Indiana Court of Appeals

Appellate court rules on insurance coverage case

December 6, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled in favor of a group of insurance companies that argued a waste management company couldn’t seek coverage for asbestos and related worker injuries under policies signed by corporate predecessors before 1986.
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Appellate court cites claim-splitting, res judicata in rejecting appeal

December 6, 2011
Jenny Montgomery
In a life insurance case that has spanned eight years, the Indiana Court of Appeals has ruled that an appeal from a widow is without merit.
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Confidential informant testimony did not hinder defense

December 6, 2011
Jenny Montgomery
A man who was arrested after a confidential informant arranged drug buys was not hindered by the fact that the informant testified at trial anonymously, the Indiana Court of Appeals ruled.
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COA finds no error in juvenile adjudication

December 6, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a juvenile court’s decision to place a minor in a residential treatment center, holding sufficient evidence exists to support the court’s dispositional order.
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Photos admissible when evidence has been destroyed

December 5, 2011
Jenny Montgomery
In an appeal from a man convicted of Class B dealing in methamphetamine and Class B misdemeanor visiting a common nuisance, the Indiana Court of Appeals has held that photos of a methamphetamine lab were admissible because the physical evidence had been destroyed.
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COA sides with appellant in probation violation complaint

December 5, 2011
Jenny Montgomery
The Indiana Court of Appeals has held that when a probation is transferred between Indiana counties, the receiving county assumes supervisory authority over the case.
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Jasper County high school students to observe Court of Appeals oral argument

December 2, 2011
IL Staff
The Indiana Court of Appeals will hear arguments in Paul K. Ogden v. Robertson et. al. at 2 p.m. EST Dec. 6 at Rensselaer Central High School, 1106 E. Grace St.
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Appellate court upholds criminal recklessness conviction

December 1, 2011
Jennifer Nelson
The Indiana Court of Appeals determined there was sufficient evidence to uphold a man’s conviction of criminal recklessness regarding his firing of a gun.
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Technical issues interrupt COA webcasts

November 30, 2011
IL Staff
The Indiana Court of Appeals will not have any webcast videos, and potentially no audio, for at least several days, the court announced Wednesday.
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Judges find ex post facto claim waived

November 30, 2011
Jennifer Nelson
The man who raised a constitutional challenge to the propriety of his conviction of failing to register as a sex offender waived his ex post facto claim when he entered into a plea agreement, the Indiana Court of Appeals held Wednesday.
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COA addresses impact of guilty pleas on immigration status

November 28, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man’s petitions for post-conviction relief, finding his attorneys’ failure to advise him of adverse immigration consequences of pleading guilty did not prejudice his defense.
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Appellate judges travel to Indianapolis high school

November 28, 2011
IL Staff
The Indiana Court of Appeals will hear arguments in Christopher Bryant v. State of Indiana Tuesday at Lawrence North High School in Indianapolis.
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COA delves into grammar in reversing trial court

November 23, 2011
Jenny Montgomery
The Indiana Court of Appeals issued three opinions Wednesday that dissect the grammar of a state statute in reversing a trial court’s decision regarding sentence enhancements.
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Holiday court closures, bankruptcy court changes

November 23, 2011
IL Staff
Indiana’s courts will be closed Thursday in honor of Thanksgiving. However, some court offices will be available to handle emergencies on Friday.
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COA orders trial court to award credit for time served

November 22, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled a trial court erred in calculating credit for time served but found the record was insufficient to prove that additional credit time should be awarded for the defendant’s participation in a drug-treatment program.
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Court relies on equitable estoppel determination test

November 21, 2011
Michael Hoskins
Examining both state and national caselaw in an appeal involving an Allen County car crash, the Indiana Court of Appeals has used a two-part test in determining whether equitable estoppel is available to those filing a claim.
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COA: Serving notice on an adult's parents isn't adequate

November 21, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled that a trial court can’t serve notice on the home of someone’s parents if that adult doesn’t live there and expect that to serve as adequate notice for the party to appear in court.
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COA affirms trial courts in truant kindergartner cases

November 18, 2011
Jenny Montgomery
The Indiana Court of Appeals has sided with the trial courts in two cases that have been consolidated in one appeal in determining that referral and attendance records for truant students were admissible at trial under the state’s business records exception.
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Court won't remove trial judge in Simon case

November 17, 2011
Michael Hoskins
The Indiana Court of Appeals has dismissed an appeal filed by Melvin Simon’s widow, finding that it doesn’t have jurisdiction to remove a Hamilton Superior judge from the case involving the late mall-magnate’s estate valued at more than $2 billion.
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Justices rule on applicable statute of limitations

November 17, 2011
Jennifer Nelson
The Indiana Supreme Court decided Thursday that the period within the general statute of limitations controls the limitation period when a medical provider may seek payment of outstanding bills for authorized treatment to an employer’s worker. The justices came to that conclusion after finding the Worker’s Compensation Act is silent on what the applicable limitation period is for this matter.
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COA finds Army discipline does not exempt defendant from prosecution

November 17, 2011
IL Staff
The Indiana Court of Appeals has affirmed a trial court denial of a man’s motion to dismiss, rejecting his argument that being reprimanded by the United States Army precludes him from prosecution for the same offense.
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Court rules arbitration provision null and void

November 16, 2011
Jennifer Nelson
Tackling an issue of first impression, the Indiana Court of Appeals concluded that an arbitration provision in a loan agreement from a payday loan provider is null and void on the grounds of impossibility because the arbitrator named in the document is no longer available.
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Man entitled to new probation revocation hearing

November 15, 2011
Jennifer Nelson
The Indiana Court of Appeals has ordered a new probation revocation hearing for a Wells County man after finding the reasons by the special judge as to why the man should serve his entire previously suspended sentence were “problematic.”
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COA orders special prosecutor in Camm trial

November 15, 2011
Jennifer Nelson
The county prosecutor who signed and later cancelled a book deal about his involvement in the murder trial of David Camm will not be allowed to serve as prosecutor at Camm’s third trial.
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Judges uphold juvenile's adjudication

November 14, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the acceptance of a minor’s plea agreement that was not signed by either of his parents because the signature of the minor and his attorney on the plea agreement satisfied statutory requirements.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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