Indiana Court of Appeals

COA upholds $300,000 verdict, addresses 'patient abandonment'

October 19, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled on the first of hundreds of medical malpractice claims filed against a former ear-nose-throat specialist in Merrillville, upholding a $300,000 jury verdict and also delving into novel legal issues that haven’t been widely addressed by the state’s appellate courts.
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COA: Man wasn't denied fair trial by judge

October 14, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld a man’s attempted murder conviction, finding the trial judge did not act in a way to deny the defendant a fair trial.
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Judges to go to Oakland City for arguments

October 14, 2011
IL Staff
Indiana Court of Appeals judges Melissa May, Michael Barnes and Terry Crone will hear a convicted murderer’s appeal for post-conviction relief at Oakland City University Oct. 19.
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Appellate court reverses summary judgment for insurer

October 13, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a hotel’s insurance company in a negligent hiring suit, ruling there is a question as to whether the teenage hotel guest was under the “care, custody or control” of the hotel at the time the teen was molested by an employee.
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Appellate court tackles child support issues

October 12, 2011
Jennifer Nelson
In three opinions released Wednesday, the Indiana Court of Appeals ruled on child support issues – the application of Social Security benefits to an arrearage and whether two fathers who were incarcerated for not paying child support could have their support obligations modified.
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Judges rule against hospital in fee suit

October 12, 2011
Jennifer Nelson
Citing caselaw that goes back 120 years, the Indiana Court of Appeals reversed a Marion Superior judge’s dismissal of a complaint against a central Indiana hospital pursuant to Indiana Trial Rule 12(B)(6).
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COA chief judge receives Antoinette Dakin Leach Award

October 12, 2011
IL Staff
Indiana Court of Appeals Chief Judge Margret Robb was given the 2011 Antoinette Dakin Leach Award Oct. 5 by the Indianapolis Bar Association’s Women and the Law Division at a recent symposium.
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COA affirms jury's rejection of insanity defense

October 7, 2011
Jenny Montgomery
The Indiana Court of Appeals has sided with a jury in rejecting a man’s insanity plea, holding that even when crimes seem horrific and senseless, that does not mean the perpetrator is legally insane.
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COA: Remonstrators didn't request timely stay of annexation

October 6, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.
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Deputy owed no duty to warn of icy road

October 6, 2011
Jennifer Nelson
A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.
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COA: Court erred in admitting probable cause affidavit

October 5, 2011
Jennifer Nelson
A trial court should not have admitted a probable cause affidavit that contained multiple layers of hearsay at a probation revocation hearing, the Indiana Court of Appeals concluded Wednesday.
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Judges extend due process safeguards regarding interpreters to civil cases

October 4, 2011
Jennifer Nelson
A trial court must take the same steps in a civil action as it does in a criminal action regarding the use of an interpreter in order to address due process concerns, the Indiana Court of Appeals held for the first time Tuesday.
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Appellate judges will hear arguments in East Chicago

October 4, 2011
IL Staff
A panel of Indiana Court of Appeals judges will travel to northern Indiana Thursday to hear the appeal of a man convicted of attempted murder.
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Judges uphold admission of robbery confession

October 3, 2011
Jennifer Nelson
A trial court did not err in admitting evidence of uncharged misconduct from another incident during a defendant’s trial for robbery, the Indiana Court of Appeals ruled Monday. The evidence contained a letter that helped corroborate the man’s confession to the robbery.
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Appellate court to visit southern Indiana Oct. 4

September 30, 2011
IL Staff
Two panels from the Indiana Court of Appeals will hear arguments at universities in southern Indiana next week.
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Court: CHINS fact-finding hearing required by due process

September 28, 2011
Michael Hoskins
The Indiana Court of Appeals disagrees with the state Department of Child Services that fact-finding and dispositional hearings in a child in need of services case are interchangeable. The appellate panel has ruled a Marion County father’s due process rights were denied because he didn’t receive the opportunity for a fact-finding hearing.
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Appeals court reverses judge on visitation ruling

September 28, 2011
Michael Hoskins
The state’s intermediate appellate court has reversed a southern Indiana judge’s ruling that a boyfriend should retain visitation rights over an ex-girlfriend’s child. It ruled that the finding is contrary to law because lawmakers didn’t allow for that type of circumstance to warrant visitation.
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Judges rule on issues stemming from cemetery case

September 26, 2011
Jennifer Nelson
The Indiana Court of Appeals ruled on matters involving alleged looting of cemetery funds in two cases Monday, upholding the denial of class certification in one case and adopting a “plain legal prejudice” standard in the other case.
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COA: woman not denied right to confrontation

September 26, 2011
Jennifer Nelson
In a woman’s appeal of her prostitution conviction, the Indiana Court of Appeals addressed the right to confront witnesses and its interrelationship with hearsay evidence.
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COA reverses trial court's ruling in favor of attorney

September 23, 2011
Jenny Montgomery
The Indiana Court of Appeals has reversed a trial court’s grant of summary judgment in favor of an attorney who failed to monitor an estate checking account while serving as the estate’s counsel.
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Elements of crimes did not occur in Indiana

September 22, 2011
Jennifer Nelson
The Indiana Court of Appeals ordered that charges be dropped against a pair living in Houston who faced counterfeiting and theft charges, finding the trial court lacked territorial jurisdiction.
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Judges affirm division of property

September 21, 2011
Jennifer Nelson
Although a commissioners’ report that divided land among two owners was technically inadequate, the Indiana Court of Appeals upheld the division because one of the owners didn’t show he was prejudiced.
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Man's conviction hinges on 'induce' definition

September 20, 2011
Jennifer Nelson
The Indiana Court of Appeals had to determine how to interpret the term “induce” related to a man’s contributing to the delinquency of a minor case and upheld his conviction based on the term’s dictionary definition.
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Judges uphold involuntary commitment

September 19, 2011
Jennifer Nelson
When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.
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COA finds 2007 version of statute is an ex post facto law

September 19, 2011
Jennifer Nelson
The Indiana Court of Appeals has reversed in part a man’s petition for post-conviction relief challenging the finding that he is ineligible to petition for a change of status regarding being a sexually violent predator. The 2007 version of the applicable statute is an unconstitutional ex post facto law as applied to him.
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  1. Number one, only $1 was earmarked as punitives. Most of the $1,950,000 was earmarked as pain and suffering. But I will give you, JS, that sure does sound punitive! Number two, remittitur, for certain, but how does one unring the dinner bell that has now been sounded? Catholic school blood is in the sharktank.

  2. Hi, I had an auto accident on 12/26/2012 on I-65 near Lafayette, IN. I rear hit a semi truck. Meanwhile, I got a traffic ticket. I went to White Superior Court to have a hearing. I thought that I could win the case. I lost. I am not sure if you will be able to reverse the judgment in the White Superior Court. Meanwhile, I will try to let the insurance agency for the truck driver to pay the damages to my car. I wonder if your office is willing to handle the case. Thanks.

  3. Putting aside the question of how they got past the pastoral purpose/ 1st Amendment/ MSJ hurdle-- let me ask this: a million bucks in punitive damages? are you kidding me? absolutely ridiculous. Remittitur.

  4. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  5. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

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