Indiana Court of Appeals

COA upholds adoption venue transfer

May 26, 2016
Scott Roberts
The Indiana Court of Appeals upheld transfer of an adoption petition from Greene to Monroe County Circuit Court, ruling Monroe was the preferred venue because of other cases related to the petition that also were happening there.
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COA: Man did not have expectation of privacy after he was tracked by GPS

May 26, 2016
Scott Roberts
Tracking of man by GPS did not violate his Fourth Amendment or Indiana constitutional rights, the Court of Appeals ruled, because he did not have a reasonable expectation of privacy. The appellate court upheld Joseph Sidener's Class C felony burglary conviction and the finding he is an habitual offender.
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COA rules DCS has duty to protect caller’s identity

May 26, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a 2-1 decision the Indiana Department of Child Services had a duty to protect a man’s identity after he called the DCS hotline and reported his neighbors’ children as children in need of services.
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COA: Gun evidence lawfully obtained

May 25, 2016
Scott Roberts
In its third Fourth Amendment case in two weeks, the Indiana Court of Appeals ruled evidence obtained during a stop of a man who was loitering around an apartment complex and then left suspiciously was lawfully seized. The judges affirmed the trial court’s denial of his motion to suppress on interlocutory appeal.
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Divided COA rules karate kick is an issue of material fact

May 24, 2016
Scott Roberts
The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.
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Property manager not liable in drunken driving crash, COA holds

May 24, 2016
Scott Roberts
The Indiana Court of Appeals ruled the property management company of a Camby bar has no duty of care to a woman who was seriously injured in a car accident in which she and the driver were intoxicated.
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Court of Appeals hears woman's appeal of feticide conviction

May 24, 2016
 Associated Press
Indiana appeals court judges grilled an attorney for the state Monday over whether there was evidence a woman found guilty of neglect and feticide in a self-induced abortion knew she had given birth to a live child.
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COA divided over general contractor’s duty to provide safe workplace

May 23, 2016
Jennifer Nelson
The Indiana Court of Appeals voted 2-1 Monday to affirm summary judgment in favor of the general contractor of a Lafayette Gander Mountain project where a subcontractor’s employee was injured. The majority concluded the general contractor did not have a non-delegable contractual duty toward the injured worker.
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COA deals blow to AG’s foreclosure lawyer consumer suit

May 23, 2016
Dave Stafford
An effectively disbarred Florida attorney whose company hired Indiana lawyers to represent people in foreclosures must face a consumer lawsuit brought by the Indiana Attorney General’s Office, but her company is largely exempted, the Indiana Court of Appeals ruled Monday.
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Molest conviction affirmed; habitual offender waiver remanded

May 23, 2016
Scott Roberts
The Indiana Court of Appeals found a counsel's mistake did not constitute judicial admission in a man's trial when he was found guilty of molesting his stepdaughter. But the appeals court remanded his guilty plea for being a habitual offender, finding he did not waive his right to trial on the issue at court, his attorney did.
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Indiana court to hear woman's appeal of feticide conviction

May 23, 2016
 Associated Press
Attorneys for an Indiana woman found guilty of killing the premature infant she delivered after ingesting abortion-inducing drugs will ask an appeals court Monday to throw out the convictions that led to her 20-year prison sentence.
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'Abusive litigant' loses appeal for damages

May 23, 2016
Scott Roberts
The Indiana Court of Appeals denied a prolific litigant's attempt to get more than $30,000 in damages after he claimed a printer he purchased online for less than $75 did not work and then sued for thousands of dollars in damages.
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Felon firearm possession charge affirmed on appeal

May 20, 2016
Dave Stafford
An Indianapolis man convicted of possession of a firearm by a serious violent felon failed to persuade the Indiana Court of Appeals that the search that led to discovery of the gun wasn't supported by reasonable suspicion.
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Man loses home damage appeal that blamed neighbor’s watering

May 20, 2016
Dave Stafford
A man whose Monroe County home was lost to mold contamination lost his appeal of a jury verdict in favor of his neighbor. The homeowner had claimed his neighbor's excessive watering of her lawn caused water damage to the basement of his home.
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COA: Lack of warning signs reinstates suit in fatal crash

May 20, 2016
Scott Roberts
The Indiana Court of Appeals found the Hancock County Board of Commissioners was not liable for the way an intersection was designed but found there was an issue of material fact as to whether the county should have installed warning signs there. A man was killed at the intersection in 2009 in a crash with another vehicle, triggering a lawsuit.
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Newborn blood sample case appealed to Indiana’s high court

May 20, 2016
 Associated Press
An Indiana couple seeking the destruction of millions of newborn blood samples stored in a state warehouse is appealing their case to the Indiana Supreme Court. The couple's attorney filed a petition Thursday asking the state high court to take up the case.
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COA: Worker's comp board may overrule medical examiner

May 19, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a Worker's Compensation Board decision that a man did not sustain a cervical injury as a result of a workplace accident. The board was not required to follow treatment recommendations of an independent medical examiner who saw the man after his employer notified him of its intent to terminate temporary total disability benefits.
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COA: Mother’s rights not violated by reasonable efforts order

May 19, 2016
Scott Roberts
The Indiana Court of Appeals ruled an order that reasonable efforts to reunify a mother and her daughter were not necessary did not violate her rights under the Americans with Disabilities Act or the Rehabilitation Act and affirmed judgment of the trial court.
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COA upholds contempt charges in video conference

May 19, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man's contempt of court charges after it found just because a man was on video didn't mean he couldn't commit contempt, and the evidence was enough to uphold the charges.
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Ex-credit union chief loses defamation per se appeal

May 18, 2016
Scott Roberts
The Indiana Court of Appeals affirmed summary judgment for an employer after the president of a company was fired over an executive's hotline call. The president claimed defamation per se and considered the hotline company liable, but the COA ruled comments made during the call were not defamatory.
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COA reinstates ex-boyfriend's complaint for damages

May 18, 2016
Scott Roberts
The Indiana Court of Appeals found a man's complaints for compensation against his girlfriend for work he did on two houses, including a house they both lived in, should not have been dismissed. The case was remanded to the trial court.
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COA: Search under probation did not violate Fourth Amendment

May 18, 2016
Scott Roberts
The Indiana Court of Appeals found a warrantless search of property did not violate a man's Fourth Amendment and Indiana Constitutional rights and upheld the denial of his motion to suppress evidence after he was convicted of two methamphetamine counts.
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COA upholds conviction, trims sentence in heroin case

May 18, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man's conviction but reduced his sentence for dealing heroin even though he didn't actually participate in the transaction in one of the counts.
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COA: Evidence obtained during welfare check is admissible

May 17, 2016
Scott Roberts

The Indiana Court of Appeals ruled evidence from a search where police officers went into a house without a warrant to check on the children was valid evidence at trial and affirmed denial of a woman’s motion to suppress.

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Appraiser has no duty of care to real estate seller

May 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.
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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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