Indiana Court of Appeals
Duke loses appeal of scandal-touched IURC rate case reversal
December 28, 2012
Dave StaffordThe Indiana Utility Regulatory Commission’s reversal and subsequent rejection of deferred accounting of $11.9 million
for Duke Energy was affirmed by the Court of Appeals Friday in a case revisited because of an ethics scandal involving state
regulators.
MorePublic interest in reducing poverty is grounds for application of doctrine of laches
December 27, 2012
Marilyn OdendahlIn overturning a lower court’s ruling, the Indiana Court of Appeals opened the door for the doctrine of laches to be
applied to the Indiana Bureau of Motor Vehicles by finding the suspension of a Bloomington woman’s driving privileges
conflicts with the public’s interest in reducing poverty.
MoreTesty divorce remanded for recalculation
December 27, 2012
Dave StaffordA divorce order that satisfied neither party was sent back to the trial court for recalculation of several provisions.
MoreCOA affirms ruling in suit brought after fatal train accident
December 27, 2012
Dave StaffordThe trial court did not err in concluding that a genuine issue of material fact exists as to whether federal preemption applies
with respect to the adequacy of the traffic warning devices installed at a railroad crossing where a fatal accident occurred
in 2009, the Indiana Court of Appeals affirmed Thursday.
MoreAppeals court reinstates injured motorist’s claim against insurer
December 27, 2012
Dave StaffordA driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court
of Appeals on Thursday.
MoreAppeals court upholds Medicaid fraud charges
December 27, 2012
Dave StaffordA woman charged with defrauding Indiana’s Medicaid program of nearly $350,000 lost the appeal of her partial motion
to dismiss the charges.
MoreSnow forces court, office closures
December 26, 2012
Jennifer NelsonMany people in Indiana may be enjoying an extra-long Christmas vacation thanks to blizzard-like conditions in parts of the
state. Heavy snow and high winds have led to closures, including Indiana’s appellate courts.
MoreMan’s child molesting conviction upheld
December 21, 2012
Jennifer NelsonThe Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that
Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
MoreCOA upholds cocaine convictions, sentence
December 21, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession
of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered
jury instruction.
MoreJudges affirm criminal recklessness conviction
December 21, 2012
Jennifer NelsonSomeone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily
injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals
held in a first impression case.
MoreJudges reinstate administrative order to refund excessive title insurance premiums
December 19, 2012
Jennifer NelsonAfter finding a trial court exceeded its authority when it reweighed evidence presented to a hearing officer regarding overcharging
of title insurance premiums by several agencies, the Indiana Court of Appeals reinstated the administrative order issued by
the Indiana commissioner of insurance to refund excessive premiums.
MoreCOA orders continuation of insurer’s case against tenant
December 19, 2012
Jennifer NelsonBecause Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant
and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court
of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action
against the tenant after a fire started on her patio.
MoreJustices reinstate 80-year sentence
December 19, 2012
Jennifer NelsonDisagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana
Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s
two young daughters.
MorePowers collide in utility rate case charged by ethics scandal
December 19, 2012
Dave StaffordUndue influence is an undercurrent of Duke Energy v. Indiana Utility Regulatory Commission case.
MoreState drops charges against mom whose murder, arson convictions were overturned
December 18, 2012
Jennifer NelsonThe state has dropped charges against Kristine Bunch, the Decatur County woman who claimed she was wrongfully convicted of
killing her son in a fire in 1995. Bunch was convicted in 1996 of murder and arson, but the Court of Appeals ordered a new
trial this year.
MoreAttempted ‘hybrid’ defense delay didn’t violate speedy trial rule
December 18, 2012
Dave StaffordA criminal defendant who filed motions on his own behalf and who also had consented to appointment of a special public defender
was not denied a speedy trial when a delay of more than 70 days occurred, the Court of Appeals ruled Tuesday.
MoreThe Star asks Supreme Court to review order to name online commenter
December 18, 2012
Dave StaffordThe Indianapolis Star has asked the Indiana Supreme Court to hear its appeal of an order that it identify an anonymous
commenter who posted messages on its website that became part of a defamation suit.
MoreWoman who invited abusive spouse did not violate no-contact protective order
December 14, 2012
Marilyn OdendahlIn a case of first impression, the Indiana Court of Appeals ruled the Indiana General Assembly was deliberate when it did
not criminalize the violation of a protective order by the protected person.
MoreStar seeks rehearing on order to identify online commenter
December 14, 2012
Dave StaffordThe Indianapolis Star is asking the Court of Appeals to reconsider its order issued Dec.7 that required the newspaper
to release the name of an online commenter Friday to a plaintiff who claims the remarks defamed him.
MoreSplit court upholds $3.9 million workplace injury judgment
December 14, 2012
Dave StaffordWhether a general liability carrier could intervene in a workplace injury lawsuit that awarded a plaintiff $3.9 million is
a question that divided the Indiana Court of Appeals, which affirmed the lower court ruling.
MoreCOA reminds ex-spouse that turnips cannot bleed
December 14, 2012
Marilyn OdendahlCalling her interpretation of Indiana law incorrect, the Court of Appeals rejected a woman’s argument against the decrease
in her spousal support and reminded her that “one cannot bleed a turnip.”
MoreDivided appeals court affirms denial of incapacity maintenance
December 14, 2012
Dave StaffordA woman with longstanding disabilities denied incapacity maintenance in her divorce judgment convinced one appellate judge
that the trial court abused its discretion, but the majority affirmed the lower court’s decision.
MoreJudges uphold workers’ comp claim for nurse
December 14, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s ruling in favor of a home
health care registered nurse on her claim for workers' compensation. The judges rejected the company’s argument
that the board’s decision was based on the defunct “positional risk doctrine.”
MoreJudges rule legal malpractice claim untimely
December 13, 2012
Jennifer NelsonA family who sued an Allen County attorney after finding out he did not properly obtain ownership of a railroad right-of-way
in 1995 lost its appeal before the Indiana Court of Appeals because the family’s lawsuit is barred by the statute of
limitations.
MoreBuilder allowed to foreclose on lien
December 12, 2012
Jennifer NelsonThe Indiana Court of Appeals found a Lake Superior judge erred in denying a construction company’s request to foreclose
on a mechanic’s lien after the client withheld a final payment, claiming faulty work.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...