Indiana Court of Appeals

COA rules on fire department consolidation demotions

October 26, 2011
Michael Hoskins
The Indiana Court of Appeals issued a decision Wednesday involving the consolidation of the Lawrence Township Fire Department with the Indianapolis Fire Department and how the local township merit commission was able to restructure the firefighter officer positions under an exception in state statute.
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Court addresses Barnes retroactivity

October 26, 2011
Michael Hoskins
The Indiana Court of Appeals added a new dimension to the debate about police entry and reasonable resistance, with a three-judge panel for the first time bringing up the issue of retroactivity as applied to the state justices' controversial ruling in Barnes v. State.
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Judges divided over prison term for probation violation

October 25, 2011
Jennifer Nelson
The Indiana Court of Appeals was divided in affirming a man’s revocation of probation and order that he serve 12 years of his suspended sentence, with the dissenting judge finding this decision will penalize his child who is relying on support payments.
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COA rules man can challenge med mal act

October 25, 2011
Michael Hoskins
The Indiana Court of Appeals ruled a man whose wife died because of a missed medical diagnosis and obtained an $8.5 million jury verdict is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.
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Court rules on mistaken statutory language

October 24, 2011
Michael Hoskins
A mistaken statutory provision has led to a reversal of a decision by a trial court judge from Wells County.
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Judges interpret left turn traffic statute

October 24, 2011
Michael Hoskins
Turning left from an intersection doesn’t mean you must drive into the lane closest to the center line, the Indiana Court of Appeals ruled Monday.
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7th Circuit hears Planned Parenthood, JLAP appeals

October 21, 2011
Michael Hoskins
The 7th Circuit Court of Appeals heard two arguments in Indiana cases Oct. 20, one about how the state’s Medicaid money goes to Planned Parenthood and a second suit involving a man who claims he was discriminated against by being referred to the Judges and Lawyers Assistance Program when applying to take the Indiana bar exam.
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State bar honors 2 judges at annual meeting

October 21, 2011
IL Staff
The Indiana State Bar Association honored two Court of Appeals judges at its annual meeting Oct. 20 in French Lick.
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Defendants not negligent in father's suicide, murder of daughter

October 20, 2011
Jennifer Nelson
A father’s decision to crash a plane his daughter was in – killing them both – superseded any negligence that may be attributed to his flight instructor or other defendants in a wrongful death action, the Indiana Court of Appeals held Thursday.
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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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  1. George Grant ripped the mask off of Planned Parenthood in this fantastic read clear back in the 90's. http://www.amazon.com/Grand-Illusions-Legacy-Planned-Parenthood/dp/1581820577 Time has rendered this abortion industry goliath neither kinder nor gentler.

  2. Because one post with all of their names just would not do? https://www.youtube.com/watch?v=EvGJvzwKqg0

  3. Hello Jackie, Please go to 'LILLY BLACK" GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA. I have a post there where i will be requesting a meeting with the Indiana Senators. We all know there is power in numbers. Please say you will go or you can private message me. WE MUST NEVER GIVE UP ON OUR GRANDCHILDREN. WE ARE GETTING CLOSER.We have to stop this EMOTIONAL & MENTAL ABUSE. PLEASE JOIN ME IN THIS IMPORTANT FIGHT! THANK YOU JACKIE

  4. Hello KRISTI PAYNE, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! PLEASE HELP ME BE A VOICE!!! THANK YOU KRISTI PAYNE

  5. Hello Cheryl, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! THANK YOU CHERYL

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