Indiana Court of Appeals

COA finds no error in Class A felony attempted robbery conviction

July 18, 2013
Jennifer Nelson
After determining it had jurisdiction over a defendant’s appeal, the Indiana Court of Appeals affirmed his conviction of Class A felony attempted robbery instead of a lesser-included offense.
More

Question remains as to whether son is ‘child’ under Wrongful Death Statute

July 17, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of the defendants on two parents’ claims under the Child Wrongful Death Statute regarding their 21-year-old son who died in a car accident. The appellate court found a genuine issue of material fact as to whether the informal apprenticeship the son was participating in at the time of his death would be considered a vocational program under the CWDS.
More

Prisoner adequately stated First Amendment claim against DOC employees

July 17, 2013
Jennifer Nelson
The Indiana Court of Appeals quickly affirmed the dismissal of most of a prisoner’s claims regarding violations under Indiana statute or the state and federal constitutions, but found her First Amendment retaliation claims against several Department of Correction employees should not have been dismissed by the trial court.
More

COA affirms dissolution of corporation embroiled in family dispute

July 17, 2013
Jennifer Nelson
A company owned by two brothers – one disabled and one terminally ill – was properly dissolved by the trial court over the disabled brother’s objections, the Indiana Court of Appeals held.
More

Conviction splits COA in determining actions of a ‘reasonable person’

July 16, 2013
Marilyn Odendahl
In affirming the conviction of a man who violated a no-contact order, the Indiana Court of Appeals split over what a “reasonable person” would have done in similar circumstances.
More

Appeals court cites apparent authority to affirm auction sale

July 16, 2013
Dave Stafford
The sale of Noble County lake and farm property at auction is valid even though some siblings in a family limited liability corporation objected because reserve prices hadn’t been met, the Indiana Court of Appeals ruled in affirming the trial court.
More

COA finds argument that documents were ambiguous is really ‘a failure to read’

July 16, 2013
Marilyn Odendahl
A real estate investor who argued that he should not be held personally liable because the loan documents were ambiguous was reminded by the Indiana Court of Appeals that “a failure to read does not equate with an ambiguity….” 
More

Rear-ended motorist found 70 percent liable wins on appeal

July 16, 2013
Dave Stafford
A jury that found a Kokomo motorist 70 percent at fault when his vehicle sitting at an intersection was rear-ended misread the law, as did a judge who instructed jurors, the Indiana Court of Appeals ruled.
More

Criminal convictions and financial penalties do not violate double jeopardy

July 15, 2013
Marilyn Odendahl
A business owner will have to serve his sentence after the Indiana Court of Appeals rejected his argument that his criminal convictions and financial penalties imposed for failing to pay taxes violated double jeopardy principles.
More

Man accused of violating city ordinances entitled to jury trial

July 11, 2013
Jennifer Nelson
Because the underlying substantive claims brought against an Indianapolis man regarding his treatment of his dog are quasi-criminal, he is entitled to a jury trial under the Indiana Constitution, the Indiana Court of Appeals has ruled.
More

COA: Surrogate can not petition to disestablish maternity

July 11, 2013
Jennifer Nelson
A married woman who acted as a surrogate for another couple cannot petition to disestablish her maternity because it would cause the child to be “declared a child without a mother,” the Indiana Court of Appeals determined on interlocutory appeal.
More

COA affirms $1,380 restitution order for missing CDs, coins

July 11, 2013
Jennifer Nelson
The Indiana Court of Appeals held Thursday that a trial court did not err in letting the state present evidence of a victim’s loss for the first time at a restitution hearing. It affirmed an order that Kenneth Smith pay $1,380 to William Kirkham for missing CDs and coins.
More

Server’s electronic tip alteration is forgery, COA rules

July 11, 2013
Jennifer Nelson
A Logan’s Roadhouse server who used a computer to alter the amount of tip a customer left for her on a credit card can be convicted of forgery, the Indiana Court of Appeals affirmed Thursday.
More

Man loses challenge to Internet access restrictions

July 9, 2013
Jennifer Nelson
A convicted sex offender’s probation condition restricting his access to certain websites and programs that are frequented by children does not violate the man’s First Amendment rights, the Indiana Court of Appeals ruled Tuesday.
More

Defendant waived right to appeal sentence

July 3, 2013
Jennifer Nelson
Finding that a man knowingly and voluntarily waived the right to appeal the appropriateness of his concurrent 34-year sentences following a guilty plea to drug charges, the Indiana Court of Appeals affirmed his sentence.
More

Guardian may not file for divorce on behalf on incapacitated adult

July 3, 2013
Jennifer Nelson
Citing a 1951 Indiana Supreme Court case, the Court of Appeals has affirmed that the law does not allow a guardian of an incapacitated person to file a petition for divorce on behalf of the incapacitated person.
More

COA split over reversing summary judgment in slip-and-fall case

July 3, 2013
Jennifer Nelson

The Indiana Court of Appeals was divided Wednesday over whether a Merrillville store failed to preserve its issue of prejudice by opposing summary judgment granted to two companies in a negligence lawsuit filed by a woman who fell on ice in front of the northern Indiana Pier 1 Imports store.

More

Judges uphold sale of properties in tax sale

July 3, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a property owner’s motion for relief from judgment after his two parcels were sold in a Marion County tax sale. The man argued the notices sent by officials didn’t comply with statutory requirements and he was denied due process.
More

Resisting law enforcement conviction reversed because man had no duty to stop

July 3, 2013
Jennifer Nelson
Finding police lacked reasonable suspicion and probable cause when responding to a call about a disturbance that would justify a seizure of a Marion County man, the Indiana Court of Appeals concluded Keion Gaddie was subject to an unlawful stop.
More

Unpaid balance bars woman from being class representative in class-action complaint

July 2, 2013
Marilyn Odendahl
Even though a trial court initially certified a class in a lawsuit, the Indiana Court of Appeals has ruled in a case of first impression that the lower court can change its mind.
More

10-year sentence for 5-finger discount not inappropriate, COA rules

July 2, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found a sentence of 10 years for stealing a shirt valued at $14.99 is not inappropriate.
More

Courts announce July 4 holiday closures

July 1, 2013
IL Staff
Indiana appellate courts and the 7th Circuit Court of Appeals are extending the Independence Day holiday to a four-day weekend.
More

Thoroughbred rep loses appeal over license requirement

June 28, 2013
Dave Stafford
A representative of a Thoroughbred horse owners and breeders organization was required to have a license from the Indiana Horse Racing Commission to participate in the group’s activities at the state’s pari-mutuel racetracks, the Indiana Court of Appeals ruled Friday.
More

Appeals panel reverses summary judgment for insurer in hit-and-run

June 28, 2013
Dave Stafford
Summary judgment in favor of an insurer should not have been granted in a hit-and-run case, the Indiana Court of Appeals ruled Friday. The court reversed a Marion Superior Court order and held that the hit-and-run driver was uninsured as a matter of law.
More

COA upholds termination of Bloomington high school teacher

June 27, 2013
Jennifer Nelson
Finding that substantial evidence supported the decision by the school board to end Bloomington High School South teacher Stephen Smith’s contract, and that the board followed proper procedures in canceling the contract, the Indiana Court of Appeals upheld the lower court’s affirmation of the board’s decision.
More
Page  << 81 82 83 84 85 86 87 88 89 90 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

ADVERTISEMENT