Indiana Court of Appeals

Inconsistent jury verdicts not reviewable

April 9, 2010
Jennifer Nelson
Inconsistent, contradictory, or irreconcilable jury verdicts in criminal cases aren't available for appellate review, the Indiana Supreme Court held Thursday.
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COA upholds termination of parental rights

April 1, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence. The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to prove her drug use when she repeatedly refused to submit to drug testing.
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Judges disagree on retroactive support issue

March 31, 2010
Jennifer Nelson
In a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether a court has the authority to reach into an intact marriage and order a party to pay child support to the other.
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COA sets standard in parental rights cases

March 31, 2010
Michael Hoskins
In addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial judges must offer findings of fact in those types of cases just as they're required to by law for children in need of services cases and grandparent visitation matters.
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Legal process on mental illness isn't yet where it should beRestricted Content

March 31, 2010
Michael Hoskins
Courts nationally began in the mid-1990s to focus on mental illness and how the judiciary could fine-tune what it does to better address that issue. But many within the Hoosier legal community say that the criminal justice system hasn't gone far enough in the past decade, and both the courts and society are a long way from where they need to be on addressing mental illness.
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Appellate court to hear arguments in Lafayette

March 30, 2010
IL Staff
A panel of Indiana Court of Appeals will visit Ivy Tech Community College in Lafayette Thursday to hear the appeal of a man challenging his sentence for dealing cocaine.
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COA rules against voting-systems company

March 29, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a lower court order denying an electronic voting systems company's petition for stay on an order prohibiting it from marketing, selling, or leasing voting systems in Indiana for 18 months.
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Company not bound by defiant agent's actions

March 26, 2010
Jennifer Nelson
A trial court erred in finding that a company was bound by its insurance agency's acts even though the agency acted against the company's wishes, the Indiana Court of Appeals ruled today.
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Judge dissents in eviction case

March 25, 2010
Jennifer Nelson
There is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction or repossession of a private party, according to an Indiana Court of Appeals judge.
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Justices: Search didn't violate 4th Amendment

March 24, 2010
Jennifer Nelson
A warrantless search of a probationer's property that is conducted reasonably and supported by a probation search term and reasonable suspicion of criminal activity, doesn't violate Fourth Amendment rights, the Indiana Supreme Court held today.
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COA: State didn't bring man to trial within 1 year

March 22, 2010
Jennifer NelsonMore

COA to hear arguments at IU-Indy

March 19, 2010
IL StaffMore

Appellate court upholds murder conviction

March 18, 2010
Jennifer Nelson
Although the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals concluded today.
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Man didn't timely file petition to reopen estates

March 17, 2010
Jennifer Nelson
A trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because he failed to timely file his petition, the Indiana Court of Appeals affirmed.
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Legislature's final days bring up merit selection, out-of-state placement issuesRestricted Content

March 17, 2010
Michael Hoskins
Hoosier lawyers and judges were kept on the edge of their seats as the Indiana General Assembly navigated its final days of the session, reviving talk on two issues that have significant impact on the state's judiciary and legal system.
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Mortgage company didn't act in good faith

March 16, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because it didn't act in good faith in providing a mortgage that was obtained by fraud.
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Couple not a 'successful party' in settlement

March 16, 2010
Jennifer Nelson
Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
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All elements of 'fair value' must be considered

March 15, 2010
Jennifer Nelson
Although there isn't any Indiana caselaw detailing how the shares held by dissenting shareholders are to be appraised, the Indiana Court of Appeals adopted the view that trial courts should consider all possible elements of the present value of the corporation on the valuation date, including the company's possible future plans.
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Judges disagree on chemical possession charge

March 12, 2010
Jennifer Nelson
A panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged with possession with intent to manufacture methamphetamine.
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Defendant must prove inability to pay

March 11, 2010
Jennifer Nelson
The defendant bears the burden of proving that he or she wasn't able to provide support at a probation revocation hearing for failing to support dependants, the Indiana Court of Appeals held today.
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COA split on impact of jury instruction omission

March 11, 2010
Jennifer Nelson
One Indiana Court of Appeals judge dissented from his colleagues' decision to grant a new trial based on the lack of a jury instruction on robbery because he didn't think the defendant was prejudiced by the omission.
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COA rules on landowner first-impression issue

March 10, 2010
Jennifer NelsonMore

Prior misconduct negates self-defense claim

March 8, 2010
Jennifer Nelson
Evidence of a defendant's prior alleged domestic violence incidents against his ex-wife shouldn't have been admitted to explain the ex-wife's animosity toward him, the Indiana Court of Appeals concluded today. However, the evidence was admissible because it was relevant to prove the ex-husband's motive to commit the domestic violence he was charged with in the instant case.
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Appellate ruling addresses priority rights

March 5, 2010
Jennifer Nelson
In reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.
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Judges find search of car for gun not justified

March 4, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges reversed the denial of a defendant's motion to suppress evidence of drugs found in his car during a search, but one judge believed the man's cooperation and respect toward the police officer shouldn't factor into their decision making.
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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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