Indiana Court of Appeals

Touched by controversy

June 8, 2011
Michael Hoskins
In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.
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Justices rule: No right to resist

June 8, 2011
Michael Hoskins
The Indiana Supreme Court caught many people off guard when it abolished the common law right of citizens to reasonably resist police from entering their homes, no matter the situation and regardless of whether the entry is legal.
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Prosecutor's conduct leads to child-molesting conviction reversal

June 7, 2011
Michael Hoskins
The Indiana Court of Appeals said a Tippecanoe County man has the right to a retrial on a child molestation charge because the prosecutor inappropriately vouched for the victim’s credibility and had offered to show the victim a transcript of past statements without the teenager asking for that recollection.
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COA judge issues 8-page criticism of trial court missteps

June 3, 2011
Jenny Montgomery
The Indiana Court of Appeals has reversed a juvenile court’s order of restitution, stating the court failed to investigate the young man’s ability to pay, and that the damage amount could not be determined to be reasonable. Judge Melissa S. May wrote an eight-page separate opinion stating that the trial court’s many errors hampered the COA’s ability to perform its review of the case.
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COA: man doesn't have to testify for self-defense instruction

June 2, 2011
Jennifer Nelson
The Indiana Court of Appeals ordered a new trial for a man convicted of murder because the trial court erred by refusing to instruct the jury on self-defense without the defendant’s testimony.
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High court splits on molestation conviction

June 1, 2011
Jennifer Nelson
The Indiana Supreme Court was divided Wednesday in an opinion regarding whether a man could be charged with Class C felony child molesting 16 years after he last molested his stepniece.
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Judges affirm recommitment to DOC

June 1, 2011
Jennifer Nelson
Ruling on a matter having no cases directly on point, the Indiana Court of Appeals held a trial court had personal jurisdiction over the defendant when it reordered him back to the Indiana Department of Corrections several years after discovering he was released prematurely.
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Appellate court addresses parental privilege in 2 opinions

May 31, 2011
Jennifer Nelson
In two cases involving the parental privilege defense, the Indiana Court of Appeals ruled in favor of a teacher who “flicked” a special education student’s tongue and against a father hit his daughter numerous times with a belt.
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Court rules on public defender fee imposition

May 27, 2011
Michael Hoskins
The Indiana Court of Appeals has decided that a state statute’s indigency hearing requirement doesn’t apply when a defendant has entered into a cash bail-bond agreement, meaning a trial court can use that bond money to pay court costs such as the imposed public defender fee.
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Insurer not entitled to rescind home insurance policy

May 26, 2011
Jennifer Nelson
The failure to disclose true value in a real estate insurance context doesn’t give rise to a rescission claim, the Indiana Court of Appeals held in a case of first impression.
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Court reverses feticide convictions on double jeopardy grounds

May 26, 2011
Jennifer Nelson
The man who shot a pregnant teller during a bank robbery, which led to the death of her twins, had his two felony feticide convictions vacated by the Indiana Court of Appeals because of double jeopardy violations.
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Issue of fact precludes summary judgment in insurance case

May 25, 2011
Jennifer Nelson
Neither side in a dispute over whether a deceased man’s auto insurer should provide coverage for losses from an accident that occurred while he was driving his girlfriend’s car is entitled to summary judgment, the Indiana Court of Appeals ruled Wednesday. A genuine issue of material fact remains as to whether the girlfriend’s car was furnished or available for the man’s regular use.
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Panel orders lower court to enforce protective order

May 24, 2011
Michael Hoskins
Highlighting a bias in state statute relating to protective orders, the Indiana Court of Appeals has held that an accuser’s request for a civil contempt hearing against someone alleged to have violated a protective order can’t be tied to any other criminal or civil proceedings under way or available in the future.
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COA rules in favor of mother in contentious custody battle

May 24, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court’s decision awarding a mother primary custody of her child, after a joint custody arrangement between the mother and father deteriorated.
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Court rules on medical malpractice excess damages issue

May 23, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled on an issue of first impression, adopting recent guidance from the state’s highest court to decide that evidence relating to medical malpractice liability can be introduced in determining damages even after someone enters into a settlement with the healthcare provider on that underlying claim.
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Justices take two cases

May 23, 2011
Jenny Montgomery
The Indiana Supreme Court has granted transfer to two cases – a civil case involving a car accident and an appeal from a convicted child molester.
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Mother's rights at issue in COA reversal

May 20, 2011
Michael Hoskins
The Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.
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COA to hear arguments in trademark case at Merrillville High School

May 20, 2011
Jenny Montgomery
The Indiana Court of Appeals will hear oral argument in An-Hung Yao v. State of Indiana and Yu-Ting Lin v. State of Indiana at 12:30 p.m. (CDT) May 25, 2011, at Merrillville High School in the Freshman Center Lecture Hall. A panel of judges consisting of Chief Judge Margret G. Robb, Judge Michael P. Barnes, and Judge Terry A. Crone will hear the case on appeal from Huntington Circuit Court.
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COA: Tractor sale contract not enforceable

May 19, 2011
Michael Hoskins
The Indiana Court of Appeals says it’s against public policy to uphold any civil contract that’s based on an illegal action, and so the court says it won’t create a rule allowing that transaction agreement to be enforced.
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High court rules man could be retried

May 18, 2011
Jennifer Nelson
The Double Jeopardy Clause of the U.S. Constitution doesn’t prevent the state from retrying a man who was acquitted by a jury in the murder of one person, but in which the jury couldn’t return a verdict on the defendant's attempted murder charge of another man, the Indiana Supreme Court held Wednesday.
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Judges split on mortgage issue

May 17, 2011
Jennifer Nelson
In a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to whether the mortgagee on record had an enforceable right under a mortgage.
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COA orders trial court to define, locate easement

May 16, 2011
Jennifer Nelson
A trial court erred in denying a trust’s request for an easement of necessity relating to a certain parcel of land because the previous property owners didn’t grant themselves an easement before they transferred the land to the trust, ruled the Indiana Court of Appeals.
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Perry County only preferred venue for wage suit

May 12, 2011
Jennifer Nelson
In an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed by the Commissioner of Labor under the act.
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COA reverses denial of translated version of hearing

May 10, 2011
Jenny Montgomery
The Indiana Court of Appeals ruled that the post-conviction court abused its discretion when it denied a woman’s request to have access to the electronic recording of her guilty plea hearing.
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COA affirms remanded sentence

May 9, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other convictions.
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  1. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  2. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

  3. Lots of potential "good boys" right in the heart of our nation .... "Nashville, TN has gained a reputation as a new “Ellis Island,” a magnet for immigrants from around the world. The number of foreign-born residents in the area has grown from 2 percent to almost 12 percent." Some 30 percent of students in Metro schools live in homes in which English is not the primary language. In 2012 Nashville had the fastest-growing immigrant population of any American city. It is the home of the nation’s largest Kurdish population, as well as sizable numbers from other countries such as Somalia, Sudan, Egypt, Eretria and Bhutan. Nashville has traditionally had a sizable and prominent African-American community, which accounts for nearly 16 percent of its population." http://www.tennessean.com/story/opinion/contributors/2015/05/17/nashville-welcoming-immigrants/27479183/ SMILE & CELEBRATE DIVERSITY!

  4. This story linked below about FBI shooting an unarmed Chechen suspect in his apartment six times in the chest and once in the back of the head, is unrelated. IT has NOTHING to do with Tsaernayev. And the agent was cleared of wrongdoing, even though the story says nothing of the other agents there with him at the time. Maybe the unarmed suspect was making a move for a butter knife on the table before they began punching him full of holes. Sad but of course, wholly unrelated....nothing to see here, keep moving http://www.npr.org/sections/thetwo-way/2014/03/21/292441681/reports-fbi-agent-who-killed-chechen-during-boston-bombing-probe-is-cleared

  5. Oh, bsides these troubled youts, maybe a few ex-contractors they had to relocate after Russia crushed the Western instigated insurgency, that's all. Nice boys. But when they go wrong, they need to be silenced. http://www.reuters.com/article/2009/09/24/us-russia-chechnya-cia-idUSTRE58N5S120090924

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