Indiana Court of Appeals

Court upholds injunction in easement case

September 23, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts, and other objects were placed along a disputed easement area to prevent people from driving along it.
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COA to hear institutionalization case

September 22, 2009
IL Staff
The Indiana Court of Appeals will hear arguments Wednesday in a case of two men being held in a state mental health institution until they are deemed able to stand trial.
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COA reverses judgment for Ford in liability suit

September 21, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment today in favor of Ford Motor Co. in a products liability lawsuit, but the judges disagreed as to whether the manufacturer breached its duty to warn of the dangers of children riding in the front seat with airbags turned on.
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COA says voter I.D. law unconstitutional

September 17, 2009
Michael Hoskins
The Indiana Court of Appeals has tossed out the state's 4-year-old voter identification law as unconstitutional, bringing new attention to a statute that has been upheld by the nation's highest court.
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Couple not negligent in baby's death

September 17, 2009
Jennifer Nelson
A couple did not breach their duty to protect a baby from a dangerous condition on their property in which a 2-month-old died after his mother smothered him while the two slept on a sofa at the couple's home.
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Traffic infraction not necessary for police stop

September 11, 2009
Jennifer Nelson
Even though a police officer didn't see a driver commit any traffic infractions before pulling him over, the officer could stop the car because he believed the driver might have been injured or impaired, the Indiana Court of Appeals affirmed today.
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Lawyer failed to deny note execution under oath

September 11, 2009
Jennifer Nelson
Because an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court of Appeals ruled today.
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Court rules on LLC matter of first impression

September 10, 2009
Jennifer Nelson
The Indiana Court of Appeals had to decide for the first time whether a company owes a continuing fiduciary duty to a former shareholder or member to accurately report the company's fiscal results to the IRS for a year in which the former member held stock or was still a member of the limited liability company.
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Lawyer entitled to $1.05 million default judgment

September 10, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a default judgment in favor of an Indiana attorney because an Illinois attorney demonstrated "contumacious disregard" for a trial court's orders.
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Court split on ineffective trial counsel

September 9, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed that an attorney was ineffective because the majority found the attorney told her client he "should" win the case whereas one judge pointed out in the record the attorney admitted to telling the client he "would" win.
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Consent not defense in battery case

September 9, 2009
Jennifer Nelson
Because consent is not a defense to battery when a deadly weapon is used, the Indiana Court of Appeals affirmed a man's convictions of felony and misdemeanor battery on his girlfriend after branding her with a hot knife and hitting her with a cord.
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Adoption statute allows for subsequent consents

September 8, 2009
Jennifer NelsonMore

Judges differ on application of high court ruling

September 8, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues today in a ruling involving the ownership of certain joint accounts because he believed an Indiana Supreme Court decision was binding in the case.
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First impression in jury rule issue

September 2, 2009
Jennifer Nelson
The participation of alternate jurors in discussions of evidence during recesses from trial, as allowed under Indiana Jury Rule 20(a)(8), doesn't violate Indiana statute that prevents alternates from participating in deliberations. The Indiana Court of Appeals ruled on the matter for the first time today.
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Court erred in denying court-appointed counsel

September 2, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a man's convictions because the trial court failed to adequately ascertain whether he was indigent for purposes of court-appointed counsel.
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Judges disagree on search validity

August 31, 2009
Jennifer Nelson
On remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because she believes the search of the vehicle was unreasonable in light of the recent ruling.
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Amended ordinance doesn't apply to travel plaza

August 31, 2009
Jennifer Nelson
An Allen Superior Court correctly ruled that a travel plaza had a vested right to develop its plans under an original zoning ordinance, the Indiana Court of Appeals affirmed today.
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Judges disagree on remand instructions

August 28, 2009
Jennifer Nelson
Indiana Court of Appeals judges unanimously agreed today that a defendant's petition for expungement of his arrest shouldn't have been denied by the trial court, but they disagreed as to what should happen on remand.
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Instant offense considered 'unrelated' per statute

August 28, 2009
Jennifer Nelson
The trial court was correct in interpreting the state's habitual offender statute to include an instant conviction as one of the "unrelated" convictions referred to in the statute, the Indiana Court of Appeals ruled today.
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COA: Business is a nuisance to homeowners

August 26, 2009
Jennifer Nelson
Despite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.
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Hearing didn't consider all statutory factors

August 25, 2009
Jennifer Nelson
In a modification of physical custody case, the Indiana Court of Appeals remanded for further proceedings because the trial court was required to hear evidence on and consider all of the factors listed in Indiana Code Section 31-17-2.2-1(b).
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Worker's suicide fails chain of causation testRestricted Content

August 21, 2009
Jennifer Nelson
A widow's request for workers' compensation benefits of her deceased husband can't be granted because his death at work was caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain of causation test in trying to prove an initial work-related event led to her husband's death.
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Judges disagree if testimony is hypothetical

August 18, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice case used hypothetical language that couldn't raise a genuine issue of fact.
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IDEM could fire employee for ethics violation

August 17, 2009
Jennifer Nelson
The state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned.
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Trial court erred in denying motion to continue

August 17, 2009
Jennifer Nelson
A Marion Superior trial court should have granted a woman's motion to continue the day of her bench trial because she had a constitutional right to present a defense to support her involuntary intoxication argument, the Indiana Court of Appeals decided today.
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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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