Indiana Court of Appeals

COA: property conveyed with a restrictive covenant

December 4, 2015
Jennifer Nelson
The Indiana Court of Appeals Friday had to determine whether the conveyance of a school for park and recreational use was done so by a restrictive covenant or a fee simple with condition subsequent.
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COA affirms dismissal of will contest

December 3, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the dismissal of a man’s will contest action involving his siblings, but for a different reason than the trial court.
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Judge wants harsher sentence for attack on ex-fiancee

December 2, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed there were no double jeopardy violations following a man’s open plea agreement to strangling, confining and battering his ex-fiancee, but one judge believed the man deserved more time in the Department of Correction based on the seriousness of the incident.
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Monarch keeps up fight to overturn state alcohol sales law

December 2, 2015
 Associated Press
The largest beer and wine wholesaler in Indiana is asking a state appeals court to find a law unconstitutional that prohibits beer wholesalers from seeking a permit to also distribute liquor.
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Divided COA reinstates lawsuit of drunk man who fled, was hit by cars

November 30, 2015
Dave Stafford
A bar will have to face a negligence lawsuit brought by a man who was served at least one drink before he fled from a police stop in handcuffs and was hit by two cars as he tried to cross a state highway.
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Lack of evidence gets CHINS ruling reversed

November 30, 2015
Marilyn Odendahl
Finding the evidence to be “wholly lacking,” the Indiana Court of Appeals reversed a CHINS adjudication and admonished the juvenile court and the Indiana Department of Child Services to refocus their efforts on families truly in need.
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COA affirms finding for mortgage holder in foreclosure

November 30, 2015
Dave Stafford
A mortgage holder had a right to enforce a settlement agreement against borrowers, the Court of Appeals ruled Monday, affirming a trial court order.
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COA vacates protective order based on hearsay

November 30, 2015
Dave Stafford
A protective order against a family member who police accused of sexual abuse against a child was lifted by the Indiana Court of Appeals Monday.
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Split COA reverses denial of habitual traffic violator rulings

November 30, 2015
Dave Stafford
A divided panel of the Indiana Court of Appeals ruled against five Lake County motorists who a trial court determined could not be judged habitual traffic violators.
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Top beer distributor challenges state ban on liquor permit

November 30, 2015
Dave Stafford
Indiana’s largest beer and wine distributor is challenging a state law that bars it and other beer and wine wholesalers from distributing liquor.
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COA: Court properly denied father’s motions in termination case

November 23, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed the termination of a father’s rights over his young son Monday, finding the trial court acted within its discretion when it denied his motions for a continuance and order to transport from where he was incarcerated to the Indianapolis court.
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COA reverses sentence imposed after failed drug program completion

November 23, 2015
Jennifer Nelson
A man who was ordered to serve 20 years – the maximum sentence for a Class B felony – after not completing a drug court program due to smoking Spice will be resentenced. The Indiana Court of Appeals found the trial court selected his sentence based on his failure to complete the program.
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COA: Man’s threat to officers not intimidation

November 20, 2015
Jennifer Nelson
The Indiana Court of Appeals held Friday that a man who threatened to shoot officers dispatched to his home did not commit intimidation as defined by the statute.
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HIP payments not negotiated; Stanley not applicable

November 19, 2015
Jennifer Nelson
Medical payments made by the Healthy Indiana Plan for a woman involved in a car accident to reimburse her medical providers in full satisfaction of hospital bills were properly excluded at trial, the Court of Appeals held Thursday. The trial court correctly ruled that those payments are barred by the collateral source statute and that Stanley v. Walker does not apply.
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Court orders man’s probation period reduced

November 18, 2015
Jennifer Nelson
The Indiana Court of Appeals found a man’s due process rights were violated because the state couldn’t prove he was advised of his constitutional rights at his probation revocation hearing. The appeals court ordered further proceedings on the matter, including reducing his period of probation to comply with statute.
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FSSA incorrectly imposed transfer penalty on Medicaid recipient

November 18, 2015
Jennifer Nelson
Based on evidence presented that a Medicaid recipient’s home sold for $75,000 – the fair market value – and proceeds went back to the irrevocable trust that held legal title of the home, the Family and Social Services Administration incorrectly imposed a transfer penalty against the woman after it found the fair market value was $91,900, the Court of Appeals ruled Wednesday.
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Farmer with wandering cattle will have to build fence himself

November 16, 2015
Marilyn Odendahl
A Starke County farmer who wanted to keep his cattle from roaming onto neighboring farms will have to pay for the entire fence to be built, the Indiana Court of Appeals has ruled.
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Temporary tag in rear window gets conviction tossed

November 13, 2015
Marilyn Odendahl
A Hendricks County Sheriff’s deputy’s ignorance of where a temporary license plate can be displayed on a car led the Indiana Court of Appeals to overturn a drunken-driving conviction.
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Split COA orders refund of $12K in foreclosure deficiency payments

November 13, 2015
Dave Stafford
A Court of Appeals panel wrote Friday that justice demands an attack on an improper 2009 garnishment order and a refund to a couple that paid $50 a week in deficiency payments after losing their home to foreclosure.
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Appeals court rules for teachers on pay issues

November 13, 2015
Dave Stafford
Jay Classroom Teachers Association prevailed Friday in an appeal contesting terms of a teachers’ contract adopted as the last best offer from Jay School Corporation.
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Lack of evidence leads COA to reverse probation violation

November 13, 2015
Dave Stafford
A Franklin County man who was ordered to spend five months in the Department of Correction after an alleged probation violation won a reversal of the trial court order Friday for lack of evidence.
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COA leaves arbitrator’s award in place

November 12, 2015
Jennifer Nelson
The Indiana Court of Appeals on Thursday declined Madison County’s request that it correct or vacate an arbitrator’s award in favor of two county highway department employees. The appeals court concluded the county circumvented the collective bargaining agreement when it discharged the two employees.
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4 vie for Judicial Nominating Commission position

November 11, 2015
Dave Stafford
Lawyers mostly in southern Indiana are selecting one of their peers to have a say in who will be the next justice appointed to the Indiana Supreme Court.
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New York conviction doesn’t support Indiana charges

November 10, 2015
Jennifer Nelson
A man’s 2014 conviction of operating a vehicle while impaired in New York cannot serve as the basis to bring enhanced drunken-driving charges against him because the New York statute is not substantially similar to the elements of a crime described in Indiana Code, the Indiana Court of Appeals held Tuesday.
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Court: Girl should be with mother, not great aunt

November 10, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the award of custody of a young girl to her great aunt, finding the woman did not overcome the presumption in favor of placement with the girl’s biological mother.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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