Indiana appellate judges

Darden retires, announces McKinney scholarship

July 25, 2012
Dave Stafford
Court of Appeals Judge Carr L. Darden will establish a scholarship in the name of himself and his wife of 57 years at his alma mater, the Indiana University McKinney School of Law in Indianapolis. The judge and other officials announced the scholarship Wednesday during his Statehouse retirement ceremony.
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Darden retirement ceremony July 25

July 20, 2012
IL Staff
The Indiana Court of Appeals will celebrate Judge Carr Darden’s 18 years of service at a retirement ceremony July 25. Darden is leaving the court because will turn 75 Saturday, the age of mandatory retirement. He will continue to serve as a senior judge.
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Appeals court finalists list formally sent to Daniels

June 11, 2012
IL Staff
The names of three finalists for a judgeship on the Indiana Court of Appeals have been sent to Indiana Gov. Mitch Daniels for his review and selection.
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Marion County small claims under review

March 14, 2012
Michael Hoskins
A two-judge task force looking into the operation of Marion County’s small claims courts has listened to complaints from the public about inconvenience and confusion with the current system and will consider if any changes are needed.
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Small Claims task force meetings begin Wednesday

February 20, 2012
IL Staff
The newly created task force formed by the Indiana Supreme Court to look into the practices and procedures used in Marion County Small Claims courts will hold its first of three hearings Wednesday.
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Judges rule on issues stemming from cemetery case

September 26, 2011
Jennifer Nelson
The Indiana Court of Appeals ruled on matters involving alleged looting of cemetery funds in two cases Monday, upholding the denial of class certification in one case and adopting a “plain legal prejudice” standard in the other case.
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COA: woman not denied right to confrontation

September 26, 2011
Jennifer Nelson
In a woman’s appeal of her prostitution conviction, the Indiana Court of Appeals addressed the right to confront witnesses and its interrelationship with hearsay evidence.
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Elements of crimes did not occur in Indiana

September 22, 2011
Jennifer Nelson
The Indiana Court of Appeals ordered that charges be dropped against a pair living in Houston who faced counterfeiting and theft charges, finding the trial court lacked territorial jurisdiction.
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Man's conviction hinges on 'induce' definition

September 20, 2011
Jennifer Nelson
The Indiana Court of Appeals had to determine how to interpret the term “induce” related to a man’s contributing to the delinquency of a minor case and upheld his conviction based on the term’s dictionary definition.
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Judges: State-law claims can proceed

September 8, 2011
Jennifer Nelson
The Indiana Court of Appeals has allowed a woman’s state claim against a sheriff following the suicide of her son in jail to go forward even though she previously had accepted an offer of judgment in District Court on a federal claim.
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Summary judgment inappropriate in slip-and-fall case

September 7, 2011
Jennifer Nelson
The Indiana Court of Appeals stopped short Wednesday of saying in a negligence suit involving a slip and fall that under any circumstance a home detention officer visiting a detainee at his place of employment is a business visitor.
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Judges uphold contempt order against attorney

September 6, 2011
Jennifer Nelson
A Morgan Circuit judge had jurisdiction to order a Unionville attorney to pay $75,000 to the county clerk after finding the attorney in contempt, the Indiana Court of Appeals ruled Tuesday.
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COA: Aunt and uncle have no standing for visitation petition

August 29, 2011
Jennifer Nelson
Indiana statutes and caselaw do not allow for aunts or uncles of a child to petition for visitation, the Indiana Court of Appeals held Monday.
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Defense attorneys lose appeal for compensation

August 29, 2011
Michael Hoskins
Two private defense lawyers in Marion County failed to convince the Indiana Court of Appeals that they should be retroactively appointed by the Marion County Public Defender Agency and compensated for their legal work on a case that has an intricate maze of attorney representation over the course of five years.
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COA: Insurance policy covers deputy killed while directing traffic

August 25, 2011
Jennifer Nelson
The Monroe County Sheriff’s deputy that was killed while directing traffic was using her car at the time of the accident and was entitled to coverage under the county’s policy under the uninsured/underinsured motorist endorsement, the Indiana Court of Appeals affirmed.
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Judge: Names in workforce development cases should remain confidential

August 25, 2011
Jennifer Nelson
There appears to be discord among the judges on the Indiana Court of Appeals as to whether party names should be confidential in workforce development cases.
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Man not prejudiced by counsel's deficient performance

August 23, 2011
Jennifer Nelson
The Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to the defendant was really his, the man couldn’t show he was prejudiced.
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Judges reverse teen’s adjudication for school absences, tardies

August 17, 2011
Jennifer Nelson
The state didn’t show that a teenager was in need of care, treatment, or rehabilitation regarding school attendance, so his adjudication as a delinquent child for missing school should be reversed, ruled the Indiana Court of Appeals.
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Court could find juvenile must register as sex offender

August 15, 2011
Jennifer Nelson
A Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years, the Indiana Court of Appeals held Monday.
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Judges won’t revisit associational standing issue on same case

August 9, 2011
Michael Hoskins
Finding it had already ruled on an associational standing question six years ago in the same case, the Indiana Court of Appeals has denied an electric utility's attempt to re-litigate that issue based on the law-of-the-case doctrine.
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COA: Suit against sewer district isn’t a public lawsuit

August 9, 2011
Jennifer Nelson
The Spencer Circuit Court erred in finding a lawsuit filed by property owners challenging the requirement they connect to a new sewer system is a public lawsuit and the property owners must pay $9 million in bond to proceed with the suit, the Indiana Court of Appeals ruled Tuesday.
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Court rules on duty of care for healthy trees in residential areas

August 9, 2011
Michael Hoskins
The Indiana Court of Appeals has reiterated its stance that urban or residential area landowners have a duty to take reasonable precautions regarding their own trees, healthy or otherwise, and make sure they don’t harm a neighbor’s property based on the size and where they are planted.
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COA applies sports injury conduct rule

August 4, 2011
Michael Hoskins
Less than three months after the Indiana Supreme Court issued a decision about sports injury cases, the state’s intermediate appellate court is now applying the new rule regarding how liability should be determined.
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Judges order hearing on unemployment benefits

August 4, 2011
Jennifer Nelson
A man, whose request for a continuance in a hearing regarding his unemployment benefits was denied by an administrative law judge, is entitled to a hearing on the matter, the Indiana Court of Appeals ruled Thursday.
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Former appellate court judge dies

July 21, 2011
Jenny Montgomery
The Hon. Robert H. Staton, who was an Indiana appeals court judge for nearly 30 years, died July 18. He was 86.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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