Indiana appellate judges
COA rules on unjust enrichment issue for first time
April 29, 2011
Jennifer NelsonFor the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and
decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent
with the contract.
MoreFirst impression issue on 'in loco parentis' doctrine
April 29, 2011
Jennifer NelsonUntil Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context
of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit
against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
MoreJudges split on stalking conviction
April 29, 2011
Jennifer NelsonThe Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on
their interpretations of the term “repeated” in Indiana’s anti-stalking laws.
MoreAppellate court to visit Wabash for arguments
April 28, 2011
IL StaffThe Indiana Court of Appeals travels to Wabash Friday to hear arguments in an insurance case.
MoreCOA splits on need for evidentiary hearing in revocation
April 27, 2011
Jennifer NelsonThe Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions
to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.
MoreSocial Security income shouldn't be considered in restitution orders
April 21, 2011
Jennifer NelsonDealing with an issue of first impression, the Indiana Court of Appeals has ruled that Social Security income must be excluded
when considering a defendant’s ability to pay restitution.
MoreKissing a sleeping victim doesn't constitute sexual battery
April 20, 2011
Jennifer NelsonA victim being asleep isn’t equivalent to a mental disability or deficiency for purposes of the sexual battery statute,
the Indiana Court of Appeals held Wednesday.
MoreJudge argues state must prove actual endangerment
April 18, 2011
Jennifer NelsonThe Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with
Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the
possibility of it.
MoreCourt splits on standard used to modify custody
April 14, 2011
Jennifer NelsonEven though the trial court departed from established statutory procedures by using the “best interests” standard
to modify physical custody, the majority of Indiana Court of Appeals judges affirmed the lower court’s decision.
MoreCOA: Attorney entitled to lien on former client's file
April 13, 2011
Jennifer NelsonAn attorney doesn’t have to produce documentation of the amount of money a former client owes in order to have a valid
retaining lien, ruled the Indiana Court of Appeals.
MoreJudges affirm retroactive application of amendments to blood draw statute
April 13, 2011
Jennifer NelsonApplying 2010 statutory amendments governing chemical tests for evidence of intoxication to a case of a man charged in 2009
with driving while intoxicated didn’t violate the prohibitions against ex post facto criminal sanctions, the Indiana
Court of Appeals held Wednesday.
MoreJudges disagree on whether landowners are 'aggrieved'
April 12, 2011
Michael HoskinsJurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party
is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
MoreState responsible for costs in relocating Medicaid patients
April 11, 2011
Jennifer NelsonIndiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid
in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana
Court of Appeals ruled Monday.
MoreJudges divided on calculation of damages after negligence
April 7, 2011
Jennifer NelsonThe Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana
Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because
the deceased man had at least a 50 percent chance of survival before the medical negligence.
MoreJudges affirm denial of post-conviction relief
April 6, 2011
Jennifer NelsonThe Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance
of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and
the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana
Evidence Rule.
MoreCOA reverses judgment in title insurance issue
April 4, 2011
Jennifer NelsonThe Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s
highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.
MoreAppellate court affirms arbitration on claims against college
March 29, 2011
Michael HoskinsWith one judge frustrated that Indiana residents and students may have been “hornswoggled” by a college’s
advertisements about being accredited, the Indiana Court of Appeals has upheld an order compelling arbitration on a claim
that three students were fraudulently induced to enroll because of misrepresentation about that accreditation.
MoreCOA: Township not required to pay for private school shuttle
March 28, 2011
Jennifer NelsonA school township in Marion County isn’t legally required to transport nonpublic school students to their private schools,
the Indiana Court of Appeals affirmed.
MoreJudges split on child support modification
March 25, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism
over fairness and legalism over common sense.”
MoreCOA: State didn't meet burden for probation revocation
March 23, 2011
Jennifer NelsonThe Indiana Court of Appeals has held – with a few exceptions – that a trial court may revoke probation for not
satisfying a financial obligation only if the state proves by a preponderance of the evidence there is less than full payment
and the probationer submitted that smaller payment recklessly, knowingly, or intentionally.
MoreAppeal questions 'enrollment,' self-supporting standards for emancipation
March 18, 2011
Michael HoskinsIn tackling a child support case involving a teenager’s emancipation, Indiana Court of Appeals judges disagree on what
state statute defines as “enrolled” in college. One judge believes the majority wrongly reweighed evidence in
this case to come to its decision.
MoreJudges split on whether 2 insurers must pay for damage
March 15, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible
for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of
the responsible party’s insurers had to pay for the property damage.
MoreAppeals court to hear arguments at Indy high school
March 14, 2011
IL StaffThe Indiana Court of Appeals will visit Pike High School in Indianapolis this week to hear arguments in a case in which a
man appeals his drug dealing conviction.
MoreTrial court should decide educational credit time
March 11, 2011
Jennifer NelsonA trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing
is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
MoreJudges visit Jeffersonville for arguments
March 7, 2011
IL StaffThe Indiana Court of Appeals travels to southern Indiana Wednesday to hear arguments in a case involving credit time.
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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.