Indiana appellate judges
Appeals court rules on Ohio River phone-stalking case
January 28, 2011
Michael HoskinsThe Indiana Court of Appeals has reaffirmed its standing that prosecutors can’t elevate a misdemeanor crime to a felony
if the defendant didn’t know the victim worked in law enforcement.
MoreMajority upholds dismissal of unemployment benefits appeal
January 26, 2011
Jennifer NelsonThe Indiana Court of Appeals split today on whether a woman’s appeal after she was denied unemployment benefits should
be reinstated. The woman claimed she missed the administrative law judge’s phone call because of confusion regarding
different time zones.
MoreFederal act preempts state law claims
January 25, 2011
Jennifer NelsonThe Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.
Court's community-service policy is unenforceable
January 25, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court’s order that an indigent small claims litigant perform community
service in lieu of paying a filing fee, holding the informal local rule requiring community service is unenforceable.
MoreJudges uphold OWI conviction
January 21, 2011
Jennifer NelsonEven though a man who was temporarily found incompetent was detained in a facility for a period longer than his sentence would
have been if he was convicted of Class A misdemeanor operating while intoxicated, the Indiana Court of Appeals upheld the
denial of his motion to dismiss the charge.
MoreNew tax court judge takes the bench
January 19, 2011
IL StaffMartha Wentworth started her new position as Indiana Tax Court judge this week.
MoreJudges reverse dismissal of application to adjust claim
January 14, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed the decision by the full Worker’s Compensation Board that a medical services provider’s
application for an adjustment of claim was barred by the two-year statute of limitations found in Indiana Code Section 22-3-3-3.
The appellate court relied on a recent decision involving a similar scenario to make its ruling.
MoreCOA panel divided on trial court involvement with subpoena
January 12, 2011
Jennifer NelsonThe Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply
with a subpoena issued by arbitrators in New York.
MoreCourt upholds convictions, sentence of a man who shot Indy officer
January 12, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed a defendant’s convictions and sentence related to the shooting of an Indianapolis
Metropolitan Police Department officer in the summer of 2008.
MoreJudges find enhancement doesn't violate double jeopardy principles
January 11, 2011
Jennifer NelsonThe Indiana Court of Appeals tackled an issue of first impression in a case involving double jeopardy principles. A defendant’s
sentence was enhanced under the Firearm Enhancement Statute following a conviction for reckless homicide.
MoreJudge Margret Robb to lead Indiana Court of Appeals
January 5, 2011
Michael HoskinsThough she’s been on the appellate bench for 12 years, Judge Margret Robb is now adding a new distinction to her judicial
title.
MoreCourt hits on 2 first impression issues about prejudgment interest
December 30, 2010
Michael HoskinsThe Indiana Court of Appeals has reversed a trial judge decision against awarding a litigant prejudgment interest in an uninsured
motorist case, examining two issues of first impression and finding that state statute warrants the litigant receive that
money even when it exceeds insurance policy limits for those types of claims.
MoreCourt clarifies, reaffirms its prior back pay ruling
December 30, 2010
Michael HoskinsThe Indiana Court of Appeals denied an Attorney General’s request to clarify a previous ruling that slashed a $42.4
million damages award, and clarified the two-month period from which state employees can recover back pay.
MoreJustices reaffirm uniform-contract interpreation approach
December 29, 2010
Michael HoskinsThe Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather
than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation
insurance coverage case.
MoreCOA offers suggestion about judicial notice rule
December 29, 2010
Michael HoskinsA paternity and child custody case has given the Indiana Court of Appeals a chance to examine a newly amended evidence rule
for the first time, while simultaneously offering guidance to trial judges about using publicly accessible information to
dispose of cases.
MoreCOA: Trial judges can't expand timetable on filing appeal notice
December 29, 2010
Michael HoskinsState trial judges do not have the power to expand the appeal filing timetable outlined by Appellate Rule 9, the Indiana Court
of Appeals cautioned today.
MoreCOA: Trust not bound by ISTA employment arbitration clause
December 28, 2010
Michael HoskinsThe Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees
for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses
outlined in their ISTA employment contracts.
MorePanel criticizes late discovery introduction
December 28, 2010
Michael HoskinsWhile recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who
don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules
still protect a person’s right to a fair trial.
MoreJustices accept one criminal case
December 28, 2010
Michael HoskinsThe Indiana Supreme Court has taken an Elkhart County appeal challenging three felony child molesting convictions and an 80-year
aggregate sentence.
MoreCourt rules on artificial insemination issues
December 27, 2010
Jennifer NelsonA divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two
children conceived by artificial insemination.
MoreJustices sharply split on insanity defense case
December 23, 2010
Michael HoskinsFaults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor
of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.
MoreNew Tax Court judge 'honored and humbled' by appointment
December 23, 2010
Michael HoskinsA longtime lawyer and tax specialist received an early Christmas gift this week, learning that she’ll be the state’s
newest Tax Court judge and the first woman to hold a seat on that bench.
MoreTax judge denies state's motion to dismiss
December 22, 2010
Jennifer NelsonThe Indiana Tax Court has denied the state’s motion to dismiss a mother and daughter’s challenge to the jeopardy
tax assessments made against them after the state found they didn’t pay taxes on their sales of puppies.
MoreJudge dissents in denial of rehearing
December 22, 2010
Jennifer NelsonIndiana Court of Appeals Judge Margret Robb has issued a lengthy dissent from her colleagues’ denial to rehear a case
involving the state’s patient compensation fund. After reviewing the case, she believed the appellate court shouldn’t
have applied Restatement (Second) of Torts Section 323.
MoreJudge donates SCOTUS items to law school
December 20, 2010
IL StaffAn Indiana Court of Appeals judge has found a new home for his extensive collection of United States Supreme Court memorabilia:
Indiana University Maurer School of Law.
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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.