Indiana appellate judges
Judges: DNA admittance was harmless error
December 17, 2010
Jennifer NelsonThe Indiana Court of Appeals addressed for the first time today the admissibility of DNA evidence when a defendant can’t
be excluded from a possibly infinite number of people matching the crime-scene DNA.
MorePCR 2 not available for probation revocation orders
December 17, 2010
Jennifer NelsonPost-Conviction Rule 2 is not available for belated appeals of probation revocation orders, the Indiana Court of Appeals concluded.
MoreJudges split on approving high-cost retraining tuition
December 16, 2010
Jennifer NelsonA panel of judges on the Indiana Court of Appeals couldn’t agree on whether a laid-off man’s request for training
at an expensive college should be approved.
MoreJudge Mathias recognized for civics education
December 15, 2010
IL StaffIndiana Court of Appeals Judge Paul D. Mathias received the Indiana Bar Foundation’s William G. Baker Award Dec. 12
for his work with civics education. Judge Mathias was cited for his work with the We the People program at the state level
and in the 3rd Congressional District in Northeast Indiana.
MoreCOA rules in favor of national organization in dispute over church property
December 14, 2010
Jennifer NelsonThe Indiana Court of Appeals was faced with an issue between a Vanderburgh County church and its former national organization
involving what happens to the local church property once the local church defected to another Presbyterian organization.
MoreJudges split on construction manager's duty to injured worker
December 14, 2010
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally
alter contracts” dealing with safety on jobsites.
MoreJudge Fisher’s retirement ceremony Friday
December 14, 2010
IL StaffA retirement ceremony for Indiana’s first Tax Court judge will happen Friday at the Indiana Statehouse.
MoreCOA divided on dismissal of OWI charges
December 9, 2010
Jennifer NelsonThe Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed
because the charging information didn’t let the man know what vehicle he needed to defend against operating.
MoreAppellate court to hear arguments in Fishers
December 9, 2010
IL StaffThe Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments
in an interlocutory appeal involving the denial of a motion to suppress.
MoreCourt splits on duty owed by independent contractor
December 6, 2010
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an
“impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was
injured.
MoreSocial-services recipients entitled to injunctive relief
December 3, 2010
Jennifer NelsonThe Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t
name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana
Court of Appeals ruled Friday.
MoreCOA: Man’s intoxication doesn’t prevent recovery
December 3, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed summary judgment in favor of a bar because the trial court was incorrect in ruling that
an injured man’s voluntary intoxication precluded any recovery under the Dram Shop Act.
MoreCourt orders attorney’s fees following bad faith appeal
December 2, 2010
Jennifer NelsonThe Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third
amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to
the estate.
MoreJudges: Officers lacked reasonable suspicion to stop and detain man
December 1, 2010
Jennifer NelsonBecause a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court
of Appeals reversed his drug conviction today.
MoreRule inapplicable as witness’s credibility not attacked
December 1, 2010
Jennifer NelsonThe Indiana Court of Appeals found a trial court didn’t err by not letting a defendant introduce evidence of his brother’s
prior robbery because the defendant wasn’t attacking the brother’s credibility.
MoreJudges reverse support modification for lack of jurisdiction
November 22, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a lower court’s ruling that Illinois proceedings on child support were null because
jurisdiction was never properly transferred, noting it found an ex parte proceeding that excluded the mother “extremely
troubling.”
MoreAppellate court affirms judgment in coverage dispute
November 22, 2010
Jennifer NelsonIndiana Evidence Rule 407 may bar evidence of subsequent insurance policy revisions offered to resolve ambiguity in an executed
insurance contract, the Indiana Court of Appeals held today.
MoreCOA: Summary judgment wrong in foreclosure suit
November 19, 2010
Jennifer NelsonA mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised
as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals
ruled today for the first time.
MoreJudges uphold OWI conviction
November 19, 2010
Jennifer NelsonThe Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s
actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were
impaired in order to get a conviction of operating a vehicle while intoxicated.
MoreAppellate court finds garage insurance policy doesn’t cover injuries
November 18, 2010
Jennifer NelsonFor only the second time, the Indiana Court of Appeals has addressed the language in a garage insurance policy, and upheld
partial summary judgment in favor of the insurer.
MoreJudges remand securities fraud case on statute-of-limitation issue
November 16, 2010
Jennifer NelsonThe Indiana Court of Appeals has ordered a trial court to reconsider whether it should discharge certain charges of securities
fraud because the charges fall outside the statute of limitation.
MoreDismissal of delinquency petition doesn’t endanger public
November 16, 2010
Jennifer NelsonA juvenile court didn’t err in dismissing a delinquency petition against a teen who was found to be incompetent to stand
trial, the Indiana Court of Appeals ruled today. The judges also found dismissing the petition did not unduly endanger the
public.
MoreCOA: State could charge man for leaving scene of fatal accident
November 10, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding
the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man
who had already been convicted of causing the victim’s death.
MoreCourt divided on invasion of privacy charge
November 8, 2010
Jennifer NelsonThe Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been
convicted of invasion of privacy when she spoke to the protected party during a court hearing.
MoreTicket can't constitute 'testimonial hearsay'
November 8, 2010
Jennifer NelsonBecause a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial
hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights
weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
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Indianapolis law firm Stewart & Irwin closing
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SCOTUS rules against Indiana farmer in seed patent case
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More than half of Conour’s inventoried assets gone, feds say
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Social media sleuths find evidence, but admissibility requires authentication
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Mediation space key to resolution, even if it’s a getaway divorce
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!