Indiana Court of Appeals

COA cites double jeopardy clause in reversal of conviction

March 25, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that a truck driver who caused an accident that killed a highway worker should not have been convicted of two Class C felonies, citing double jeopardy standards.
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Judges split on child support modification

March 25, 2011
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism over fairness and legalism over common sense.”
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COA denies Miranda rights appeal in drunken driving case

March 24, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court’s decision that a man arrested for drunken driving was not entitled to counsel or a Miranda warning when police asked for his consent to a blood draw because he was not being interrogated at the time.
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Court of Appeals to hear arguments in Valparaiso

March 24, 2011
IL Staff
The Indiana Court of Appeals travels to Valparaiso University Monday to hear oral arguments in a criminal case.
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COA: State didn't meet burden for probation revocation

March 23, 2011
Jennifer Nelson
The 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.
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COA upholds convictions of man who planned to kill attorney, judge, ex-wife

March 22, 2011
Jenny Montgomery
The Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney, and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the conviction.
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Judges reverse dismissal of workers' compensation claim

March 21, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a workers’ compensation claim, finding the worker’s deposition testimony didn’t support the Indiana Worker’s Compensation Board’s finding that he admitted his condition stemmed from a single incident.
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COA to hear arguments in LaPorte

March 21, 2011
IL Staff
The Indiana Court of Appeals travels to LaPorte High School Tuesday to hear arguments in an insurance case.
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Justices accept post-conviction relief case

March 21, 2011
Jennifer Nelson
The Indiana Supreme Court will decide whether a man convicted of murder and rape was denied effective assistance of appellate counsel.
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Appeal questions 'enrollment,' self-supporting standards for emancipation

March 18, 2011
Michael Hoskins
In 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.
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Former auditor wins appeal on attorney fee issue

March 18, 2011
Michael Hoskins
The Indiana Supreme Court decided a case seven years ago but left for another day the answer to a question about governmental attorney fees, and now that specific issue has found its way to an appeal before the state’s second-highest appellate court.
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Court of Appeals to hear arguments at ISU

March 18, 2011
IL Staff
The Indiana Court of Appeals of Indiana will hear oral arguments on an appeal regarding a defendant’s conviction of Class D felony sexual battery March 24 at 11 a.m. at Indiana State University’s Hulman Memorial Student Union.
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Court rules on early retirement benefits case

March 17, 2011
Michael Hoskins
Employees who accept early retirement even in the worst economic times aren’t entitled to continued unemployment assistance, the Indiana Court of Appeals ruled today.
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Judges split on whether 2 insurers must pay for damage

March 15, 2011
Jennifer Nelson
An 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.
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High court takes 4 cases

March 15, 2011
IL Staff
The Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert exemptions in garnishment actions on behalf of pro se debtors.
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Judges affirm insurer has no duty to defend

March 14, 2011
Jennifer Nelson
The Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.
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Appeals court to hear arguments at Indy high school

March 14, 2011
IL Staff
The 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.
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Trial court should decide educational credit time

March 11, 2011
Jennifer Nelson
A 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.
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COA: Admission of prior convictions fundamental error

March 9, 2011
Jennifer Nelson
The Indiana Court of Appeals ordered a new trial for a sex offender convicted of failing to register while having a prior conviction. The court ruled the evidence regarding his prior convictions for failing to register shouldn’t have been admitted at trial.
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COA reverses marijuana conviction based on intent

March 8, 2011
Rebecca Berfanger
The majority of an Indiana Court of Appeals panel today reversed a conviction of marijuana possession after the defendant contended there was insufficient evidence that she constructively possessed the drug.
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Judges visit Jeffersonville for arguments

March 7, 2011
IL Staff
The Indiana Court of Appeals travels to southern Indiana Wednesday to hear arguments in a case involving credit time.
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Judges uphold IATC’s issuance of alcohol dealer permits

March 3, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner it has for the last 30 years.
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Porter County can't leave RDA

March 2, 2011
Jennifer Nelson
A northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate economic development, the Indiana Court of Appeals held Wednesday.
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Competitor lacks standing for judicial review

March 2, 2011
Jennifer Nelson
A trial court was correct in dismissing the petition for judicial review from a liquor wholesaler who challenged the issuance of a wine and liquor permit to a competitor because the wholesaler lacked standing, ruled the Indiana Court of Appeals.
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Change sought for 3rd murder trial

March 2, 2011
Michael Hoskins
Defense attorneys for former Indiana State Police trooper David Camm have asked the state’s intermediate appellate court to accept an interlocutory appeal and decide whether a special judge should have appointed a new prosecutor to preside over the man’s third trial.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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