Indiana Court of Appeals

Judges rule on 'contentious' child support dispute, again

January 30, 2013
Jennifer Nelson
For the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor regarding certain bonuses.
More

COA reverses former principal’s conviction for failing to immediately report student’s alleged rape

January 30, 2013
Jennifer Nelson
A split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.
More

Student kicked out of IU medical school loses on breach of contract claim

January 30, 2013
Jennifer Nelson
An Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract claim.
More

Statute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor

January 29, 2013
Marilyn Odendahl
A Hancock County man will not have his felony conviction reduced to a misdemeanor after the Indiana Court of Appeals ruled the state statute gives the courts the freedom to decide whether to grant or deny a petition.
More

COA reversal of truck forfeiture allows movie fan to drive off into the sunset

January 29, 2013
Marilyn Odendahl
In a reversal of a trial court’s ruling, the Indiana Court of Appeals held that a man who pleaded guilty to selling pirated movies should not have had his truck taken by the state because violating copyright is not the same as stealing goods
More

Judges’ ruling in email records case defers to public access counselor

January 29, 2013
Dave Stafford
A request for the email records of public officials that simply asks for emails to or from officials over a certain period of time doesn’t satisfy the Access to Public Records Act, a panel of the Indiana Court of Appeals ruled Tuesday.
More

Dropped charges in habitual offender sentence distinguish conflicting rulings

January 25, 2013
Dave Stafford
A defendant who benefited when charges against him were dropped in exchange for a guilty plea is not entitled to relief under a subsequent Supreme Court ruling weighing the same set of charges, a panel of the Court of Appeals ruled Friday. Judges also drew distinctions with a conflicting COA opinion.
More

COA rules minors must be active participants to meet statute’s definition of ‘child exploitation’

January 25, 2013
Marilyn Odendahl
A man who secretly photographed minor girls in their underwear is not guilty of child exploitation because those girls were not intentionally exhibiting themselves, a divided Indiana Court of Appeals has ruled.
More

Teen father not deprived by lack of guardian ad litem in termination judgment

January 25, 2013
Dave Stafford
A 15-year-old who fathered a child was not deprived due process because a guardian ad litem wasn’t appointed for him during proceedings in which his parental rights were terminated.
More

COA rules in favor of grandchildren in will dispute

January 24, 2013
Jennifer Nelson
The Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively receive a one-third share in the acreage.
More

Attempted child molestation conviction does not lead to credit restricted status

January 24, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses that qualify under the credit restricted felon statute.
More

Rule of lenity doesn’t apply on man’s escape conviction

January 24, 2013
Jennifer Nelson
The rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions of Class D felonies escape and attempted residential entry.
More

Man wins appeal of case against Indiana Parole Board

January 23, 2013
Jennifer Nelson
Several conditions of a man’s parole following his conviction of criminal deviate conduct involving an adult – including prohibitions on spending time with his own children – were found to be overbroad or vague by the Indiana Court of Appeals Wednesday. The judges reversed the grant of partial summary judgment in favor of the Indiana Parole Board and other defendants on David Bleeke’s complaint for declaratory and injunctive relief.
More

Judges rule on rehearing that company can hold mechanic’s lien

January 23, 2013
Jennifer Nelson
JM Woodworking petitioned the Court of Appeals for rehearing after the court decided in November 2012 that the company could not hold a mechanic’s lien against property of Fred and Mary Anna Feitler for unpaid bills on the construction of their home.
More

COA: rehearing petition another example of how DCS ‘dropped the ball’ in case

January 23, 2013
Jennifer Nelson
The Indiana Court of Appeals granted the rehearing petitions of the Department of Child Services and a family who had a child removed from their care and re-examined the family’s federal civil rights claims and claims under the Indiana Tort Claims Act. The judges also chided DCS’ counsel for submitting a new document in the petition for rehearing that was not part of the record on appeal.
More

Judges reverse denial of motion to suppress after car stopped for window tint

January 22, 2013
Jennifer Nelson
The Indiana Court of Appeals concluded on interlocutory appeal that an Indianapolis Metropolitan Police officer lacked reasonable suspicion when he stopped a man’s car due to the tint on his rear window because the evidence shows the window tint didn’t justify the stop.
More

COA orders court to determine whether driver fired for just cause

January 22, 2013
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a St. Joseph Circuit judge erred by granting summary judgment in favor of a school corporation instead of making an independent determination of whether a school bus driver was discharged for just cause.
More

Appeals court upholds dismissal of Star appeal on rehearing

January 18, 2013
Jennifer Nelson
The Indiana Court of Appeals granted The Indianapolis Star’s request for rehearing regarding the court’s decision to dismiss the newspaper’s appeal of a discovery order, but the court once again voted 2-1 to dismiss the appeal.
More

Court properly admitted gun into evidence

January 18, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld a man’s conviction of Class B felony unlawful possession of a firearm by a serious violent felon, rejecting his argument that the gun he tossed away while running from police should not have been admitted into evidence.
More

Judges uphold drug possession conviction, reverse habitual offender enhancement

January 18, 2013
Jennifer Nelson
A man who was arrested and charged with Class B felony possession of cocaine because he was within 1,000 feet of a family housing complex in Elkhart had his conviction upheld by the Indiana Court of Appeals Friday. But the judges reversed a habitual offender enhancement because the state didn’t prove that John F. Harris III had more than one dealing offense.
More

COA affirms man’s conviction of intimidating Dearborn County judge

January 17, 2013
Jennifer Nelson
A Dearborn County man who posted numerous articles online about a Superior judge who presided over his divorce alleging the judge was corrupt and a child abuser had his conviction of intimidation related to the conduct upheld by the Court of Appeals Thursday. But the judges found intimidation convictions relating to a psychologist who performed the custody evaluation and the judge’s wife could not stand.
More

Fired rabbi loses appeal

January 17, 2013
Jennifer Nelson
A Bloomington rabbi terminated less than a year into his contract with Congregation Beth Shalom lost his case before the Indiana Court of Appeals. He claimed he was fired for reporting child abuse, but the congregation said his contract was terminated for other conduct that fell under the ministerial exception.
More

COA upholds mother’s relocation to Illinois

January 17, 2013
Jennifer Nelson
A trial court’s decision to allow a mother and her two children to move to Illinois after marrying her fiancé was not an abuse of discretion by the court because the father didn’t show how the move would have a negative effect on the children.
More

INDOT can take Ohio County property for road improvements

January 16, 2013
Jennifer Nelson
The Indiana Court of Appeals found Wednesday that the Indiana Department of Transportation is entitled by law to acquire a portion of an Ohio County couple’s property to improve State Road 56.
More

Property mortgagor, managers owed no duty in case of drowned girl

January 15, 2013
A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and other defendants after the child drowned in the pool of a house that had been abandoned.
More
Page  << 81 82 83 84 85 86 87 88 89 90 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

ADVERTISEMENT