Indiana Court of Appeals

Judges discuss fundamental error, ineffective trial counsel assistance

April 14, 2011
Jennifer Nelson
Fundamental error and prejudice for ineffective assistance of trial counsel present two substantively different questions, the Indiana Court of Appeals concluded Thursday in a post-conviction case.
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COA: Attorney entitled to lien on former client's file

April 13, 2011
Jennifer Nelson
An 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.
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Judges affirm retroactive application of amendments to blood draw statute

April 13, 2011
Jennifer Nelson
Applying 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.
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Judges to hear sex-offender registration appeal in Franklin

April 13, 2011
IL Staff
A panel of judges from the Indiana Court of Appeals travels to Franklin Friday to hear arguments in the interlocutory appeal of a man who’s charged with not registering as a sex offender.
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Judges disagree on whether landowners are 'aggrieved'

April 12, 2011
Michael Hoskins
Jurists 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.
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Court addresses forgery statute on electronic credit card purchases

April 12, 2011
Michael Hoskins
Using someone else’s credit card and electronically signing that person’s name is considered “uttering” a written instrument under Indiana’s forgery statute, the state’s appellate court has ruled.
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State responsible for costs in relocating Medicaid patients

April 11, 2011
Jennifer Nelson
Indiana 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.
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COA: personal injury action should be allowed to proceed

April 8, 2011
Jennifer Nelson
The Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.
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Judges divided on calculation of damages after negligence

April 7, 2011
Jennifer Nelson
The 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.
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Judges affirm denial of post-conviction relief

April 6, 2011
Jennifer Nelson
The 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.
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State won't immediately appeal IBM 'deliberative processes' ruling

April 6, 2011
Michael Hoskins
At least for now, the Indiana Court of Appeals isn’t being asked to consider a Marion County judge’s decision that held a “deliberative process” privilege exists in Indiana.
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COA reverses judgment in title insurance issue

April 4, 2011
Jennifer Nelson
The 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.
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COA to hear appeal at University of Southern Indiana

April 1, 2011
IL Staff
The Indiana Court of Appeals will be in Evansville April 4 to hear an appeal regarding methamphetamine convictions.
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Judges: defendant should be able to confront witness

March 31, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.
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Court: DNR case can proceed despite 11-year delay

March 31, 2011
Michael Hoskins
The Indiana Court of Appeals has looked past a trial rule calling for diligent prosecution of claims, finding that a state Department of Natural Resources land ownership dispute can proceed despite an 11-year delay in prosecuting because it’s of great public importance and should be decided on the merits.
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Court: 'ingress' and 'egress' doesn't include parking

March 30, 2011
Michael Hoskins
The Indiana Court of Appeals has reversed a trial judge on a land use dispute between two sets of neighbors, finding that the clear meanings of “ingress" and "egress” do not include parking as two of the Porter County residents had argued based on past caselaw.
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COA to hear appeal in stalking case at IU-South Bend

March 30, 2011
IL Staff
The Indiana Court of Appeals will hear oral arguments Thursday at Indiana University – South Bend.
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COA accepts appeal on Camm prosecutor

March 30, 2011
Michael Hoskins
The Indiana Court of Appeals has accepted an interlocutory appeal addressing whether a southern Indiana prosecutor should be able to stay on the third triple-murder trial of former Indiana State Police trooper David Camm
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Appellate court affirms arbitration on claims against college

March 29, 2011
Michael Hoskins
With 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.
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Justices: Belated appeals rule doesn’t apply to probation revocations

March 29, 2011
Michael Hoskins
The Indiana Supreme Court has put its stamp of approval on an intermediate appellate panel’s ruling last year, finding that the state’s existing Post-Conviction Rule 2 that allows for belated appeals on certain criminal cases doesn’t apply to probation revocations.
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COA: Township not required to pay for private school shuttle

March 28, 2011
Jennifer Nelson
A school township in Marion County isn’t legally required to transport nonpublic school students to their private schools, the Indiana Court of Appeals affirmed.
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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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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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