Indiana Court of Appeals

Judges affirm judgment for real estate agent on negligence claim

February 4, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed that a real estate agent representing buyers did not breach the duty he had to the sellers when he communicated with them personally about accepting his clients’ offer.
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Justices' split reinstates COA annexation ruling

February 2, 2011
Michael Hoskins
A split decision by the Indiana Supreme Court on an annexation battle between Greenwood and Bargersville means a lower appellate panel’s decision is reinstated and the city takes a win in the 29-month legal battle that has statewide implications.
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Many courts shut down due to weather

February 2, 2011
IL Staff
Several courts around the state are closed today after heavy snow and ice hit Indiana this week. The weather has even caused the Indiana General Assembly to postpone hearings for a second day.
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Appeals court warns parties against no-response strategy

January 31, 2011
Michael Hoskins
A Marion Superior judge didn’t err in holding a big tax resolution company in contempt for failing to appear by closing six of its state offices and then issuing a default judgment against the firm, the Indiana Court of Appeals has ruled.
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COA: Man has exhausted compensation benefits

January 31, 2011
Jennifer Nelson
An Indiana statute is ambiguous as to whether a person who has exhausted his actual worker’s compensation benefits prior to 500 weeks is eligible to receive benefits from the Second Injury Fund starting on the date of the exhaustion of the actual benefits, the Indiana Court of Appeals concluded today.
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Oral argument rescheduled

January 31, 2011
IL Staff
The Indiana Court of Appeals has rescheduled the oral argument set for Tuesday, Feb. 1, in Indianapolis.
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Justices accept parental-rights termination case

January 31, 2011
Jennifer Nelson
The Indiana Supreme Court has taken a Marion County case involving the termination of a mother’s parental rights in which the Indiana Court of Appeals took issue with several details in the case.
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Appeals court rules on Ohio River phone-stalking case

January 28, 2011
Michael Hoskins
The 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.
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Majority upholds dismissal of unemployment benefits appeal

January 26, 2011
Jennifer Nelson
The 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.
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Federal act preempts state law claims

January 25, 2011
Jennifer Nelson

The 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.

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Court's community-service policy is unenforceable

January 25, 2011
Jennifer Nelson
The 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.
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COA: Man needed to submit claim under Wage Claims Statute

January 21, 2011
Jennifer Nelson
An employee’s status at the time he or she files the claim is the relevant inquiry in determining whether he or she proceeds under the Wage Payment Statute or the Wage Claims Statute, ruled the Indiana Court of Appeals.
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AG swears in new victims’ advocate

January 21, 2011
Rebecca Berfanger
The new director of victim advocacy programs for the Indiana Attorney General’s Office was sworn in at 11 a.m. today in the Indiana University School of Law – Indianapolis Wynne Courtroom.
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Judges uphold OWI conviction

January 21, 2011
Jennifer Nelson
Even 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.
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Child support changes targeting the rich?

January 19, 2011
Michael Hoskins
A case before the Indiana Court of Appeals calls into question the constitutionality of the state’s new child support guidelines, challenging the revisions that last year altered the payment scheme for high-income earners and raised the ceiling on child support obligations.
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Comments welcomed for many court rule amendments

January 18, 2011
Michael Hoskins
A multitude of Indiana court rules are being examined for potential revision, and the legal community has a chance to offer comment about how those changes are made.
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SCOTUS refuses to accept two Indiana cases

January 18, 2011
Michael Hoskins
The nation’s highest court has refused to take two Indiana cases, including the high-profile abuse and neglect case of 3-year-old TaJanay Bailey that revealed fatal flaws in the state’s child welfare system.
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Judges reverse dismissal of application to adjust claim

January 14, 2011
Jennifer Nelson
The 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.
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COA panel divided on trial court involvement with subpoena

January 12, 2011
Jennifer Nelson
The 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.
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Justices set man's execution date

January 12, 2011
IL Staff
The Indiana Supreme Court has ordered the man convicted of killing his wife, her ex-husband, and her son be put to death in April.
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Court upholds convictions, sentence of a man who shot Indy officer

January 12, 2011
Jennifer Nelson
The 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.
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Judges find enhancement doesn't violate double jeopardy principles

January 11, 2011
Jennifer Nelson
The 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.
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SCOTUS declines to consider Indiana case

January 10, 2011
Michael Hoskins
The nation’s highest court has refused to consider an Indiana case involving whether a defendant’s no contest plea to an out-of-state murder can be used to qualify him as a serious violent felon on a conviction here.
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Judges reverse man's removal from sex offender list

January 10, 2011
Jennifer Nelson
A trial court erred in ordering a man’s name removed from the state’s sex offender registry because the court didn’t provide notice to the appropriate parties or hold a hearing before doing so, ruled the Indiana Court of Appeals.
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COA finds inmate's post-conviction relief process 'confusing'

January 10, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a pro se inmate’s petition for permission to file a belated appeal after his post-conviction relief petition was denied, finding the chronological cases summary to contain inconsistencies. The judges also noted that this particular court has a “documented history” of not organizing and keeping abreast of its post-conviction relief files.
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  1. 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 .....

  2. 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.

  3. 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

  4. 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

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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