Judge Edward W. Najam Jr.
COA addresses inverse condemnation issues
August 20, 2010
Elizabeth BrockettInverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding
fraudulent concealment and the statute of limitations.
MoreAdmittance of psychologist's testimony requires new trial
August 13, 2010
Jennifer NelsonThe Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court
shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.
MoreFelony can't be modified to misdemeanor 9 years later
August 6, 2010
Rebecca BerfangerIn a case of first impression, the Court of Appeals reversed and remanded with instructions a trial court’s modification
of a criminal sentence from a Class D felony to a Class A misdemeanor nine years after the appellee-defendant pleaded guilty
to operating a vehicle while intoxicated.
MoreCourt: Man properly executed will, not under undue influence
August 6, 2010
Elizabeth BrockettThe Indiana Court of Appeals today affirmed a jury’s decision that upheld a will after the decedent’s children
questioned whether the will was executed properly and whether the trial court erred in rejecting a jury instruction regarding
undue influence.
MoreJudges disagree on whether grandfather can adopt
July 21, 2010
Jennifer NelsonJudges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but
allow the mother to retain her parental rights under Indiana law.
MoreTitle company didn't have authority to close real estate deal
July 14, 2010
Jennifer NelsonFor the first time, the Indiana Court of Appeals has decided that a title insurance agent is not also an agent of the title
insurance company with respect to escrow and closing services.
MoreCOA balances free speech vs. minor's privacy rights
June 29, 2010
Jennifer NelsonThe Indiana Court of Appeals was faced with competing constitutional rights today: a mother’s right to free political
speech versus her daughter’s right to privacy as to whether her father allegedly sexually abused her.
MoreCourt: juveniles can be placed on sex offender registry
June 14, 2010
Michael HoskinsThe Indiana Court of Appeals says a ruling by the state justices last year can’t be used to stop juvenile courts from
ordering juveniles to register as sex offenders.
MoreCOA: inequity in grandparent visitation act
February 25, 2010
Jennifer NelsonThe Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships
between the parties in an adoption petition.
MoreCity violated constitution in denying refunds
December 18, 2009
Jennifer NelsonThe city of Indianapolis' refusal to grant some homeowners' requests for a partial refund of Barrett Law assessments
violated the Equal Protection Clause, the Indiana Court of Appeals ruled today.
MoreCOA: Business is a nuisance to homeowners
August 26, 2009
Jennifer NelsonDespite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that
deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.
MoreJudges differ on pretrial credit award
June 12, 2009
Jennifer NelsonEach judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant,
who pleaded guilty to one charge - other charges were dismissed - is entitled to, or if he is entitled to any time at all.
MoreCOA affirms judgment in property-tax dispute
June 5, 2009
Jennifer NelsonThe Indiana Court of Appeals released an opinion today dealing with a topic that gives many homeowners headaches - property
taxes.
MoreJudges split in termination ruling
March 20, 2009
Jennifer NelsonIn an opinion involving whether a worker was fired for just cause after multiple excused absences, the majority acknowledged
the split in the Indiana Court of Appeals regarding the reasonableness of "no-fault" attendance policies.
MoreCounty, court don't have to give back pay
February 17, 2009
Jennifer NelsonA former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief,
the Indiana Court of Appeals ruled today.
MoreParties can't pick certain provisions to enforce
December 29, 2008
Jennifer NelsonThe Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce
rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.
MoreJudges differ on insurance coverage
December 18, 2008
Jennifer NelsonA panel of Indiana Court of Appeals judges disagreed about whether a school bus driver who also worked as an independent farmer
over the summer should be covered by the school corporation's insurance following a car accident while hauling grain.
MoreMan can't challenge motion after guilty plea
December 8, 2008
Jennifer NelsonA defendant who pleaded guilty to a drug charge can no longer challenge the trial court denial of his pretrial motion to suppress,
affirmed the Indiana Court of Appeals today.
MoreCOA: Keep early-voting sites open
November 3, 2008
Jennifer NelsonThe Indiana Court of Appeals upheld a special judge's ruling to keep early-voting sites open in Lake County, holding that
even if election law was violated in establishing the sites, public interest in having the sites would keep them open.
MoreEvidence failed to support ending parental rights
September 29, 2008
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court's ruling to involuntarily terminate a mother's parental rights
to her young twins, finding the court issued deficient termination orders and lacked clear and convincing evidence to terminate
the parental rights.
MoreCOA: Gun test-firing not an unlawful search
September 19, 2008
Michael HoskinsRoutine test-firing of handguns that police have in their custody isn't a violation of a person's Fourth Amendment
rights, the Indiana Court of Appeals ruled today.
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Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.