Judge Elaine B. Brown

COA: No preliminary injunction against casinos

May 14, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges agreed a city isn't entitled to a preliminary injunction to order riverboat casinos to make payments to the city, but the judges disagreed as to why the city didn't meet its burden to prove an injunction was necessary.
More

Jury instruction requires new damages trial

May 12, 2009
Jennifer Nelson
A jury instruction the Indiana Court of Appeals found to incorrectly state the law required the court to remand for a new trial on damages in a negligence suit.
More

COA rules on first impression lemon-law issue

May 5, 2009
Jennifer Nelson
The Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes the problem.
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First impression in 'non-suspension' rule case

March 31, 2009
Jennifer Nelson
The Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.
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COA: Switchblade ban not unconstitutional

March 24, 2009
Jennifer NelsonMore

Judges disagree on if remand is necessary

February 11, 2009
Jennifer Mehalik
The Indiana Court of Appeals reversed and remanded a trial court's grant of an ex-wife's petition for additional relief for funds, finding the trial court didn't hear evidence on certain "critical" factors. The judges on appeal didn't agree as to whether the case should be remanded.
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COA clarifies unemployment benefits issue

January 29, 2009
Jennifer Nelson
The Indiana Court of Appeals used a case before it as an opportunity to clarify how an employee's eligibility for unemployment benefits should be determined when the employee is discharged for attendance issues.
More

COA: Wife is liable for mortgages

January 27, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure; however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
More

COA adopts 'compromise approach' of theory

January 20, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's conviction of child molesting, ruling he failed to prove the trial court erred by excluding certain evidence regarding his victim.
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Court erred in dismissing claim with prejudice

December 30, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding the court misinterpreted a previous appellate ruling to support the dismissal.
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Judges disagree on trust jurisdiction issue

December 11, 2008
Jennifer Nelson
In a matter of first impression, Indiana Court of Appeals judges disagreed whether an Indiana probate court had subject matter and personal jurisdiction over a trust based in Virginia.
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Judges disagree on public intox conviction

December 5, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a woman's conviction of public intoxication, but the judge dissenting in the case believed the majority reweighed the credibility of the witnesses and their testimony to reach their decision.
More

COA voids Terre Haute's 2007 mayoral election

November 13, 2008
Michael Hoskins
The man elected Terre Haute's mayor was ineligible because of federal law to become a candidate or assume office, the Indiana Court of Appeals ruled today on an issue of first impression. As a result, a special election is needed to fill the vacancy.
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No partial parental right termination allowed

October 31, 2008
Michael Hoskins
Indiana law doesn't allow for partial termination of parental rights, the state's Court of Appeals has ruled in a case of first impression.
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Judges split on sentence reduction

September 23, 2008
Jennifer Nelson
An Indiana Court of Appeals panel was split in determining how much weight to give to a defendant's mental illness in evaluating her sentence.
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  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

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  5. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

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