Judge L. Mark Bailey
COA: Insurance policy covers deputy killed while directing traffic
August 25, 2011
Jennifer NelsonThe Monroe County Sheriff’s deputy that was killed while directing traffic was using her car at the time of the accident
and was entitled to coverage under the county’s policy under the uninsured/underinsured motorist endorsement, the Indiana
Court of Appeals affirmed.
MorePerry County only preferred venue for wage suit
May 12, 2011
Jennifer NelsonIn an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court
of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed
by the Commissioner of Labor under the act.
MoreJudges visit Jeffersonville for arguments
March 7, 2011
IL StaffThe Indiana Court of Appeals travels to southern Indiana Wednesday to hear arguments in a case involving credit time.
MoreCOA divided on noncompete agreement, injunction
February 23, 2011
Jennifer NelsonEven though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority
of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found
the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
MoreAppeals court reverses summary judgment for pharmacist, CVS
February 10, 2011
Jennifer NelsonThe Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer
to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment
in favor of the drug store and pharmacist in a negligence suit.
MoreCourt's community-service policy is unenforceable
January 25, 2011
Jennifer NelsonThe 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.
MoreCourt upholds convictions, sentence of a man who shot Indy officer
January 12, 2011
Jennifer NelsonThe 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.
MorePCR 2 not available for probation revocation orders
December 17, 2010
Jennifer NelsonPost-Conviction Rule 2 is not available for belated appeals of probation revocation orders, the Indiana Court of Appeals concluded.
MoreSocial-services recipients entitled to injunctive relief
December 3, 2010
Jennifer NelsonThe Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t
name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana
Court of Appeals ruled Friday.
MoreCourt orders attorney’s fees following bad faith appeal
December 2, 2010
Jennifer NelsonThe Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third
amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to
the estate.
MoreOpinion regarding insurance company considers definition of ‘ever’
November 24, 2010
Rebecca BerfangerAn Indiana Court of Appeals panel was split in an opinion released today that considered the definition of “ever”
on a home insurance application when it came to whether the homeowners insurance coverage was ever “declined, cancelled,
or non-renewed.”
MoreAll judges up for retention to stay on bench
November 3, 2010
IL StaffThe 11 judges up for retention this year – including five on the Indiana Court of Appeals – will remain on the
bench.
MoreJudges send Medicaid case back for review
October 25, 2010
Jennifer NelsonThe Indiana Court of Appeals remanded a Medicaid benefits denial to the Administrative Law Judge because her decision lacked
findings of fact making the case mostly unreviewable by the appellate court.
MoreJudges hold option to buy real estate valid
October 22, 2010
Jennifer NelsonThe purchaser of real estate through an option executed years earlier didn’t make the option unenforceable against the
owner’s estate by not tendering the purchase price when exercising his option to buy the land, the Indiana Court of
Appeals concluded today.
MoreCOA to visit Rushville, Greencastle
October 22, 2010
IL StaffThe Indiana Court of Appeals will hear arguments in Rushville and Greencastle next week as part of its “Appeals on Wheels”
initiative.
MoreState bar releases results of COA retention survey
October 13, 2010
IL StaffIf the results of the Indiana State Bar Association’s 2010 Judicial Retention Poll are any indicator of next month’s
election, then the five Indiana Court of Appeals judges up for a vote will be easily retained.
More5 Court of Appeals judges up for retention
October 13, 2010
Michael HoskinsOne third of the Indiana Court of Appeals judges face a retention vote this year. Read the judges’ answers to questions
posed by Indiana Lawyer.
MorePending dissolution settlement not enforceable upon a party's death
October 12, 2010
Elizabeth BrockettA property-settlement document is not an enforceable contract if one of the parties dies before the dissolution action is
finalized, the Indiana Court of Appeals ruled today.
MoreCOA 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.
MoreCourt: refusal to identify law applies to passengers
June 22, 2010
Michael HoskinsAlthough state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis
officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion
he’d done anything wrong.
MoreGaming agents have full police power
June 17, 2010
Jennifer NelsonA gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense
of resisting law enforcement, the Indiana Court of Appeals decided today.
MoreJudges uphold sentence increase on appeal
June 10, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion
on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.
MoreCOA: lawyer-client privilege protects information
January 28, 2010
Jennifer NelsonA defendant's belief that his right to seek exculpatory evidence trumps the attorney-client privilege is incorrect, the
Indiana Court of Appeals ruled today.
MoreTrial court erred in terminating parenting time
October 2, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed the termination of a father's parenting time with his teenage daughters, finding
the trial court erred because the decision wasn't supported by the record or statute.
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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.