Judge Melissa S. May

Opinion regarding insurance company considers definition of ‘ever’

November 24, 2010
Rebecca Berfanger
An 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.”
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All judges up for retention to stay on bench

November 3, 2010
IL Staff
The 11 judges up for retention this year – including five on the Indiana Court of Appeals – will remain on the bench.
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State bar releases results of COA retention survey

October 13, 2010
IL Staff
If 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.
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5 Court of Appeals judges up for retention

October 13, 2010
Michael Hoskins
One third of the Indiana Court of Appeals judges face a retention vote this year. Read the judges’ answers to questions posed by Indiana Lawyer.
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COA panels divided on attorney's fees under AWDA

August 18, 2010
Jennifer Nelson
Nearly a month after an Indiana Court of Appeals panel ruled attorney's fees aren’t recoverable under the Adult Wrongful Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
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Court declines to review commitment cases differently

July 29, 2010
Jennifer Nelson
The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
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Court rules on first impression 'alibi' witness issue

July 13, 2010
Jennifer Nelson
A trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana Court of Appeals ruled today in an issue of first impression.
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COA reverses modification of juvenile's probation

June 16, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed the order to send a juvenile to prison because the state didn’t present any evidence to support alleged probation violations to justify the placement modification.
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5 appeals judges up for retention

June 3, 2010
Michael HoskinsMore

Dissent: new issues can be raised in response

October 9, 2009
Michael Hoskins
Parties shouldn't be allowed to raise arguments for the first time in response to a rehearing petition before an appellate court, an Indiana Court of Appeals judge wrote in disagreeing with two of her colleagues.
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COA: findings don't support attorney fees

September 28, 2009
Jennifer Nelson
The Indiana Court of Appeals remanded a case today involving attorney fees - the appellate court questioned whether the Indiana High School Athletic Association was trying to dissuade appeals by athletes - because the findings of the case currently don't support the judgment.
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COA says voter I.D. law unconstitutional

September 17, 2009
Michael Hoskins
The Indiana Court of Appeals has tossed out the state's 4-year-old voter identification law as unconstitutional, bringing new attention to a statute that has been upheld by the nation's highest court.
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Instant offense considered 'unrelated' per statute

August 28, 2009
Jennifer Nelson
The trial court was correct in interpreting the state's habitual offender statute to include an instant conviction as one of the "unrelated" convictions referred to in the statute, the Indiana Court of Appeals ruled today.
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Judge to throw out first pitch at pro bono night

July 17, 2009
Jennifer Nelson
Indiana Court of Appeals Judge Melissa May will throw out the first pitch tonight at a Gary baseball game at which attorneys will be honored for their pro bono work.
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COA: Dog sniff requires reasonable suspicion

July 14, 2009
Jennifer Nelson
Analyzing the issue for the first time, the Indiana Court of Appeals today determined reasonable suspicion is needed to conduct a drug-detecting dog sniff of a private residence. Even though the state didn't argue the police had reasonable suspicion, it established the officers relied on the warrant executed after the sniff in good faith.
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Judges differ in interpretation of earlier ruling

December 31, 2008
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed today as to whether a man's convictions of attempted sexual misconduct with a minor and attempted dissemination of matter harmful to minors should be reversed because his intended victim was actually a police officer conducting an online sting operation.
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Mom's promoting prostitution sentence stands

December 30, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.
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Judges differ on insurance coverage

December 18, 2008
Jennifer Nelson
A 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.
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Estate must be reimbursed for funeral expenses

September 18, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a trial court's approval of money received in a wrongful death suit of an Indianapolis attorney to be used to reimburse his estate for funeral and burial expenses.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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