Judge Michael P. Barnes
Signs of dissent in retention vote
October 24, 2012
Dave StaffordJustice Steven David's Barnes opinion finding no right to resist unlawful police entry results in an unusual
ouster effort on an otherwise quiet appellate judicial ballot.
MoreQuestionable results of drug tests
March 14, 2012
Michael HoskinsAttorney Fran Watson worries that people have been wrongfully convicted in Indiana, and findings released from a court-appointed
task force show that she may be justified in having that fear.
MoreJudges uphold contempt order against attorney
September 6, 2011
Jennifer NelsonA Morgan Circuit judge had jurisdiction to order a Unionville attorney to pay $75,000 to the county clerk after finding the
attorney in contempt, the Indiana Court of Appeals ruled Tuesday.
MoreMan not prejudiced by counsel's deficient performance
August 23, 2011
Jennifer NelsonThe Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that
although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to
the defendant was really his, the man couldn’t show he was prejudiced.
MoreCourt could find juvenile must register as sex offender
August 15, 2011
Jennifer NelsonA Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years,
the Indiana Court of Appeals held Monday.
MoreJudges examine estate case involving will, self-proving clause
July 15, 2011
Michael HoskinsDeciding on an issue of first impression regarding the proper execution of a person’s will, the state’s second-highest
appeals court has determined the Indiana General Assembly doesn’t want validly signed wills and self-proving clauses
to be set aside lightly.
MoreAppellate court divided over trust liability
June 27, 2011
Jennifer NelsonThe Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the
trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory
damages and attorney fees.
MoreMother's rights at issue in COA reversal
May 20, 2011
Michael HoskinsThe Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken
a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.
MoreJudges split on stalking conviction
April 29, 2011
Jennifer NelsonThe Indiana Court of Appeals was divided Friday in reversing a man’s conviction of stalking. The decision hinged on
their interpretations of the term “repeated” in Indiana’s anti-stalking laws.
MoreJudges disagree on whether landowners are 'aggrieved'
April 12, 2011
Michael HoskinsJurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party
is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
MoreAppellate court affirms arbitration on claims against college
March 29, 2011
Michael HoskinsWith one judge frustrated that Indiana residents and students may have been “hornswoggled” by a college’s
advertisements about being accredited, the Indiana Court of Appeals has upheld an order compelling arbitration on a claim
that three students were fraudulently induced to enroll because of misrepresentation about that accreditation.
MoreAppeal questions 'enrollment,' self-supporting standards for emancipation
March 18, 2011
Michael HoskinsIn tackling a child support case involving a teenager’s emancipation, Indiana Court of Appeals judges disagree on what
state statute defines as “enrolled” in college. One judge believes the majority wrongly reweighed evidence in
this case to come to its decision.
MoreJudges address first impression issue on attorney fees
February 18, 2011
Jennifer NelsonFor the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible
for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
MoreCOA: Juror bias should have been examined
February 16, 2011
Michael HoskinsThe Indiana Court of Appeals has ordered a new trial for a surgeon accused of medical malpractice during a stem cell collection
procedure in which the patient died, finding that the trial court didn’t follow protocol in examining a potential juror’s
impartiality and deciding whether to strike that person from the jury pool.
MoreJudges order new PCR hearing on guilty plea issue
February 7, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding
the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory
or involuntary.
MoreCOA: Man needed to submit claim under Wage Claims Statute
January 21, 2011
Jennifer NelsonAn 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.
MoreJudges uphold OWI conviction
January 21, 2011
Jennifer NelsonEven 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.
MoreCourt rules on artificial insemination issues
December 27, 2010
Jennifer NelsonA divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two
children conceived by artificial insemination.
MoreJudges split on construction manager's duty to injured worker
December 14, 2010
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally
alter contracts” dealing with safety on jobsites.
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.”
MoreCourt divides over injury claim under insurance policy
October 29, 2010
Jennifer NelsonThe Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury”
under their uninsured motorist coverage.
MoreCourt affirms, denies challenge to DNA evidence, new mid-trial witness
October 6, 2010
Elizabeth BrockettThe Court of Appeals today affirmed a man’s convictions and sentence for felony robbery despite his challenge to whether
the trial court properly admitted DNA evidence and allowed the testimony of a witness discovered mid-trial.
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.
MoreWater company not a political subdivision
June 29, 2010
Jennifer NelsonThe company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana
Court of Appeals concluded today.
MoreCheckpoint doesn't violate separation of powers
June 21, 2010
Jennifer NelsonThe use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the
Indiana Court of Appeals ruled today.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!