December 27, 2012
Marilyn OdendahlIn overturning a lower court’s ruling, the Indiana Court of Appeals opened the door for the doctrine of laches to be
applied to the Indiana Bureau of Motor Vehicles by finding the suspension of a Bloomington woman’s driving privileges
conflicts with the public’s interest in reducing poverty.
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December 27, 2012
Dave StaffordA driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court
of Appeals on Thursday.
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January 11, 2012
Jennifer NelsonThe Indiana Court of Appeals found the state presented sufficient substantive evidence to establish that a man killed his
sister’s boyfriend while staying in her apartment.
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September 26, 2011
Jennifer NelsonThe Indiana Court of Appeals ruled on matters involving alleged looting of cemetery funds in two cases Monday, upholding the
denial of class certification in one case and adopting a “plain legal prejudice” standard in the other case.
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September 14, 2011
Michael HoskinsA clear divide exists at the Indiana Court of Appeals these days and is anything but confidential. Judges are debating whether
parties’ names on certain cases should be released publicly or be shielded through use of initials only.
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August 25, 2011
Jennifer NelsonThere appears to be discord among the judges on the Indiana Court of Appeals as to whether party names should be confidential
in workforce development cases.
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July 18, 2011
Jennifer NelsonAn inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding
that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced,
not re-resentenced after a successful appeal.
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July 18, 2011
Jennifer NelsonThe Indiana Court of Appeals split on whether a man committed attempted child exploitation when he tried to take pictures
up teenagers’ skirts at a mall using a camera attached to his shoe.
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July 14, 2011
Jennifer NelsonThe smell of burnt marijuana on a person alone may constitute probable cause to support an arrest and search incident to arrest,
the Indiana Court of Appeals held in a case of first impression.
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June 14, 2011
Jennifer NelsonThe Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop
a driver believed to be intoxicated.
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May 24, 2011
Michael HoskinsHighlighting a bias in state statute relating to protective orders, the Indiana Court of Appeals has held that an accuser’s
request for a civil contempt hearing against someone alleged to have violated a protective order can’t be tied to any
other criminal or civil proceedings under way or available in the future.
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April 29, 2011
Jennifer NelsonUntil Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context
of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit
against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
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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.
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April 28, 2011
IL StaffThe Indiana Court of Appeals travels to Wabash Friday to hear arguments in an insurance case.
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April 27, 2011
Jennifer NelsonThe Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions
to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.
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April 18, 2011
Jennifer NelsonThe Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with
Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the
possibility of it.
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April 14, 2011
Jennifer NelsonEven though the trial court departed from established statutory procedures by using the “best interests” standard
to modify physical custody, the majority of Indiana Court of Appeals judges affirmed the lower court’s decision.
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April 14, 2011
Jennifer NelsonFundamental error and prejudice for ineffective assistance of trial counsel present two substantively different questions,
the Indiana Court of Appeals concluded Thursday in a post-conviction case.
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April 8, 2011
Jennifer NelsonThe Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to
substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day
time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.
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March 21, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed the dismissal of a workers’ compensation claim, finding the worker’s deposition
testimony didn’t support the Indiana Worker’s Compensation Board’s finding that he admitted his condition
stemmed from a single incident.
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March 14, 2011
IL StaffThe Indiana Court of Appeals will visit Pike High School in Indianapolis this week to hear arguments in a case in which a
man appeals his drug dealing conviction.
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March 11, 2011
Jennifer NelsonA trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing
is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
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February 25, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a father’s petition to modify child support. The judges held he
didn’t waive his argument for modification because he made a prima facie showing he qualified for a modification under
one subsection of the statute, even though he argued before the trial court that he qualified based on the other subsection.
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February 7, 2011
Jennifer NelsonAlthough one Indiana Court of Appeals judge concurred that a biological father’s petition granting visitation with his
daughter should be reversed, he urged legislators and the Indiana Supreme Court to reconsider the issues raised in this case
to “avoid equally unjust results in future cases.”
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February 2, 2011
Michael HoskinsA split decision by the Indiana Supreme Court on an annexation battle between Greenwood and Bargersville means a lower appellate
panel’s decision is reinstated and the city takes a win in the 29-month legal battle that has statewide implications.
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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.