Courts

Court upholds child molester's no-contact condition

April 4, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled that a man convicted of two child molesting counts didn’t have his constitutional rights violated because no double jeopardy violation occurred, and the trial judge’s probation condition that he have no contact with anyone younger than 18 is constitutional.
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Trial rules require sufficient postage

April 4, 2012
Michael Hoskins
The Indiana Court of Appeals has a simple message for litigants: if you are filing anything by certified mail, make sure to put enough postage on your paperwork. Otherwise, don’t expect to use that insufficient postage as an excuse to get around trial rules and court deadlines.
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Appellate court rules on bona fide purchaser dispute

April 4, 2012
Michael Hoskins
The Indiana Court of Appeals has upheld a ruling by a Marion Superior judge in a land title case, finding that a bona fide property purchaser can not be held responsible for deficiencies in the court record that led to the underlying dispute.
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Court of Appeals revises robbery sentence

April 3, 2012
Jennifer Nelson
The Indiana Court of Appeals has ordered that a man’s robbery sentence be reduced because that conviction and sentence were not allowed due to double jeopardy. The man’s sentence for murder, robbery and rape dropped from 160 years to 130 years.
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4 charged after investigation of ballot petition case

April 3, 2012
Jennifer Nelson
Four people in St. Joseph County have been charged following an investigation into whether signatures were forged on an election ballot petition for president in the 2008 Indiana primary election. A special prosecutor has been assigned to the cases.
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Volunteer attorneys sought for teen court

April 3, 2012
IL Staff
Evansville’s Youth Resources is seeking volunteer attorneys to assist in its Teen Court. The court is an early intervention/diversion program in the Vanderburgh County Juvenile Justice System for first-time youth offenders ages 10 through 17.
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Judges order another look at whether woman qualifies for disability

April 2, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has found that an administrative law judge failed to properly assess a woman’s residual functional capacity in deciding whether she qualified for disability insurance benefits from the Social Security Administration. The judges ordered the case back to the agency for further proceedings.
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Judges affirm part of sentence, reverse enhancements on double jeopardy grounds

March 30, 2012
Jenny Montgomery
A woman whose dogs attacked and injured two people failed to prove that the evidence was insufficient to support her convictions. But the Court of Appeals agreed that a portion of her overall sentence should be vacated based on double jeopardy grounds.
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Judges uphold original decision in Clark County surveyor's suit

March 30, 2012
Jennifer Nelson
The Indiana Court of Appeals granted the former Clark County surveyor’s request for a rehearing on its decision regarding his involvement in two county projects, but found his assertions on rehearing are without merit.
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Trial court erred in modifying custody in favor of father

March 30, 2012
Jennifer Nelson
A trial court’s decision to grant a father’s motion to modify custody and prevent his ex-wife from relocating with their son was clearly erroneous, the Indiana Court of Appeals concluded in reversing the decision. The lower court ruling virtually ignored the immense benefit the mother’s new position in Tennessee would bring to her and her son.
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Judges rule in favor of homeowner

March 30, 2012
Jennifer Nelson
A trial court did not err when it found in favor of a homeowner on his breach of contract claim against the contractor he hired to repair his clay tile roof following a storm, the Indiana Court of Appeals concluded.
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Judges: Couple lacked standing to challenge road closure

March 30, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled that a trial court properly dismissed a couple’s complaint over the closure of an access road into cemetery where their daughter is buried.
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Home improvement contract enforceable

March 30, 2012
Jennifer Nelson
Even though a restoration company’s contract with a homeowner did not satisfy the requirements of the Home Improvement Contracts Act, that did not automatically render the contract void, the Indiana Court of Appeals ruled. The judges reversed judgment in favor of the homeowner and ordered he pay the company for the work it performed.
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COA affirms judgment for bank in replevin action

March 30, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld summary judgment for a bank in its attempt to repossess a motorcycle, finding that while the purchasers of the motorcycle had an interest in it, their interest was not superior to the bank’s perfect security interest.
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PACER fees increase Sunday

March 30, 2012
IL Staff
The fee for electronic public access through the Public Access to Court Electronic Records System increases to 10 cents per page April 1.
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COA adopts Restatement (Third) of Torts Section 14

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the trial court in concluding a new trial is warranted to determine allocation of fault in a man’s murder. At issue is the percentage of fault to allocate to a criminal defendant and his former employer.
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COA rules in favor of DOC employee

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has found the trial court should have granted summary judgment to a Department of Correction employee on a man's claim that he was personally deprived a liberty interest when the DOC refused to remove his name from the sex offender registry.
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Appellate judges disagree about dismissal of paternity petition

March 29, 2012
Jenny Montgomery
The Indiana Court of Appeals affirmed a trial court in dismissing a paternity petition, but one judge dissented, saying the ruling now leaves the child with no legally recognized father.
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Judges uphold public intox conviction

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s public intoxication conviction, finding police had reasonable suspicion the man was intoxicated, and evidence is sufficient to support the conviction.
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COA upholds drug conviction

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that his charges should be dismissed or he deserved a mistrial, finding sufficient evidence to support his dealing in cocaine conviction.
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COA affirms judgment in favor of contractor in bid dispute

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has found that a school corporation seeking bids for renovations did not acquire the right to enforce a construction company’s mistaken bid.
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Judges reduce sentence

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has reduced the sentence of a defendant who used brass knuckles to injure a couple and then struck a victim’s father with his car, finding the 11-year sentence was inappropriate in light of the offenses and the defendant’s character.
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COA finds court erred in allowing late response to be filed

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed the denial of summary judgment for a financial company seeking contract damages and other relief, finding the trial court should not have considered the defendant’s late-filed response on summary judgment.
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Court splits over sentence modification

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals was divided over whether a man could challenge his sentence following a guilty plea. One judge maintained that the defendant did not consent to his illegal sentence.
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Burglary conviction was impermissible double jeopardy

March 29, 2012
Jennifer Nelson
Because some of the facts establishing the elements of a Class A felony burglary conviction also established all of the essential elements of the Class B felony burglary conviction, the Indiana Court of Appeals ordered one conviction be vacated due to double jeopardy.
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