Indiana Court of Appeals

‘Taken aback’ by Eskenazi’s bid for fees, COA rules for committed man

June 27, 2017
Dave Stafford
A divided Indiana Court of Appeals struck a special condition that a man who had been subject to a mental health order of commitment not use alcohol or drugs. The court also criticized the hospital for seeking legal fees in the case from the Marion County Public Defender Agency.
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Double sentencing enhancements don’t violate precedent

June 26, 2017
Marilyn Odendahl
The Indiana Court of Appeals ruled double enhancements that added 25 years to a man’s sentence did not violate precedent because each was given for a different offense.
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Probation department must reimburse offender’s fees

June 23, 2017
Olivia Covington
The Marion County probation department must reimburse an offender’s probation fees after the Indiana Court of Appeals held Tuesday the trial court erred by allowing the probation department, and not the court, to impose such fees.
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Summary judgment affirmed for Conour associate in legal malpractice case

June 23, 2017
Olivia Covington
A former associate of now-disgraced Indianapolis attorney William Conour scored a victory in the Indiana Court of Appeals Friday when the court found he did not breach a duty to one of Conour’s clients who accused him of providing inaccurate or misleading information.
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Appellate court says paved asphalt can be a ‘deadly weapon’

June 23, 2017
Olivia Covington
Determining that the paved surface of a parking lot can be considered a “deadly weapon” in the context of certain cases, the Indiana Court of Appeals on Friday affirmed a man’s conviction for felony battery.
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COA remands dispute over attorney fees owed to doctor

June 22, 2017
Marilyn Odendahl
A cardiologist who was denied his request for attorney fees totaling $450,000 will get a second chance to make his argument after the Indiana Court of Appeals found the trial court abused its discretion in awarding nearly $423,000 less.
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Prosecutor’s involvement in judge’s re-election committee doesn’t require recusal

June 22, 2017
Olivia Covington
The Howard County prosecutor’s membership on a sitting judge’s re-election campaign committee did not require the judge to recuse himself in two separate cases, two panels of the Indiana Court of Appeals ruled Tuesday.
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Man who did not knowingly waive representation to get new trial

June 21, 2017
Olivia Covington
A southern Indiana man will receive a new trial for his invasion of privacy charges after the Indiana Court of Appeals ruled Wednesday the trial court failed to advise him of the dangers of proceeding pro se.
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Man's 72-year sentence for child molestation upheld

June 21, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s 72-year sentence for molesting his young daughter, finding the trial court did not consider identical facts at sentencing hearings on two separate charges.
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Fort Wayne TV station seeks to broadcast doctor’s sentencing hearing

June 21, 2017
Jennifer Nelson
A Fort Wayne television station has filed an appeal challenging a Huntington Circuit judge’s order denying its request to air a trial court recording of a doctor’s sentencing hearing for felony sexual battery.
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Court impermissibly entered convictions on 3 resisting law enforcement counts

June 21, 2017
Olivia Covington
An Indiana trial court should not have entered convictions against a man on three counts of resisting law enforcement stemming from a single incident, the Indiana Court of Appeals ruled in a Wednesday opinion instructing the trial court to change the man’s convictions and resentence him accordingly.
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COA: attorney fees and litigation costs allowed in child’s wrongful death

June 20, 2017
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals upheld the award of attorney fees in a child’s wrongful death case.
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Split COA affirms northern Indiana utility rate increase

June 20, 2017
Olivia Covington
A northern Indiana utility company can increase its rates after a divided Indiana Court of Appeals held Tuesday that the Indiana Utility Regulatory Commission followed the appropriate statutory guidelines in approving the rate hike.
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Treble damages upheld in stepmother’s conversion of safe deposit box funds

June 20, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a determination that a northern Indiana woman illegally converted the funds in the safe deposit box her husband shared with his adult children and that the children are entitled to treble damages.
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Court must revisit issue of prospective juror’s demeanor in Batson challenge

June 20, 2017
Olivia Covington
The Marion Superior Court must revisit the issue of whether a prospective juror’s body language made his dismissal appropriate after the Indiana Court of Appeals decided Tuesday it would be inappropriate to credit the state’s assertion without findings that the dismissal was not based on race.
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High court strikes down extension of community caretaking role to non-vehicle searches

June 20, 2017
Olivia Covington
The Indiana Supreme Court on Tuesday struck down a portion of an Indiana Court of Appeals opinion that extended the law enforcement community caretaker role beyond questions regarding seizures of a vehicle. The justices did affirm the man's cocaine conviction, however, finding his constitutional arguments failed. 

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COA: County entities did not owe duty under foreseeability analysis

June 19, 2017
Olivia Covington
A southern Indiana county and its parks and recreation and health departments did not owe a duty to a man who contracted a deadly infection while at a county park, the Indiana Court of Appeals held Monday, reversing the denial of summary judgment to the governmental entities.
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COA: Chiropractors not qualified to render opinions on ‘complex’ causation issues

June 14, 2017
Olivia Covington
A medical malpractice case against a Franklin County chiropractor must proceed to trial after the Indiana Court of Appeals held Wednesday that chiropractors, including those on medical review panels, are not qualified to render opinions on the cause of injuries when a case involves a “complex” causation issue.
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Experts say Court of Appeals ruling leaves death penalty in limbo

June 14, 2017
Dave Stafford
Legal experts from Indiana’s law schools said the decision casts uncertainty on the death penalty going forward, though they said by no means is the court’s ruling a moratorium on future executions.
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COA reaffirms legal malpractice suit may proceed

June 13, 2017
Olivia Covington
After granting rehearing to clarify the difference between the instant legal malpractice case and previous malpractice caselaw, the Indiana Court of Appeals on Tuesday reaffirmed its previous decision to deny summary judgment to a northern Indiana law firm.
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COA rules against contractor hurt on IU jobsite

June 13, 2017
Olivia Covington
A construction manager and product manufacturer did not have a duty to a construction contractor injured on an Indiana University jobsite in October 2012, the Indiana Court of Appeals ruled Tuesday.
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Court affirms division of marital estate in divorce

June 13, 2017
Dave Stafford
A trial court’s division of a marital estate that was challenged by both the husband and wife was affirmed Tuesday by the Indiana Court of Appeals.
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Desire for second boat lift not enough to override prior orders

June 13, 2017
Marilyn Odendahl
The Indiana Court of Appeals swatted away an appeal of a dispute between pier owners, finding previous trial court orders resulting from more than 26 years of litigation over access to a lake clearly stated when a pier’s location can be changed.
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Conviction upheld for man who berated ex after protective order

June 13, 2017
Dave Stafford
A man who called his ex and offered a “one time only deal” regarding parenting time with their son after the woman obtained a protective order failed to convince judges on appeal that his invasion of privacy conviction should be reversed.
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COA again rejects Evansville’s gun-in-park suit appeal

June 13, 2017
Dave Stafford
A man who sued the city of Evansville after he was forced to leave a park after police spotted him carrying a firearm may proceed with a lawsuit seeking damages and treble attorney fees under a statute that bars municipalities from regulating firearms.
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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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