Indiana Court of Appeals

Divided justices deny State Fair stage collapse appeal

July 1, 2015
Dave Stafford
Victims who contested a settlement after the 2011 Indiana State Fair stage collapse failed to persuade a majority of Indiana Supreme Court justices to hear their appeal.
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COA upholds attorney’s criminal trespass conviction

July 1, 2015
Marilyn Odendahl

An attorney’s attempt to overturn his criminal trespass conviction by arguing the state statute is unconstitutional as applied to leased property was rejected by the Indiana Court of Appeals as failing to convince even a “person of ordinary intelligence."

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Privilege defense splits Court of Appeals

June 30, 2015
Marilyn Odendahl
A split Indiana Court of Appeals found the privilege granted to store owners and employees in making claims to police does have limits.
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Homeowners meet criteria for adverse possession of disputed property

June 30, 2015
Marilyn Odendahl
A church that challenged those who, it believed, trespassed failed to convince the Indiana Supreme Court that a disputed strip of land was actually part of its property.
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Split COA panel affirms day care couple’s manslaughter convictions

June 30, 2015
Dave Stafford
A couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care failed to convince the Indiana Court of Appeals that they should get new trials.
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Appeals panel affirms partial summary judgment in foreclosure suit

June 30, 2015
Dave Stafford
The Indiana Court Appeals affirmed partial summary judgment granted in a mortgage foreclosure suit, rebuffing a creditor's interlocutory appeal seeking summary judgment to foreclose the mortgage.
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Former JA chief loses defamation appeal against attorney

June 30, 2015
Dave Stafford
The former president and CEO of Junior Achievement of Indiana lost a defamation appeal against an Indianapolis attorney Tuesday. The Indiana Supreme Court ruled the complaint was time-barred.
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Habitual offender changes not retroactive, COA holds

June 30, 2015
Dave Stafford
In affirming an Indianapolis man's conviction of aggravated battery and a habitual offender adjudication, the Indiana Court of Appeals also held that revisions to the state's habitual offender statute enacted a year ago are not retroactive.
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‘Rushing’ door sufficient for burglary conviction

June 30, 2015
Dave Stafford
A man who rushed the door of an apartment where a co-conspirator had arranged a drug buy was rightly convicted of Class A felony burglary resulting in serious bodily injury, the Indiana Court of Appeals held Tuesday.
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Legislative and judicial history settles feud over estate

June 29, 2015
Marilyn Odendahl
Sisters arguing over the family estate failed to provide the court with “clear and convincing evidence” that their father’s intentions were different from his actions.
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Man’s sentence affirmed despite misapplication of law

June 29, 2015
Dave Stafford
A misapplication of Indiana law in setting a 10-year cap in a plea agreement for a man who admitted to multiple counts of child neglect and criminal confinement doesn’t require reversal, a divided Indiana Supreme Court held Monday.
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Justices affirm burglary conviction COA tossed out for perjury

June 29, 2015
Dave Stafford
The Indiana Supreme Court on Friday affirmed a trial court burglary conviction that a Court of Appeals panel vacated on the basis that the prosecution used perjured testimony.
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Judgment reserving funds for mechanic’s lien reversed

June 26, 2015
Dave Stafford
A trial court judgment that a mortgage company reserve money to satisfy a mechanic’s lien was reversed by the Indiana Court of Appeals on Friday.
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Warsaw poker game operator’s conviction flushed

June 26, 2015
Dave Stafford
The operator of a fundraising poker game at a Warsaw veterans lodge won an appeal of his contracting conviction Friday at the Indiana Court of Appeals.
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Appeals panel reverses expungement denial

June 26, 2015
Dave Stafford
A trial court that rejected an expungement petition because the petitioner had not been arrested on an underage drinking charge got it wrong, the Indiana Court of Appeals ruled Friday.
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Woman’s comments to police considered political speech, COA rules

June 25, 2015
Jennifer Nelson
The Indiana Court of Appeals overturned a woman's misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature.
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Judges deny sentence modifications, but for different reasons

June 25, 2015
Jennifer Nelson
A panel on the Indiana Court of Appeals concluded Thursday that neither of two men who petitioned in late 2013 to have their 1997 sentences modified are entitled to a modification, but the judges' reasoning for the denials differed.
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COA strikes portion of Indy no-smoking ordinance

June 24, 2015
Jennifer Nelson
An exception contained in the city of Indianapolis’ no-smoking ordinance for satellite facilities is unconstitutional and invalid, the Indiana Court of Appeals ruled Wednesday.
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ITCA does not apply to lawsuit challenging local firearm law

June 24, 2015
Jennifer Nelson
An Evansville man suing the city for enforcing a local law prohibiting firearms in public parks is not effectively bringing a tort claim, as the city argued in its motion on the pleadings. The Court of Appeals affirmed denial of the city’s motion, finding the claim is being brought pursuant to I.C. 35-47-11.1-5, which creates a private right of action for individuals to enforce that statute’s provisions.
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COA senior law clerk to become court’s new administrator

June 24, 2015
IL Staff
Attorney Larry L. Morris will succeed Steve Lancaster as the new court administrator for the Indiana Court of Appeals, effective October 1, the court announced Wednesday. Lancaster will retire in September after 20 years with the court.
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New-crime exception applies in Indiana

June 24, 2015
Jennifer Nelson
Tackling an issue of first impression, the Indiana Court of Appeals applied the new-crime exception under the exclusionary rule of the Fourth Amendment as well as under the Indiana Constitution.
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COA split over company’s duty following propane accident

June 24, 2015
Jennifer Nelson
The Indiana Court of Appeals was divided Tuesday over whether a company that supplied a propane tank which was hooked up to a mobile home without the company’s permission owed a duty to a couple injured after an explosion in that home.
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COA affirms father in contempt for not paying education expenses

June 24, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding of a trial court that a daughter did not repudiate her father following a fall out over a car, so her father was required to continue paying her post-secondary educational expenses.
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Inmate not entitled to revised sentence under amended statute

June 24, 2015
Jennifer Nelson
Although the recently amended sentence-modification statute now applies to an inmate seeking to revise his sentence, the Indiana Court of Appeals affirmed the denial of Ivan Vazquez’s petition due to untimely filing.
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Justices take fired principal, battery cases

June 23, 2015
IL Staff
The Indiana Supreme Court will decide whether an elementary school principal fired for having a consensual relationship with a teacher will be allowed to continue his breach of contract lawsuit. That case is one of two the justices accepted on transfer last week.
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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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