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 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. Nice work, Courtney!

  2. The O'Banions also sued Ford claiming the Roush vehicle's throttle cable was defective and stuck, and did not present evidence or argue to the contrary at trial. The proceedings were delayed by an appeal on the admissibility of expert testimony in which O' Banions also joined with the Roush Estate.

  3. AP writes "The justices will hear the appeal of the Colorado baker that pits his claims of religious freedom against the rights of the same-sex couple who wanted a wedding cake to commemorate their marriage." HOW ABOUT IF THIS WERE THIS ISSUE: "The justices will hear the appeal of the Colorado Jewish videographer that pits his claims of religious freedom against the rights of the Holocaust deniers who wanted to hire his photography studio to shoot their documentary debunking the six-million-cremated-theory ..." Would anyone doubt that the Jewish fellow's rights triumphed? Or how about "The justices will hear the appeal of the Colorado black carpenter that pits his claims of religious freedom against the rights of a white supremacist who wants a gallows built on his property to stage the mock hanging of former president Obama." Hey, would anyone doubt that the Black fellow's rights to contract triumphed? BUT ... make the "villain" in the story Christian conservatives (insert two minute hate here) and the victims gay (so cute they are), and it is bar the door Katie, for Big Brother's judicial stormtroopers simply must weigh in to wash clean the minds of any who would DARE to dissent from the elists' mandated spiritus mundi.

  4. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  5. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

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