Indiana Court of Appeals
COA: More proceedings are needed on parents’ ITCA compliance
May 8, 2013
Jennifer NelsonFinding a genuine issue of material fact as to whether Richmond parents’ complied with the Indiana Tort Claims Act notice
provision when filing a lawsuit after their severely disabled daughter died at school, the Indiana Court of Appeals ordered
that issue to go before a jury.
MoreNational fraternity not entitled to summary judgment in wrongful death case
May 8, 2013
Jennifer NelsonThe national organization of a Wabash College fraternity where a freshman pledge died after a night of heavy drinking is not
entitled to summary judgment on the student’s parents’ claims arising from his wrongful death, the Indiana Court
of Appeals ruled.
MoreOn the road, jurists give public access to appellate cases
May 8, 2013
Dave StaffordIt’s no accident that on a college campus in Richmond recently, the Indiana Supreme Court heard a case that involves
allegations of hazing and potential liability for an incident at a Wabash College fraternity.
MoreEntering a guilty plea is not a mitigating factor, COA rules
May 7, 2013
Marilyn OdendahlAlthough a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did
not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its
discretion when sentencing him.
MoreCourt erred in barring expert witness in decade-old software suit
May 7, 2013
Dave StaffordA trial court erred when it excluded the expert testimony of a witness who sought to address damages for a software company
whose former employees allegedly violated non-compete clauses.
MoreCOA affirms mom’s termination of rights despite ‘clean screen’ given to judge
May 7, 2013
Dave StaffordAn Indianapolis mother with a history of drug abuse and domestic violence failed to persuade the Indiana Court of Appeals
to reverse the termination of her parental rights, even though she introduced herself to the presiding judge after oral arguments
and had a student deliver to the judge evidence of a clean drug screen taken a day earlier.
MoreStore owner’s ‘Spice law’ prosecution may proceed, COA rules
May 6, 2013
Dave StaffordThe state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully
argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative
authority to the Board of Pharmacy.
MoreClothing labels and security tags not considered hearsay evidence
May 2, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Thursday that clothing from the store H & M that bore the company name and security
tags attached to the clothing could be admitted at a woman’s trial for theft from the store on Black Friday.
MoreCOA: Successive Prosecution Statute not applicable to theft case
May 2, 2013
Jennifer NelsonA Howard Superior judge properly refused to dismiss theft charges against a man because, despite the defendant’s arguments
to the contrary, the Howard County charges were not previously prosecuted in Miami County.
MoreState must seek EPA approval before reclassifying ethanol plants
April 30, 2013
Jennifer NelsonEven though the Environmental Protection Agency changed a rule to exclude ethanol plants from the category of chemical process
plants which would affect emissions permitting, Indiana had to seek approval from the federal agency before it could reclassify
the ethanol production facilities.
MoreEvidence does not support CHINS finding
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after
finding the parents have improved their living situation that led to their three other children being removed.
MoreJudges affirm dismissal of city’s counterclaim without prejudice
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase
property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation
of the property to be dismissed without prejudice.
MoreRight to Farm Act bars CAFO nuisance claim, appeals court rules
April 30, 2013
Dave StaffordA Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations
to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.
MoreSuspended attorney stripped of quiet title to foreclosed home he repaired
April 30, 2013
Dave StaffordA suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without
authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.
MoreCOA: No error in denying reckless homicide instruction
April 30, 2013
Jennifer NelsonThe evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a
lesser offense of murder, the Indiana Court of Appeals ruled.
MoreLawyers’ divorce battle divides COA on joint custody ruling
April 30, 2013
Dave StaffordA lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed
Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’
daughter.
MoreLaw firm not entitled to summary judgment on complaint seeking payment
April 30, 2013
Jennifer NelsonFinding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf
of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s
complaint for payment.
MoreSummary judgments on federal preemption are reversible error
April 30, 2013
Marilyn OdendahlThe Indiana Court of Appeals has found an exterminator and the insecticide maker should not have been granted summary judgments
on the issue of federal preemption.
MoreVincennes did not breach contract with men’s basketball coach
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University
on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for
the following year.
MoreChild support case presents issue of first impression
April 26, 2013
Jennifer NelsonThe Indiana Court of Appeals was presented with an issue for the first time: whether a child support order should be reduced
for the time a child is living on campus when a court has found that the child has repudiated the non-custodial parent, and
on that basis refused to enter an educational support order.
MoreCourt split over whether petition for review should be dismissed
April 26, 2013
Jennifer NelsonThe dissenting judge in a case involving the dismissal of a company’s petition for judicial review of a decision by
the Alcohol and Tobacco Commission believed the petition must be dismissed based on the language of the Administrative Orders
and Procedures Act. The majority ordered resolution of the issue on the merits.
MoreMan entitled to benefits for injuries sustained on the job
April 26, 2013
Jennifer NelsonFinding that a construction supervisor’s receipt of unemployment benefits didn’t preclude him from eligibility
for temporary total disability benefits, the Indiana Court of Appeals affirmed a total award of more than $61,000 to the injured
worker.
MoreCOA: Glove not enough to convict man of burglary
April 25, 2013
Jennifer NelsonWorried that upholding a man’s conviction based solely on DNA presence on a glove found at a crime scene would create
a precedent for criminals to frame someone else, the Indiana Court of Appeals reversed a burglary conviction out of St. Joseph
County.
MoreCourt affirms murder conviction of man who killed stepdaughter
April 24, 2013
Jennifer NelsonA southern Indiana man was not able to convince the Indiana Court of Appeals that the court should overturn his convictions
of murder and other charges for stabbing his stepdaughter.
MoreHabitual traffic violator’s conviction upheld
April 24, 2013
Jennifer NelsonInaction by the Bureau of Motor Vehicles to update a man’s driving record to reflect his lifetime suspended license
is not enough to nullify a statutory requirement that his lifetime suspension be imposed, the Indiana Court of Appeals ruled
Wednesday.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.