Indiana Court of Appeals
Appeals court finds for insurer in worker’s comp case where victim’s mother died
November 9, 2012
Dave StaffordThe mother of an injured worker whose estate claims she died due to emotional distress caused by an insurer’s handling
of her son’s case cannot directly sue the insurer before exhausting the regulatory process, the Indiana Court of Appeals
ruled Friday.
MoreMan not required to register in Indiana for Illinois crime
November 8, 2012
Jennifer NelsonThe Indiana Court of Appeals ruled it’s a violation of the ex post facto provision of the state’s constitution
to require a man who committed a sex crime in Illinois, but now lives in Indiana, to register in Indiana because the laws
requiring him to register in both states were enacted after he committed the crime in Illinois.
MoreEx-employee wins appeal and prejudgment interest
November 7, 2012
Jennifer NelsonA former employee is entitled to commissions owed to him after he left a real estate company, the Indiana Court of Appeals
affirmed Wednesday. The judges also found the ex-employee is entitled to prejudgment interest.
MoreJudges order trial on couple’s responsibility to unpaid subcontractors
November 7, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed a decision by a DeKalb Superior judge that Fred and Mary Anna Feitler were personally
liable for unpaid bills to subcontractors on their home, which was being constructed on land owned by a trust to which they
were sole beneficiaries.
MoreAll appellate judges on the ballot retained by voters
November 7, 2012
IL StaffCollecting more than a million “yes” votes each, Indiana Justices Steven David and Robert Rucker have been retained
in office. David faced opposition from some who disagreed with the majority opinion he authored regarding unlawful police
entry into homes.
MoreCourt finds mediation not so confidential
November 7, 2012
Marilyn OdendahlSome Indiana attorneys are concerned about the possible ramifications of the recent Horner decision.
MoreJustices reverse COA, hold state’s appeal timely
November 6, 2012
Dave StaffordThe Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression
of evidence in a drunken-driving case.
MoreWife’s pain from shove, poked forehead ‘bodily injury,’ justices rule
November 6, 2012
Dave StaffordThe Indiana Supreme Court late Monday reconciled conflicting interpretations of the “bodily injury” requirement
for domestic battery and other criminal offenses using that language, concluding that any such offense that causes the victim
physical pain meets the test.
MoreAppeals court: Felon waived speedy trial, judge challenges
November 2, 2012
Dave StaffordA man convicted of multiple felonies lost his appeal when the court determined he had not objected to matters raised in the
appeal during his jury trial or sentencing.
MoreWoman did not exhaust administrative remedies before suing
November 1, 2012
Jennifer NelsonThe Indiana Court of Appeals agreed with a Marion Superior judge that the courts do not have jurisdiction over a woman’s
lawsuit concerning the disconnection of her water because the woman did not exhaust all her available administrative remedies
before suing.
MorePolice had reasonable suspicion to stop men, search bag
October 31, 2012
Jennifer NelsonThe Indiana Court of Appeals disagreed with an appellant who claimed police did not have reasonable suspicion to believe he
and two other men were involved in criminal activity, which led to their stop and his eventual conviction of Class A felony
attempted dealing in methamphetamine.
MoreMan can’t challenge sentence as illegal
October 31, 2012
Jennifer NelsonBecause a defendant entered into a beneficial plea agreement, the Indiana Court of Appeals denied his request for post-conviction
relief. The man argued that a Supreme Court decision handed down while he was appealing should require that his sentence be
reduced.
MoreCourt affirms man’s sentence for murdering wife
October 31, 2012
Jennifer NelsonA Lawrence County man was unable to convince the Indiana Court of Appeals that his 65-year sentence for the murder of his
wife in 2009 should be reduced to the advisory sentence of 55 years.
MoreJustices vacate transfer in business dispute
October 31, 2012
IL StaffAfter hearing arguments Oct. 24 in a dispute between former shareholders of a company and the new owners over what assets
the new owners should receive, the Indiana Supreme Court decided that the Court of Appeals decision should stand.
MoreCourt splits over whether approval of entire contract must be voided
October 30, 2012
Jennifer NelsonChief Judge Margret Robb dissented from her colleagues on the Court of Appeals Tuesday as to whether approval of a contract
for the purchase and sale of substitute natural gas must be voided in its entirety because the contract definition of “retail
end use customer” differs from the statutory definition.
MoreJudges focus on juvenile due process in Gingerich murder conspiracy appeal
October 30, 2012
Dave StaffordCourt of Appeals judges on Tuesday focused their questions on whether a 12-year-old waived to adult court in a 2010 murder
had due process when his attorneys had just five days to prepare for a waiver hearing in juvenile court in Kosciusko County.
MoreAgency erred in adjusting experience account rates after merger
October 30, 2012
Jennifer NelsonThe Indiana Court of Appeals has ordered the Department of Workforce Development to reinstate the original contribution rates
for unemployment insurance experience accounts of a parent company and its subsidiaries. The DWD should not have combined
the accounts and adjusted the rates following a merger.
MoreCOA affirms $550,000 med mal verdict; denies appellate attorney fees
October 30, 2012
Jennifer NelsonA Lake Superior judge did not err when he allowed a witness to testify on behalf of the party bringing a medical malpractice
complaint against a doctor nor in excluding the testimony of the doctor’s expert witness due to untimely disclosure,
the Indiana Court of Appeals held Tuesday.
MoreJudges affirm decision in familial dispute over insurance funds
October 30, 2012
Jennifer NelsonWhen Nathaniel Kappel died, it led to a dispute in the family as to who is entitled to insurance payouts on policies that
Nathaniel Kappel and his brother William took out on each other in 1996. The Court of Appeals agreed with the probate court
that Nathaniel Kappel’s estate is not entitled to funds from either man’s policy.
MoreJudges amend man’s convictions due to double jeopardy violations
October 29, 2012
Jennifer NelsonBecause the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges,
the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by
the prosecutor during trial.
MoreWoman’s claim for reformation of deed fails
October 29, 2012
Jennifer NelsonA Vanderburgh County woman who filed a lawsuit for reformation of a deed 46 years after receiving the warranty deed lost her
appeal of a trial court ruling in favor of neighboring property owners.
MoreLaw firm can’t collect attorney fees from insurer
October 25, 2012
Jennifer NelsonRelying on caselaw from 1892, the Indiana Court of Appeals decided that Ken Nunn Law Office may not collect attorney fees
it says are owed by a former client from a third-party insurance company following a settlement.
MoreJudges find wired payment timely
October 24, 2012
Jennifer NelsonJudges on the Indiana Court of Appeals declined to expand upon language in a forbearance agreement between a bank and business
owner, finding the business owner timely made his final payment to the bank when he wired the money the day it was due, even
though the bank did not receive it until the next day.
MoreMajority affirms couple didn’t establish element of adverse possession
October 24, 2012
Jennifer NelsonTwo Indiana Court of Appeals judges upheld a judgment in favor of landowners on a complaint filed to quiet title in a disputed
area of land, finding the couple seeking to quiet title failed to establish the control element of adverse possession.
MoreCourt revises sentence based on plea agreement language
October 24, 2012
Jennifer NelsonThe Indiana Court of Appeals reduced a woman’s sentence for theft, forgery and check fraud after finding the trial court
erred by imposing a sentence that violated the terms of her plea agreement.
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Indianapolis law firm Stewart & Irwin closing
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Social media sleuths find evidence, but admissibility requires authentication
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Mediation space key to resolution, even if it’s a getaway divorce
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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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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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!