Indiana Court of Appeals
COA finds trial court’s error in sentencing was harmless
November 20, 2012
Marilyn OdendahlA trial court’s error in considering an arrest record as evidence of criminal history was harmless, the Indiana Court
of Appeals ruled, because the aggravators and mitigators would have led the lower court to impose the same sentence.
MoreAppellate panel affirms foreclosure, cites lack of meritorious defense
November 20, 2012
Dave StaffordAn Allen County plaintiff whose home was foreclosed lost her appeal Tuesday when a panel of the Indiana Court of Appeals held
that she had not demonstrated a meritorious defense.
MoreCOA reverses order requiring victim to pay attorney fees
November 20, 2012
Dave StaffordA man who claims he was struck by a vodka bottle that resulted in 18 stitches won’t have to pay attorney fees to a woman
against whom he had been awarded a protective order, the Court of Appeals ruled Tuesday, reversing a lower court order.
MoreGovernor names Pyle’s trial court replacement
November 20, 2012
IL StaffGov. Mitch Daniels has appointed Angela Warner Sims as judge of Madison Circuit Court. She succeeds Judge Rudolph Pyle III,
who was appointed in August to the Indiana Court of Appeals.
MoreAppeals court to hear Star appeal on identifying online commenter
November 19, 2012
Dave StaffordThe Indiana Court of Appeals has blocked a court order requiring The Indianapolis Star to disclose the name of an
online commenter and will hear further arguments on the matter Tuesday morning.
MoreTrial that OK’d Jasper energy plant conversion error-filled
November 19, 2012
Dave StaffordA judge who ruled against opponents of the conversion of a former coal-fired energy plant in Jasper abused her discretion
on a series of matters, the Indiana Court of Appeals held Monday in reversing a bench trial that found for the city.
MoreLegislature intended to make failure to report child abuse a continuing offense
November 16, 2012
Marilyn OdendahlA high school coach’s failure to report child abuse is a continuing offense to which the statute of limitations does
not apply, the Indiana Court of Appeals ruled.
MoreCOA finds trust that bought foreclosed home gained insurance equity
November 16, 2012
Dave StaffordAn estate that purchased a foreclosed house at a sheriff’s sale established an equitable lien through which it was entitled
to collect proceeds in the event of an insured loss, the Indiana Court of Appeals ruled Friday.
MoreKohl’s loses appeal vs. developer, county over Evansville store
November 16, 2012
Dave StaffordA department store chain failed to persuade the Indiana Court of Appeals to reverse a trial court’s dismissal of a lawsuit
it filed against a developer and two public Vanderburgh County entities.
MoreOff-duty police officer’s stop and frisk violated Fourth Amendment
November 15, 2012
Marilyn OdendahlThe stop, search and subsequent discovery of drugs violated the Fourth Amendment’s protection against unreasonable searches
even though the police officer was off duty at the time of the incident, the Indiana Court of Appeals has ruled.
MoreCourt affirms termination of parental rights for drug-using mom, dad
November 15, 2012
Dave StaffordA mother who used methamphetamine while pregnant and continued to abuse drugs after her children were judged in need of services
was properly denied parental rights, as was the children’s often-absent father, the Indiana Court of Appeals ruled Thursday.
MoreAppeals court rules wrong state law applied in truck crash, but result is same
November 15, 2012
Dave StaffordA trial court erroneously applied Georgia law in a lawsuit brought by a truck driver injured in a collision in West Virginia,
but correctly applied Indiana law yielded the same result, the Indiana Court of Appeals ruled Thursday.
MoreCOA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing
November 14, 2012
Marilyn OdendahlA convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the
testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s
contention as “pure conjecture supported by nothing in the record.”
MoreDivided COA allows suit after wage claim fails at Department of Labor
November 14, 2012
Dave StaffordA worker who left employment at a Columbus construction company may pursue his wage claim in court after his complaint had
been assigned to the Indiana Department of Labor, a divided panel of the Indiana Court of Appeals ruled.
MoreJustices: COA overreached on reversing trial court custody ruling
November 13, 2012
Dave StaffordThe Court of Appeals got it wrong when it reversed a trial court custody modification in favor of a child’s father,
the Indiana Supreme Court ruled Tuesday in one of the first opinions joined by Justice Loretta Rush.
MoreCOA to hear challenge to sex offender monitoring program
November 12, 2012
IL StaffAn Allen County man’s argument that the state’s Sex Offender Management and Monitoring Program is unconstitutional
will be heard Tuesday by a panel of the Indiana Court of Appeals.
MoreAppeals 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.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!