Indiana Court of Appeals

Appeals court opens RX database to defendant’s subpoena

February 20, 2015
Dave Stafford
A woman charged with possession of a controlled substance who claimed she had a prescription may seek information from the state prescription database, the Indiana Court of Appeals held in a reversal.
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COA returns housewares theft case to trial court

February 19, 2015
Marilyn Odendahl
A department store sales clerk who was convicted of two counts of theft is entitled to a rebate on her convictions and restitution amount, the Indiana Court of Appeals has ruled.
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COA looks to Illinois for guidance on admission of naprapath’s testimony

February 19, 2015
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals found that a naprapath licensed in Illinois could testify about a woman’s injuries following a slip and fall.
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Judges rule father may tell daughter he's her dad

February 19, 2015
Dave Stafford
An out-of-state father may tell his 6-year-old daughter that he is her dad, the Indiana Court of Appeals ruled Thursday in reversing that part of a trial court's orders.
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Attorney fee lien invalid if filed before judgment entered

February 18, 2015
Jennifer Nelson
An attorney who filed a lien for attorney fees prior to judgment being entered in a dissolution proceeding lost his case before the Court of Appeals after it determined Indiana statute requires the lien be filed after a judgment in the case is entered.
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COA orders new trial for woman who shot and killed pastor

February 17, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a guilty but mentally ill verdict against an Indianapolis woman who killed the pastor at her church because she believed he was part of a cartel that was pitted against her. The judges held Lori Ann Barcroft’s due process rights were violated when the judge entered that verdict.
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Counterclaims against bank dismissed for failure to state actionable claim

February 13, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed the decision to dismiss a woman’s counterclaims against her mortgage holder after it sought to foreclose on her home. None of her claims, which stemmed from the denial of modifying her mortgage under a new program, stated an actionable claim.
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COA affirms admission of re-recorded videos in rape trial

February 13, 2015
Jennifer Nelson
A man convicted of raping his wife after drugging her – and recording several sexual encounters – could not convince the Indiana Court of Appeals that the wife’s recordings of the videos she found on her husband’s cellphone should not have been admitted at his trial.
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Defendant waived right to confront victim by not attending Skype deposition

February 13, 2015
Jennifer Nelson
A man’s rights under the Indiana Constitution were not violated when the state admitted his victim’s deposition acquired through Skype because the man chose not to be present during the deposition, ruled the Indiana Court of Appeals.
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COA declines to rule on motion to compel due to lack of cogent argument

February 13, 2015
Jennifer Nelson
A couple awarded more than $7,600 following a car accident did not provide cogent argument or legal authority to support their claim a trial court erred in denying their motion to compel, the Indiana Court of Appeals held Friday.
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Order to pay for rescued animals’ treatment OK under general restitution statute

February 13, 2015
Jennifer Nelson
Because a Perry County woman relinquished her three neglected horses to a local rescue organization, she cannot be ordered to pay restitution based on the animal cruelty statute, the Indiana Court of Appeals ruled Friday. But the general restitution statute supports the trial court order Julie Bickford pay nearly $700 in restitution.
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COA affirms denial of plaintiff’s request for deposition fee reimbursement

February 13, 2015
Jennifer Nelson
A doctor named as a defendant in a malpractice lawsuit was not required to pay more than $2,000 toward the deposition fees of the plaintiff’s expert, the Indiana Court of Appeals ruled.
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COA upholds intimidation conviction of man participating in fake robbery

February 12, 2015
Jennifer Nelson
A staged robbery between two friends to cover up stolen funds from an employer took an unexpected turn when a good Samaritan tried to catch the supposed robber. The Indiana Court of Appeals affirmed the defendant’s intimidation conviction for pulling a knife on the good Samaritan during a chase.
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Failure to file board record dooms claim for judicial review

February 12, 2015
Jennifer Nelson
A company that did not file the board record or request an extension of time to file the record within 30 days as required by the applicable judicial review statute should not have been allowed to proceed with its request for judicial review, the Indiana Court of Appeals held. The judges reversed the denial of the town of Pittsboro’s request to dismiss Ark Park LLC’s claims.
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Denial of witness testimony was harmless error, COA rules

February 12, 2015
Jennifer Nelson
Although the trial court abused its discretion when it did not allow a person to testify on behalf of the defendant based on a separation of witnesses violation, the error was harmless, ruled the Court of Appeals in affirming a man’s felony convictions of vicarious sexual gratification and possession of child pornography.
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COA clarifies decision in reversed CHINS case

February 12, 2015
Jennifer Nelson
The Indiana Court of Appeals granted the Department of Child Services’ request for rehearing of an August 2014 decision in which the court reversed a child in need of services finding for a child whose father was in the Navy for the first few years of the child’s life. The judges clarified their reasoning but affirmed their decision in all respects.
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Panel issues 3 opinions on interplay between T.R. 15(C) and 17(F)

February 11, 2015
Jennifer Nelson
While the three judges on the Indiana Court of Appeals panel agreed summary judgment was proper for an Indianapolis attorney being sued for defamation and other claims because the statute of limitations had expired, each judge interpreted the interplay between Trial Rules 15(C) and 17(F) differently.
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COA: Postnuptial agreement is enforceable

February 11, 2015
Jennifer Nelson
It is not a requirement that one party in a marriage must initiate divorce proceedings in order for the parties to later enter into a valid and enforceable reconciliation agreement, the Indiana Court of Appeals held Wednesday.
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Awarded guardianship fees overturned due to potential misconduct

February 11, 2015
Jennifer Nelson
Because a trial court did not look at whether fees requested by a man’s former guardians were necessary, the Indiana Court of Appeals reversed the order they receive more than $15,000 from his estate.
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COA: Ex-husband entitled to legal fees for former wife's contempt

February 9, 2015
Dave Stafford
The ex-husband in an acrimonious domestic relations case is entitled to $9,000 in legal fees a trial court awarded to him as well as judgments in his favor on parenting time and child support, the Indiana Court of Appeals ruled Monday.
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Double jeopardy lifts 2 of burglar’s multiple convictions

February 9, 2015
Dave Stafford
A man who repeatedly broke into property and stole tools and items being used to renovate a long-vacant farmhouse likely will remain sentenced to 50 years in prison, even though the Indiana Court of Appeals vacated two of his convictions as violations of the prohibition against double jeopardy.
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Appeals court strips grandmother’s visitation, cites grandchild’s adoption

February 6, 2015
Dave Stafford
An Indiana Court of Appeals panel Friday stripped a maternal grandparent of visitation rights, finding she had no standing to seek visitation. The parents of the child had divorced, and the father remarried shortly after the mother’s death.
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COA reverses confinement conviction, cautions prosecution on future statements

February 5, 2015
Dave Stafford
The Indiana Court of Appeals reversed a Lake County man’s Class B felony criminal confinement conviction because the trial court erred in admitting out-of-court statements by an alleged accomplice.
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Majority finds no error regarding potential electronic monitoring

February 4, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that a trial court had improperly delegated to a community corrections program the authority to decide whether he should be subject to electronic monitoring.
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Court rules in favor of hospital in contract dispute

February 4, 2015
Jennifer Nelson
A Lake County medical center prevailed in an appeal filed by the other party in a contract to provide anesthesiology services for patients. The Indiana Court of Appeals affirmed summary judgment in favor of the hospital on several breach of contract claims.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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