Indiana Court of Appeals
Pyle takes oath at robing ceremony
October 16, 2012
Dave StaffordIndiana’s newest Court of Appeals judge also holds the distinction of being the only official appointed twice by Gov.
Mitch Daniels.
MoreCourt upholds conviction for theft of water heater
October 16, 2012
Jennifer NelsonThe Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater
from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.
MoreIndiana justices accept 2 cases
October 15, 2012
IL StaffThe Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.
MoreJudges reaffirm 2 Weinberger patients’ psychological evaluations
October 12, 2012
Jennifer NelsonIn reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing
him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court
must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.
MoreDelayed ordinance publication doesn’t affect power to annex
October 12, 2012
Jennifer NelsonLandowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before
the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should
have barred the annexation.
MoreCOA affirms 5 child molesting convictions
October 11, 2012
Jennifer NelsonThe admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County
was not a fundamental error, the Indiana Court of Appeals held Thursday.
MoreCourt rules in favor of state in taking of property for I-69
October 11, 2012
Jennifer NelsonFor the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in
southwestern Indiana for construction of Interstate-69.
MoreCourt upholds imposition of court costs
October 10, 2012
Jennifer NelsonThe Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to
challenge the imposition of court costs following his murder trial.
MoreCOA split over whether DCS has authority to interview sibling
October 10, 2012
Jennifer NelsonAn Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department
of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same
home as a child who has claimed abuse by a resident family member.
MoreCriminal recklessness code covers firing gun into car
October 9, 2012
Dave StaffordA car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming
a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former
gang ally was a passenger in Goshen.
MoreCOA finds church member’s lack of brotherly love not sufficient to uphold conviction
October 9, 2012
Marilyn OdendahlA criminal conviction that resulted from church member’s demand for quiet during a worship service has been overturned
by the Indiana Court of Appeals on the grounds that the evidence was insufficient to sustain the conviction.
MoreDivided appeals court tosses Boonville annexation
October 9, 2012
Dave StaffordThe Indiana Court of Appeals reversed a trial court decision that upheld an annexation by the city of Boonville, finding that
the trial court erred in counting separate state-owned parcels of a highway for purposes of remonstrance.
MoreCOA will not reweigh California environmental cleanup decisions
October 9, 2012
Dave StaffordThe Indiana Court of Appeals ruled Tuesday that it would not reweigh California court decisions in favor of insurers who had
no responsibility to cover environmental cleanup costs at former Thomson plants.
MoreCourt of Appeals reverses and remands inmate’s request for kosher meals
October 9, 2012
Marilyn OdendahlA Pendleton Correctional Facility inmate will not be able to collect monetary damages against employees of the Indiana Department
of Correction, but his request for kosher meals will get a second review.
MoreDivided appeals court affirms disabled firefighter’s enhanced PERF benefit
October 9, 2012
Dave StaffordA Brownsburg firefighter is entitled to disability benefits that a trial court enhanced after an appeal from the local pension
board, a divided court of appeals panel ruled Tuesday.
MoreDivided court affirms sentence that exceeds statutory authority
October 9, 2012
Dave StaffordA man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the
term, a divided Court of Appeals ruled Tuesday.
MoreAppeals court affirms rejection of HOA ‘abusive junk fee’
October 5, 2012
Dave StaffordA Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals
on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive
junk fee.”
MoreDefendant’s argument should be made to rules committee
October 3, 2012
Jennifer NelsonIn affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana
Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence
Rules Review Committee.
MoreJudges find no misconduct by hospital
October 3, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following
a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel
did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case
– prior to trial.
MoreFraternity pledge loses appeal involving alleged hazing incident
October 2, 2012
Jennifer NelsonTwo Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity
in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy
Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”
MoreTrial court should not have admitted statement to detective
October 2, 2012
Jennifer NelsonThe Indiana Court of Appeals found the Vanderburgh Circuit Court abused its discretion in admitting at trial statements a
defendant made to a police detective.
MoreCOA rejects arguments Batson should extend to juror age
October 2, 2012
Jennifer NelsonA trial court did not err in overruling a defendant’s Batson objection to the removal of two African-Americans
from the jury during his trial for drug charges, the Court of Appeals held Tuesday.
MoreClay County man entitled to discharge because of ruling delays
October 1, 2012
Jennifer NelsonThe Indiana Court of Appeals found that Scott F. West is entitled to discharge under Indiana Criminal Rule 4(C) because he
was held to answer on marijuana charges for more than a year without a trial date while his motion to suppress awaited a ruling.
MoreTrial court correctly revoked man’s probation in 5 cases
September 28, 2012
Jennifer NelsonA Washington Circuit judge did not abuse his discretion in revoking a man’s probation in multiple cases and ordering
that he serve all of his previously suspended sentences, the Indiana Court of Appeals ruled.
MoreCOA orders jury trial on animal cruelty charges
September 28, 2012
Jennifer NelsonAn Evansville man convicted of six counts of misdemeanor animal cruelty due to the condition of horses on his property did
not knowingly waive his right to a jury trial and, therefore, is entitled to a jury trial, the Indiana Court of Appeals concluded.
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Court Calendar
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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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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
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.