Indiana Court of Appeals

COA upholds reversal of award for attorney fees

December 15, 2014
Marilyn Odendahl
Subcontractors successful in their dispute against the general contractor over the construction of a northern Indiana IMAX movie theater are not entitled to attorney fees, the Indiana Court of Appeals has reaffirmed.
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Dissenting judge: Man justified in beating would-be thief

December 12, 2014
Dave Stafford
A man who caught a trespasser trying to steal a license plate shouldn’t have been convicted of battery for whacking the intruder with a broom handle and then landing a few haymakers, a dissenting judge held Friday.
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Appeals court affirms partial judgment in insurance dispute

December 12, 2014
Dave Stafford
A Marion Superior Court’s ruling granting partial summary judgment in a dispute between insurance companies was affirmed Friday by the Indiana Court of Appeals.
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Court properly allowed evidence identifying precursors used to make meth

December 11, 2014
Jennifer Nelson
A trial court did not abuse its discretion when it admitted an ingredient label and the testimony of a detective relating to the identification of three precursors commonly used to make methamphetamine, the Indiana Court of Appeals ruled.
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Public voyeurism statute not unconstitutionally vague as applied, COA rules

December 11, 2014
Jennifer Nelson
A man who argued he lacked sufficient notice that the public voyeurism law prohibits his conduct because he filmed girls wearing bathing suits or a skort lost his case before the Indiana Court of Appeals Thursday.
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Complaint properly dismissed for failure to comply with Trial Rule 3

December 11, 2014
Jennifer Nelson
Because the people suing a driver who allegedly caused a car accident sent their summons to the county clerk after the two-year statute of limitations expired, the trial court correctly granted the defendant’s motion to dismiss, the Indiana Court of Appeals ruled.
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Judges affirm woman who emailed racist joke not entitled to unemployment benefits

December 11, 2014
Jennifer Nelson
A newspaper employee who emailed a racist joke to two co-workers was correctly denied unemployment benefits after she was fired, the Indiana Court of Appeals ruled.
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COA finds no reason to reverse man’s child molesting conviction

December 10, 2014
Jennifer Nelson
There was no prosecutorial misconduct or errors by the trial court that would require the Indiana Court of Appeals to reverse a Marion County man’s child molesting conviction. The man raised several claims, including he was denied the right to an impartial jury and fair trial.
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Court affirms probation revocation, total time ordered in DOC

December 10, 2014
Jennifer Nelson
A Vigo County man lost his argument before the Indiana Court of Appeals that his term of informal probation should not have been revoked by the trial court after he violated terms of his placement in a home detention program.
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Appeals court upholds teen’s 55-year sentence for murder

December 10, 2014
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals affirmed the 55-year sentence imposed on a juvenile waived into adult court for the murder of a friend. The teen claimed he should have been sentenced under the alternative sentencing scheme available for juveniles.
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Court hears ex-Indiana elections chief's appeal

December 10, 2014
 Associated Press
An attorney for former Secretary of State Charlie White faced tough questioning Tuesday from Indiana's three-judge appeals court during White's latest bid to overturn the voter fraud convictions that forced him from office.
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COA reverses marijuana conviction based on illegal traffic stop

December 9, 2014
Jennifer Nelson
A police officer was mistaken when he pulled over a vehicle that, due to a broken tail light, emitted more white light than red light, the Indiana Court of Appeals ruled Tuesday. The statute only requires that some red light be visible, which occurred in this case.
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Court upholds serious violent felon finding, despite not using term ‘SVF’

December 9, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that because a stipulation to being a serious violent felon did not use the term “serious violent felon,” the state didn’t establish that as his status.
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COA reverses syringe possession conviction due to lack of evidence

December 9, 2014
Jennifer Nelson
Because the state couldn’t prove that a man intended to use a syringe to inject a legend drug, as is required by the statute to convict him of possession of a syringe, the Indiana Court of Appeals reversed the man’s conviction. The man intended to use the syringe to inject heroin, which is not covered by the statute.
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DOC credit-time policy does not result in disparate treatment

December 8, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected an inmate’s argument in his lawsuit challenging the constitutionality of the Department of Correction’s policy concerning the restoration of credit time for inmates. Because the policy does not result in disparate treatment, the judges affirmed the lower court ruling in favor of the DOC.
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COA reverses convictions based on ineffective appellate counsel

December 8, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s convictions of Class A felony child molesting and Class B felony sexual misconduct with a minor based on his sexual advances toward his stepdaughter when she was in junior high and high school. The judges acknowledged as a result of their decision, the stepfather won’t face any legal consequences for those actions, but the state had a duty to present sufficient evidence to support those convictions.
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Court erred in affirming decision new seawall must be removed

December 4, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the portion of a trial court’s order that affirmed the decision by a board of zoning appeals denying a company’s request for a variance which allowed its newly completed seawall to remain intact. The judges found Caddyshack Looper LLC demonstrated that strict application of the setback requirement will result in practical difficulties.
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COA orders man’s birth certificate change to reflect gender

December 4, 2014
Jennifer Nelson
The birth certificate of a person who was born a woman but now identifies as a man and has undergone extensive medical treatment for gender transition should be changed to show he is male, the Indiana Court of Appeals ruled Thursday.
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Questions exist as to whether teen furnished alcohol to other teens

December 4, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a Pittsboro man in a lawsuit alleging he was liable for the death of friend because he furnished alcohol at a party. The friend died in a car accident while riding with another teen who had consumed alcohol at the party.
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No advice from counsel leads to post-conviction relief

December 2, 2014
Marilyn Odendahl
A mother’s refusal to convey her son’s threats of harm possibly saved the man from violating Indiana’s intimidation statute.
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Divided panel reverses default judgment against bank

December 2, 2014
Dave Stafford
The bank that promises customers 24-hour grace overdraft protection received more than 20 days grace in an Indiana Court of Appeals ruling Tuesday.
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Fired nurse’s retaliation claim reinstated

December 2, 2014
Dave Stafford
A nurse fired from a St. Joseph County clinic that treated patients with sexually transmitted diseases may go forward with a lawsuit claiming her termination was in retaliation for expressing concern that treating undiagnosed patients went beyond her scope of practice.
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Statements by insurance provider do not constitute defamation, COA rules

December 1, 2014
Marilyn Odendahl
A surgery center’s defamation claim that an insurance provider was making false statements purposefully to harm the center’s business reputation was dismissed because the communication did not allege any misconduct in business practices or trade. 
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Enhancement to sentence upheld by COA

November 26, 2014
Marilyn Odendahl
Finding Indiana’s criminal gang enhancement statute can be understood by individuals of ordinary intelligence, the Indiana Court of Appeals rejected a man’s challenge to his 175-year aggregate sentence.
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Allegation of conspiracy not enough to support civil conspiracy claim

November 26, 2014
Marilyn Odendahl
A parts supplier failed to convince the Indiana Court of Appeals that a civil conspiracy claim against several co-defendants named in a breach of contract dispute can stand without showing every alleged conspirator committed an underlying unlawful act.
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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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