Indiana Court of Appeals

Counterclaim in assault gets tossed

August 27, 2015
Marilyn Odendahl
A party guest arrested for allegedly assaulting two sheriff’s deputies was two months too late in filing a counterclaim.
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Taking of pills, keys and car raises single larceny argument

August 26, 2015
Marilyn Odendahl
When Seth Curtis, wielding a gun, climbed back over the pharmacy counter, he had a bag containing Opana pills and the keys belonging to a pharmacy technician’s car. Seconds later, he exited the store, located the car and drove away.
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Reversal: DUI convictions violate double jeopardy

August 26, 2015
Dave Stafford
A man who pleaded guilty to a pair of drunken-driving charges was improperly convicted on both counts, the Indiana Court of Appeals ruled Wednesday, vacating one of the convictions.
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Fencer injured while watching bout loses negligence appeal

August 26, 2015
Dave Stafford
A college fencer who suffered a severe eye injury while she stood in the area reserved for participant spectators failed to convince an Indiana Court of Appeals panel to reinstate a negligence suit she filed against two sports sanctioning bodies.
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COA finds medical provider made ‘reasonable effort’

August 25, 2015
Marilyn Odendahl
Telling the victim’s father it could not infer legislative intent, the Indiana Court of Appeals found a mental health care treatment center did comply with the state’s statutory requirements.
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COA ceremonies set for Friedlander and Altice

August 25, 2015
IL Staff
Ceremonies have been announced for judges transitioning off and on the Indiana Court of Appeals. A retirement ceremony for Judge Ezra H. Friedlander is scheduled for 2:30 p.m. Thursday in the Indiana Supreme Court courtroom. Chief Judge Nancy H. Vaidik will preside.
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COA splits over railroad benefits in divorce case

August 24, 2015
Dave Stafford
A trial court erred in ordering a man’s future railroad retirement benefits subject to a division of marital assets in a divorce case, a divided panel of the Indiana Court of Appeals ruled Monday.
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Father who moved before divorce retains custody

August 21, 2015
Dave Stafford
The Indiana Court of Appeals Friday affirmed a trial court’s custody order in favor of a father who moved to Arizona, then California, before his wife filed for divorce.
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COA upholds human trafficking conviction

August 20, 2015
Marilyn Odendahl
The Indiana Court of Appeals took a plain reading of state statute to counter a defendant’s argument that the state had to prove intent in order to sustain a conviction of attempted promotion of human trafficking.
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Doctor who appealed attorney fees award now owes more

August 20, 2015
Dave Stafford
A northern Indiana doctor who lost a jury trial after he left a practice and started his own, and was ordered to pay damages and his former practice’s attorney fees, now may be on the hook for even greater costs.
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Rehearing upholds drug conviction resulting from traffic stop

August 20, 2015
Marilyn Odendahl
An Indianapolis man who got a second bite at the apple could not convince the Indiana Court of Appeals his traffic stop lasted too long.
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Identification of defendant via phone calls and texts upheld by COA

August 20, 2015
Marilyn Odendahl
A Grant County man argued threatening phone calls could not be linked to him, but he was unable to overcome the testimony by people who knew the sound of his voice.
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Jailhouse calls to girlfriend urging sex with son properly admitted

August 19, 2015
Dave Stafford
A jailed man’s 15 phone calls with his girlfriend urging her to have sex with her learning-disabled son to show he wasn’t gay were properly admitted as evidence that led to his conviction of conspiracy to commit child molesting.
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Court of Appeals affirms man’s domestic battery conviction

August 18, 2015
Dave Stafford
Evidence from a forensic nurse was not improperly admitted in the trial of a man who was convicted of felony domestic battery against his girlfriend of 20 years.
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Mom loses appeal against Planned Parenthood

August 17, 2015
Dave Stafford
A mom who sued Planned Parenthood after her 17-year-old daughter used another person’s ID and posed as an 18-year-old to get an abortion has no private cause of action to enforce abortion statutes. Planned Parenthood also owed no duty to the mother under the circumstances, the Indiana Court of Appeals ruled Monday.
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Fired Polaris technician wins reversal at 7th Circuit

August 14, 2015
Marilyn Odendahl
A former Indianapolis lab technician presented enough evidence to support her claims of discrimination and retaliation that the 7th Circuit Court of Appeals overturned summary judgment in favor of her former employer.
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Agreement means what it says, COA rules

August 14, 2015
Marilyn Odendahl
While the Indiana Court of Appeals conceded the severance agreement was “not a model of precision,” it disagreed with a trial court’s conclusion that the agreement contained a mistake.
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Molestation charge dropped against committed incompetent defendant

August 14, 2015
Dave Stafford
A child molestation charge must be dropped against an incompetent defendant who’s been in psychiatric hospitals longer than he could have been imprisoned had he been convicted, the Indiana Court of Appeals ruled Friday.
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Toyota dealership relocation to Fishers divides appeals court

August 13, 2015
Dave Stafford
Whether three competing greater Indianapolis Toyota dealers may block the relocation of another Toyota franchise from Anderson to Fishers divided a panel of the Indiana Court of Appeals Thursday.
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Divided COA panel reverses modification of support

August 13, 2015
Dave Stafford
A judge who ordered a modification of child support after a father told the court he was moving out of state and intended to seek custody of a minor child acted prematurely, a Court of Appeals panel majority ruled Thursday.
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Indianapolis panel overreached in adopting Millersville Plan

August 12, 2015
Dave Stafford
A landowner has successfully challenged the Indianapolis Metropolitan Development Commission’s adoption of a plan that reduced potential residential development on 21 acres in the northeast-side community of Millersville.
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Friedlander reflects on half-century in law as retirement nears

August 12, 2015
Dave Stafford
Although he's set to retire later this month, COA Judge Ezra "Zeke" Friedlander will continue to serve as a senior judge. Marion Superior Judge Robert Altice will be taking his place.
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Class-action members did not show illnesses were caused by same meals

August 11, 2015
Marilyn Odendahl
Although several Alpha Kappa Alpha Sorority Inc. members who visited Indianapolis in 2013 all reported symptoms much like those caused by food poisoning, the Indiana Court of Appeals denied class certification, ruling the individuals did not specifically link their illnesses to the chicken served at lunch and dinner.
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Trial court erred in denying dad custody vs. contemptuous mom

August 11, 2015
Dave Stafford
The Indiana Court of Appeals bluntly reversed denial of a father’s petition for primary custody of his children, finding their mother undermined him and deprived him of court-ordered visitation.
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Officer’s ‘Where’s the gun?’ question properly admitted in shooter’s trial

August 11, 2015
Dave Stafford
A suspect who fled the scene of a Lafayette shooting and later was found with ammunition in his shirt pocket was not prejudiced when a police officer asked, “Where’s the gun?”
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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