Indiana Court of Appeals

Dissenting judge implies majority reweighed evidence in custody reversal

July 29, 2015
Dave Stafford
A dissenting judge on an Indiana Court of Appeals panel that Wednesday reversed a child custody order implied the majority reweighed evidence to reach its conclusion.
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COA hands remonstrators another defeat

July 29, 2015
Marilyn Odendahl
The Indiana Court of Appeals has reversed another annexation ruling, this time finding the town of Whitestown can move forward with plans to incorporate a portion of Perry Township.
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Aunt denied custody of CHINS niece in foster care

July 29, 2015
Dave Stafford
An aunt who repeatedly sought to gain custody of her 4-year-old niece the Department of Child Services placed in foster care got no relief from the Indiana Court of Appeals Wednesday.
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Altice selected to succeed Friedlander on Court of Appeals

July 29, 2015
Dave Stafford
Marion Superior Judge Robert R. Altice Jr. was named to the Indiana Court of Appeals July 17 by Gov. Mike Pence.
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COA clears way for broader use of postnuptial agreements

July 29, 2015
Michael Kohlhaas, Jim Reed
A February decision by the Indiana Court of Appeals makes postnuptial agreements a more attractive option for married couples who, considering divorce, decide instead to reconcile.
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Material alteration of terms sufficient for dismissal of foreclosure

July 28, 2015
Dave Stafford
A trial court properly ruled against a financial institution in a mortgage foreclosure action because terms of the surety’s contract were materially altered over time, the Indiana Court of Appeals ruled Tuesday.
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Unsupported search warrant voids drug conviction

July 24, 2015
Dave Stafford
The Indiana Court of Appeals Friday threw out a man’s cocaine dealing conviction, holding that a search warrant that led to charges against him should not have been issued.
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COA affirms conviction, sentence in pizza deliveryman’s slaying

July 23, 2015
Dave Stafford
The Indiana Court of Appeals Thursday upheld the 65-year sentence and convictions a jury rendered against an Indianapolis man who robbed, shot and killed a pizza deliveryman at a southside apartment complex.
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Winning plaintiff agrees prejudgment interest award not warranted

July 22, 2015
Marilyn Odendahl
A real estate investor who was successful in her protracted feud with her real estate broker acknowledged an error in the calculation of her award and induced the Indiana Court of Appeals to make a reversal.
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COA: Post-conviction court too speedy in its denial of petition

July 22, 2015
Marilyn Odendahl
A post-conviction court which denied a petition even before the state had responded has been ordered by the Indiana Court of Appeals to go back, slow down and do it over.
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COA: Petitioner entitled to tax deed after completing all steps

July 21, 2015
Dave Stafford
An entity that bought two properties at a tax sale fulfilled all the requisite steps to acquire ownership of the parcels, the Indiana Court of Appeals ruled, rejecting an appeal from the trust that previously owned the properties.
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Involuntary commitment vacated for lack of evidence

July 20, 2015
Dave Stafford
An Indianapolis woman was improperly ordered committed for mental illness, but there was insufficient evidence she was gravely disabled, a panel of the Indiana Court of Appeals ruled Monday. The decision further emphasizes the need for clear and convincing evidence of grave disability to support a commitment.
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Reversal: Court wrongly required $1.1M bond in estate spat

July 20, 2015
Dave Stafford
A trial court wrongly ordered an heir to an estate to post a bond of more than $1.1 million for a claim he submitted as he sought to block the sale of the family farm.
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Altice selected to succeed Friedlander on Court of Appeals

July 17, 2015
Dave Stafford
Marion Superior Judge Robert R. Altice Jr. was named to the Indiana Court of Appeals Friday by Gov. Mike Pence.<
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Trial court had discretion in allowing hearsay statements into evidence

July 17, 2015
Marilyn Odendahl
A trial court, which excused two young girls from testifying against their abuser at trial and instead allowed their prior statements to be admitted into evidence, did not abuse its discretion, the Indiana Court of Appeals has ruled.
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Altice selected to succeed Friedlander on Court of Appeals

July 17, 2015
IL Staff
Marion Superior Judge Robert R. Altice Jr. has been named to the Indiana Court of Appeals, Gov. Mike Pence announced Friday.
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Reversal: Trial court erred in vacating agreed paternity order

July 16, 2015
Dave Stafford
A Hendricks County trial court erred by disregarding a mother and father’s agreed paternity order, the Indiana Court of Appeals ruled Thursday, sending the matter back to the trial court. The court affirmed a judgment against father to pay mother’s attorney fees.
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City not liable for injury caused by pothole

July 16, 2015
Marilyn Odendahl
The Indiana Court of Appeals split over the extent of governmental immunity after a woman who broke her leg crossing the street sued the city of Beech Grove for negligence.
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Bungled recording does not violate constitutional rights

July 15, 2015
Marilyn Odendahl
An Anderson man’s argument that his due process rights were violated by law enforcement’s failure to record the audio from two interviews with his daughters did not convince the Indiana Court of Appeals.
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Fort Wayne hospital loses Medicaid payment appeal

July 14, 2015
Dave Stafford
Parkview Hospital in Fort Wayne was not wrongly denied $27 million in Medicaid payments it sought from the state when it failed to properly and timely document the claims, the Indiana Court of Appeals affirmed Tuesday.
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COA affirms judgment against Hammond in towns’ sewer suit

July 13, 2015
Dave Stafford
Hammond’s sanitary district had no statutory authority to cancel wastewater treatment contracts with the neighboring Lake County towns of Griffith, Highland and Whiting, the Indiana Court of Appeals ruled Monday, affirming the trial court in a split opinion.
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Searches without suspicion are not unconstitutional, COA affirms

July 10, 2015
Marilyn Odendahl
A one-month-old decision by the Indiana Supreme Court upended a probationer’s argument that the search of his nightstand was unconstitutional.
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Tardy defendant gets a do-over from the COA

July 9, 2015
Marilyn Odendahl
A homeowner who arrived at the courthouse nine minutes after a judgment was entered against him will still get to have his day in court.
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COA finds lease payments are part of Trust

July 8, 2015
Marilyn Odendahl
Siblings trading motions over their deceased father’s estate got multiple denials from the trial court.
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COA: Declaratory judgment wrongly denied in malpractice case

July 8, 2015
Dave Stafford
A trial court wrongly denied a plaintiff’s motion for a declaratory judgment arising from an inability to select a panelist to review a malpractice dispute on behalf of a woman who died after a stroke.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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