Indiana Court of Appeals

COA: Firm entitled to investigatory expenses

May 4, 2016
Scott Roberts
A firm who represented an indigent man’s murder case pro bono is entitled to the costs of the investigation of his defense, the Court of Appeals ruled, even though the man pleaded guilty.
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Undocumented immigrant issues left unanswered

May 4, 2016
Scott Roberts
A recent Indiana Court of Appeals decision didn’t provide the guidance one attorney had hoped from the court regarding injured undocumented workers. But the judges did decide that the worker’s immigration status is important in his lawsuit.
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COA reverses, remands unemployment eligibility ruling

April 29, 2016
Dave Stafford

Whether a worker voluntarily left employment must be determined by the review board of the Department of Workforce Development, the Indiana Court of Appeals ruled Friday, remanding the board’s finding that the worker was eligible for unemployment benefits.

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COA: Court order couldn’t disqualify attorney on future cases

April 28, 2016
Jennifer Nelson
The Indiana Court of Appeals declined to decide whether a trial court erred in concluding an ex-city attorney violated the Rules of Professional Conduct when he acted as the lawyer for a defendant in a suit brought by the city.
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COA clarifies confusion around judicial admissions

April 28, 2016
Jennifer Nelson
The Indiana Court of Appeals noted in its decision Thursday in a medical malpractice lawsuit that the line of authority that has developed on judicial admissions is based on an error made in a 1990 case. The judges used their opinion to affirm the jury verdict in favor of the defendant doctor and to clarify that judicial admissions are conclusive and binding.
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Judges cite past domestic violence convictions in affirming sentence

April 28, 2016
Jennifer Nelson
The Indiana Court of Appeals upheld an Ohio man’s 180-day jail sentence for misdemeanor battery against his ex-wife, noting he showed no remorse regarding two previous domestic violence-related convictions.
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Court divided over failure to identify conviction

April 28, 2016
Jennifer Nelson
Although the majority found a defendant’s evasiveness in answering identifying questions from a police officer “reprehensible,” the judges reversed the man’s failure to identify conviction because he did eventually provide the information to the officer.
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COA: Sovereign citizen still subject to jurisdiction

April 28, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s murder conviction Thursday, finding the trial court had jurisdiction despite his status as a “Moorish American National Sovereign” and “secured party creditor.”
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Burglary of deceased’s home still Class B felony, COA holds

April 28, 2016
Dave Stafford
A man who burglarized a house in Huntington after the occupant had recently died was rightly denied his petition for post-conviction relief based on his argument that the house was no longer a dwelling, the Indiana Court of Appeals ruled Thursday.
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Woman entitled to inherit estate, judges affirm

April 27, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a woman was the sole heir of an estate as the only daughter, finding there was sufficient evidence for the claim and denying the deceased man’s sisters’ request for a DNA test.
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Appellate court defines rules of police stops

April 27, 2016
Scott Roberts
The Indiana Court of Appeals found a man’s tendered jury instruction was a mistake of law and not a mistake of fact and upheld his conviction of felony resisting law enforcement by fleeing. The judges then outlined what fleeing law enforcement means and what rights police officers and drivers have to determine location of stops.
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Man who was visiting friend not subject to illegal search

April 27, 2016
Scott Roberts
A man who was visiting a friend when police found him in possession of a handgun was not a victim of an illegal search, the Indiana Court of Appeals ruled Wednesday.
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COA: Trainer who had license suspended denied due process

April 27, 2016
Scott Roberts
A woman was denied due process after she had her athletic trainers’ license suspended for having a sexual relationship with one of her clients, the Indiana Court of Appeals ruled. Even though she did not attend her hearing, her attorney did and the complaint she filed should not have been dismissed.
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7th Circuit affirms COA sentence in split decision

April 27, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled in a split decision the Indiana Court of Appeals did not make any error in federal law when it upheld a man’s consecutive 40-year sentences for three convictions of child molestation.
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COA: Video testimony from protected person allowed at trial

April 26, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s Level 5 felony battery conviction despite admission of a videotaped interview from a protected person into evidence and allowing three people to testify about their interactions with that protected person.
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COA affirms denial of rescission of lifetime license ban

April 26, 2016
Dave Stafford
A man failed to persuade the Indiana Court of Appeals to restore his driving privileges after a trial court rejected his petition for rescission of a lifetime suspension.
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COA: Jury replay of 911 call within court’s discretion

April 26, 2016
Dave Stafford
A trial court was within its discretion to allow a jury to rehear a recording of a 911 call during deliberations, the Indiana Court of Appeals ruled Tuesday in affirming a man’s convictions of intimidation and theft.
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Supreme Court clarifies employment discrimination case

April 25, 2016
Scott Roberts
The Indiana Supreme Court clarified an employment discrimination case Friday afternoon in one of the last opinions written by retiring Justice Brent Dickson. The decision explained when summary judgment should be used and what courts should be looking for when deciding such cases, ultimately affirming the Court of Appeals.
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COA: Federal statute supersedes state one

April 22, 2016
The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.
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COA: Time expired in bringing criminal trial

April 22, 2016
Scott Roberts
The Indiana Court of Appeals reversed a man’s felony and misdemeanor charges after it found the state did not bring him to trial within a 365-day time period.
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Sued company should get attorney fees, COA rules

April 21, 2016
Scott Roberts
The Indiana Court of Appeals ruled a company that dropped a lawsuit against another for breach of warranty must still pay attorney fees of the company they sued.
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COA majority: Conditional language is still a threat

April 21, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction for Class A misdemeanor intimidation in a 2-1 decision after it found the conditional language he used in the threat placed his victim in danger of retaliation for a lawful act.
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COA: Man’s habeas petition should be dismissed

April 20, 2016
Scott Roberts
The Indiana Court of Appeals remanded a man’s petition for habeas corpus and ordered the trial court to dismiss his claims after the judges said he improperly filed his petition without permission from the court.
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COA: Minor lacks standing in suit against health department

April 19, 2016
Scott Roberts
The Indiana Court of Appeals found a minor was not in danger of sustaining injury from storage of her dried blood spot by the Indiana Department of Health and therefore lacked standing to bring a lawsuit, affirming the judgment of the Marion Superior Court.
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COA: Man entitled to full length of disability benefits

April 19, 2016
Scott Roberts
The Indiana Court of Appeals reversed a workers’ compensation board decision and found a man was entitled to the full amount of temporary total disability he requested. His employer did not provide him notice about what would happen if he refused the sedentary job he was offered and the judges held he did not waive the issue.
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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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