Indiana Court of Appeals

Woman’s battery conviction reversed due to fatal variance

April 27, 2015
Jennifer Nelson
A couple arrested after they screamed and resisted arrest at a local Department of Child Services' office after learning their child was being removed from their care had all but one of their convictions from the incident upheld by the Indiana Court of Appeals Monday.
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Judges dismiss appeal over deposition prep time

April 24, 2015
Jennifer Nelson
Because a trial court's decision to deny ordering the defendants to pay for the time the plaintiffs' expert witness spends preparing for his defense deposition is not a final judgment, the plaintiffs should have appealed under Ind. Appellate Rule 14(B). Since they did not, the Indiana Court of Appeals dismissed their appeal.
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Bank wins partial victory in suit stemming from overdraft fees

April 23, 2015
Jennifer Nelson
A bank being sued by customers over how it orders transactions – allegedly to maximize profits from overdraft fees – is entitled to summary judgment on most of the state claims alleged by customers in a class-action lawsuit, the Indiana Court of Appeals ruled Thursday.
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Handgun properly admitted at juvenile’s hearing

April 23, 2015
Jennifer Nelson
A handgun discarded by a teen after seeing a marked police car – and later picked up by the officer who saw the teen throw the gun into a yard – was properly admitted at his delinquency hearing, the Indiana Court of Appeals affirmed.
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Court reverses convictions from robbery due to double jeopardy concerns

April 22, 2015
Jennifer Nelson
Three of a man’s eight convictions stemming from his robbery of acquaintances were reversed or reduced because  the convictions or elevated classes were based on the same elements of the crime, the Indiana Court of Appeals held Wednesday.
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Attorney did not breach any duty owed to Conour clients

April 22, 2015
Jennifer Nelson
An Indianapolis attorney who spent several years working in a firm with attorney William Conour satisfied his legal duty to clients of Conour based on his lack of knowledge of any specific wrongdoing by Conour related to the clients, the Indiana Court of Appeals ruled. Conour is currently in federal prison for stealing from client settlement funds.
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Hospital's 41(E) motion not timely filed, rules COA

April 22, 2015
Jennifer Nelson
The Indiana Court of Appeals decided in a case of first impression that a hospital, which filed its Ind. Trial Rule 41(E) motion to dismiss on the same day the plaintiff resumed prosecution of the case, did not timely file its motion.
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COA: Man can petition for sentence modification under new statute

April 22, 2015
Jennifer Nelson
The Indiana Court of Appeals decided Wednesday that a man sentenced in 2006 could petition for a sentence modification under a new 2014 statute that no longer required prosecutorial consent. But the judges decided that his petition for sentence modification should be denied.
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Teen must pay restitution despite terminated probation

April 22, 2015
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals held that an Indianapolis teen is still required to pay restitution to the person he was involved in an auto accident with, even though the juvenile court discharged him from probation.
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Criminal code revision gives no sentence relief for prior $30 theft

April 21, 2015
Dave Stafford
A LaGrange County man sentenced to two years executed for convictions of Class D felony counts of theft and attempted theft got no relief from his argument that the criminal code revisions enacted after his conviction would have been more lenient.
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COA tosses treble damages since access was not denied

April 21, 2015
Marilyn Odendahl
A feuding neighbor who twice entered the property next to hers to unplug a sump pump will not have to pay treble damages because the Indiana Court of Appeals found she did not commit criminal trespass.
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Appeals court affirms judgment for Valpo frat in student fight

April 21, 2015
Dave Stafford
A fraternity fight between two Valparaiso University students who had clashed before is not grounds to hold the local or national fraternities responsible for one of the student’s injuries.
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Possession of precursors ruled lesser-included offense of greater crime

April 21, 2015
Marilyn Odendahl
A man who fled his car and left a “Nazi method” methamphetamine lab behind for police to find was able to get part of his conviction overturned because officers did not find any of the actual illegal drug.
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Justices add 2 foreclosure cases to docket

April 20, 2015
Dave Stafford
A challenge to a foreclosure judgment against a bank that was reinstated by a divided Court of Appeals panel will be heard by the Indiana Supreme Court. Justices granted transfer in two mortgage foreclosure cases last week.
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Landscaper’s attorney fails to explain fee

April 20, 2015
Marilyn Odendahl
A landscaping company’s award for attorney fees has been sent back to small claims court for reconsideration after the business and the attorney failed to submit documentation supporting the fee amount.
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Judgment for Planned Parenthood stands, but not for minor’s ID provider

April 17, 2015
Dave Stafford
A woman who gave her son’s 17-year-old girlfriend another person's ID and posed as her mother to help her obtain an abortion was not properly dismissed from a lawsuit brought by the pregnant girl’s mother, the Indiana Court of Appeals ruled Friday. Summary judgment in favor of Planned Parenthood of Indiana was proper, the court held.
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Court must consider man’s self-defense claim at new bail hearing

April 16, 2015
Jennifer Nelson
A defendant accused of murder must be allowed to present evidence and witnesses at a bail hearing in an endeavor to rebut the state's burden that the defendant likely committed murder, the Indiana Court of Appeals held Thursday. Since that did not happen in James Satterfield's case, the judges remanded the matter for further proceedings.
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Judges order home invasion sentence lowered

April 16, 2015
Jennifer Nelson
Noting that a defendant who broke in to an elderly couple's home and beat the husband would have received a lesser sentence if he had actually killed the victim, the Indiana Court of Appeals ordered Jeffrey Hunt's 120-year sentence revised.
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Sewer company entitled to attorney fees over frivolous appeal

April 15, 2015
Jennifer Nelson
Three people required to connect their properties to a not-for-profit sewer company – who later were held in contempt for not doing so – must pay appellate attorney fees to the sewer company because the individuals sought to re-litigate the judgments instead of challenge the contempt orders.
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Denial of expungement of child neglect case upheld by judges

April 15, 2015
Jennifer Nelson
A woman seeking to expunge a substantiated report of child neglect in order to keep her job as a cook at a child care provider did not meet the necessary statutory requirements to grant the expungement, the Indiana Court of Appeals affirmed Wednesday in a case of first impression.
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Man’s challenges to admonition waived because he did not object at trial

April 15, 2015
Jennifer Nelson
A man convicted of battering and strangling his daughter's boyfriend did not object to an admonition given to the jury over statements made during his testimony, so he waived appellate review of his arguments, the Court of Appeals held Wednesday.
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COA affirms Evansville police officer’s firing for grabbing teen’s crotch

April 15, 2015
Jennifer Nelson
A longtime Evansville police officer who was fired for rule violations after he grabbed a teen’s crotch at a school where the officer also worked as a security officer lost the appeal of his termination before the Indiana Court of Appeals Wednesday.
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Court upholds sentence but orders judgment corrected

April 14, 2015
Jennifer Nelson
A man sentenced for rape and other crimes in 1989 sought to have his sentence corrected nearly 25 years later, but the Indiana Court of Appeals agreed with the lower court that the sentence imposed did not need revised.
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COA rules in favor of previous site owner in environmental contamination suit

April 14, 2015
Jennifer Nelson
A company seeking to recover environmental cleanup costs of a commercial real estate site from a previous owner who operated a film processing company failed to prove that the previous owner caused or contributed to the site's contamination, the Indiana Court of Appeals affirmed Tuesday.
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COA: Company sought to prevent competition, not protect trade secret

April 14, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed the grant of a directed verdict in favor of the defendants in a lawsuit alleging they divulged confidential information and trade secrets after departing a computer systems company and began working for a competitor.
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