Indiana Court of Appeals

Humvee maker, defense giant BAE wrangle over $277M judgment

December 26, 2013
Dave Stafford
A dispute over the true cost of Humvee body armor rushed to the battlefield in the deadliest days of the Iraq war has resulted in a court battle that includes suggestions that one of the world’s top defense contractors may have serious business problems as it argues against posting full security for a $277 million judgment.
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Judges rule couple did not release medical providers from liability

December 23, 2013
Jennifer Nelson
A trial court appropriately denied the partial summary judgment motion filed by medical providers in a malpractice claim, the Indiana Court of Appeals held, because the plaintiffs did not release the medical group from liability by filing a proof of claim with the doctor’s insurer, which was insolvent and being liquidated.
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COA: Deputy not justified in entering backyard

December 23, 2013
Jennifer Nelson
A sheriff’s deputy who tried to serve a protective order was not justified in entering the backyard of a home after no one answered knocking at the front door, the Indiana Court of Appeals ruled. The deputy saw marijuana in the backyard, leading to the homeowner’s arrest.
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Newburgh ordinance allows it to block town from providing sewer service

December 23, 2013
Jennifer Nelson
The Indiana Court of Appeals Monday decided that the town of Newburgh was statutorily authorized to pass an ordinance prohibiting others from providing new sewer services to customers within four miles of its corporate boundaries.
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Gender change does not void Indiana marriage

December 20, 2013
Jennifer Nelson
Indiana law does not automatically void a marriage if one of the parties later is legally recognized as the same gender as the spouse, the Indiana Court of Appeals ruled Friday.
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Admission of return of service did not violate Confrontation Clause

December 20, 2013
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals Friday concluded that a return of service on a protective order is not testimonial, so its admission at trial did not violate a defendant’s rights under the Confrontation Clause.
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Judges affirm criminal reckless conviction

December 20, 2013
Jennifer Nelson
A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.
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Judges split on whether jury instruction erroneous

December 20, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the conviction of a man who shot at police when they attempted to serve a search warrant. The judges were, however, divided as to whether the trial court erred in giving jury instructions on the presumption of innocence.
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COA: Jury adequately instructed on presumption of innocence

December 20, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that his child molestation conviction should be reversed because the trial court did not tender his jury instruction on the presumption of innocence. The judges found the court’s instruction adequately instructed the jury.
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Man’s molestation post-conviction bid fails on appeal

December 19, 2013
Dave Stafford
A Morgan County man failed to convince a Court of Appeals panel that ineffective assistance of counsel and prosecutorial misconduct should entitle him to relief from a child molestation conviction.
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Appeals court slashes contamination award from $154,632 to $7,383

December 19, 2013
Dave Stafford
Court-ordered environmental damages caused by PCB contamination at a Churubusco industrial site were reduced from a total of $154,632 to $7,383 on Thursday by a panel of the Indiana Court of Appeals.
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Wife barred from inheritance because of adulterous relationship

December 19, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed that a woman’s relationship outside of her marriage prevents her from inheriting from her deceased husband’s estate.
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Accomplice’s murder conviction upheld

December 19, 2013
Jennifer Nelson
A woman who threatened that her baby’s father and his brother would kill the man who punched her several times had her conviction of murder upheld by the Indiana Court of Appeals. She sat in a car while with the boyfriend and his brother killed the man.
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Court affirms insurer must cover environmental cleanup costs

December 19, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed an order that an insurer pay post-notice costs of nearly $34,000 to its insured in an environmental cleanup in Mooresville.
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Question over who should have mown grass prevents summary judgment

December 18, 2013
Marilyn Odendahl
A trial court’s decision to grant summary judgment to a homeowner after a man slipped and fell on her property was overturned when the Indiana Court of Appeals found sufficient dispute over material facts.
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COA: County officials not bound to collective bargaining agreement

December 18, 2013
Jennifer Nelson
An issue of first impression arose in a lawsuit in which a local union argued that the Madison County assessor and recorder had to follow the terms of a collective bargaining agreement that the county had entered into with UAW.
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State not allowed to intervene in Weinberger case

December 18, 2013
Jennifer Nelson
Finding the law does not allow the state to become a party to otherwise private litigation at any stage of the proceedings, the Indiana Court of Appeals reversed its prior order granting the state’s motion to intervene in a settlement reached between former doctor Mark Weinberger and the estate of a patient.
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8-year sentence upheld for teen who killed friend while street racing

December 18, 2013
Jennifer Nelson
A Madison County man who crashed his car while street racing, which killed one passenger and injured two others, could not convince the Indiana Court of Appeals that the trial court erred in declining to give a lesser-included instruction of reckless driving at his trial for reckless homicide.
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Fees against IHSAA for unreasonable litigation upheld

December 17, 2013
Dave Stafford
The Indiana High School Athletic Association should pay for its insistence on enforcing rules that courts repeatedly said were arbitrary and capricious, an appeals panel ruled Tuesday.
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Injured worker has to prove company is secondarily liable in workers' comp claim

December 17, 2013
Marilyn Odendahl
The Indiana Court of Appeals split in deciding a workers’ compensation claim concerning who had the burden to prove whether the true value of work exceeded $1,000 and, therefore, triggered secondary liability.
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Reversal: Insurer had duty to provide dental office full coverage

December 17, 2013
Dave Stafford
An insurer that for decades wrote policies for a dental office had a special duty to advise the office about coverage and ensure the office was fully covered, the Indiana Court of Appeals ruled Tuesday in reversing summary judgment in favor of the insurer.
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Court erred, twice rejected settlement in covenant case

December 16, 2013
Dave Stafford
A trial court erred in denying a homeowners association’s request for an injunction against a resident who parked a trailer on her lot. The court then twice rejected joint settlement requests, according to a panel of the Indiana Court of Appeals.
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Despite objections, molester can’t appeal prior physical abuse testimony

December 13, 2013
Dave Stafford
Objections made to a line of questioning at a man’s child molestation trial that he had previously assaulted the victim and the victim’s mother didn’t properly preserve the issue, a Court of Appeals panel ruled Friday in affirming his conviction.
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COA finds man knew of protective order and violated it

December 12, 2013
Jennifer Nelson
There is ample evidence proving that a Marion County man was aware his ex-girlfriend obtained a protective order against him when he broke into her home, the Indiana Court of Appeals ruled.
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Order prohibiting boyfriend from spending time with children too broad

December 12, 2013
Jennifer Nelson
The longtime boyfriend of a mother of triplets should be allowed to continue his relationship with her children as long as it does not undermine or damage the relationship with their father, the Indiana Court of Appeals ruled Thursday. As such, the judges reversed the order preventing the boyfriend from spending time with the children alone.
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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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