Indiana Court of Appeals
Police Merit Commission may discipline former assistant chief
April 12, 2013
Jennifer NelsonA former assistant police chief of the City of Greenwood who was demoted to lieutenant may be disciplined by the city’s
Police Merit Commission, the Indiana Court of Appeals ruled Friday. The officer argued that based on ordinances and codes,
only the mayor could discipline police chiefs or assistant chiefs.
MoreContractor wins on appeal of $14.5M damages award for defamation
April 11, 2013
Jennifer NelsonState Farm Fire & Casualty Co. is on the hook for $14.5 million in damages after a contractor prevailed on his defamation
claim against the insurer. The award is one of the largest defamation damages in the country, according to the court.
MoreState Farm must pay contractor $14.5M for defamation
April 11, 2013
IL StaffThe Indiana Court of Appeals has affirmed a $14.5 million award of damages against State Farm Fire & Casualty Co. after finding
the insurer couldn’t prove its three arguments on appeal to reverse. The award is one of the largest defamation awards
in U.S. history, according to the court.
MoreElectric cooperative owed no duty to injured contractor
April 10, 2013
Jennifer NelsonAn independent contractor injured at a generating station owned by Bloomington-based Hoosier Energy Rural Electric Cooperative
was unable to prove to the Indiana Court of Appeals that the electric cooperative was negligent regarding his injury.
MoreCOA affirms father’s convictions stemming from daughter’s injuries
April 10, 2013
Jennifer NelsonThe Indiana Court of Appeals rejected a St. Joseph County man’s claims that the trial court abused its discretion regarding
the admission and exclusion of certain evidence at his jury trial for charges related to injuries to his infant daughter.
MoreCOA rules trial court cannot exceed scope of plea agreement
April 9, 2013
Marilyn OdendahlA man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention
of restitution, he will not have to pay.
MoreDisfigurement sufficient to affirm aggravated battery conviction
April 9, 2013
Dave StaffordThe Indiana Court of Appeals on Tuesday affirmed a Marion Superior Court conviction in a 2012 stabbing and the 20-year sentence
enhancement the perpetrator received.
MoreMalpractice ruling for hospital remanded to trial court
April 9, 2013
Dave StaffordThe apparent agency of Ball Memorial Health Clinic as it pertains to the alleged malpractice of an affiliated doctor and nurse
practitioner is a fact question the Indiana Court of Appeals sent back to the trial court, which had granted the hospital
summary judgment on the issue.
MoreMexican restaurant owner's $3 million bond reversed, remanded
April 8, 2013
Dave StaffordThe owner of a chain of Mexican restaurants in southeast Indiana charged with numerous crimes will have a lower bond after
the Indiana Court of Appeals ruled a trial court abused its discretion in denying his motion to reduce his $3 million bond.
MoreTaking unauthorized courses online gets displaced worker booted from TAA program
April 8, 2013
Marilyn OdendahlA displaced worker’s enrollment in online classes without permission is grounds for dismissal from the Trade Adjustment
Assistance training program, the Indiana Court of Appeals has ruled.
MoreAppeals court rehearing affirms serious violent felon conviction
April 8, 2013
Dave StaffordAn Indiana Supreme Court ruling that a conviction of possession of a firearm by a serious violent felon cannot have a sentence
enhanced under the habitual offender statute does not apply when the enhancement came for a separate conviction, the Indiana
Court of Appeals held Monday.
MoreEndorsement clause makes insurance policy ambiguous
April 8, 2013
Marilyn OdendahlDescribing an insurance company’s policy as “inherently ambiguous,” the Indiana Court of Appeals has reserved
the summary judgment granted by the trial court.
MoreCOA affirms car forfeiture when owner arrested for iPhone theft
April 8, 2013
Dave StaffordA Wal-Mart worker who tried to steal four iPhones from the store at the end of her workday has no protection from forfeiture
laws that allowed the state to take her car, the Indiana Court of Appeals ruled Monday.
MoreToxicology lab witness’s failure to appear dooms drunken-driving conviction
April 8, 2013
Dave StaffordA Tennessee man’s drunken-driving conviction in Shelby Superior Court was tossed because his trial took place more than
a year after his arrest, largely due to a toxicology lab worker’s failure to appear for scheduled depositions, the Indiana
Court of Appeals ruled Monday.
MorePair convicted in liquor store killing not entitled to DNA evidence
April 8, 2013
Dave StaffordTwo men sentenced more than 20 years ago for murder and Class C felony attempted robbery were not improperly denied post-conviction
relief when they couldn’t obtain DNA evidence they said would prove exculpatory, the Indiana Court of Appeals ruled
Monday.
MoreCourt reverses several theft convictions under single larceny rule
April 4, 2013
Jennifer NelsonAn Orange County man who stole items from a deceased man’s home and sold them had multiple convictions overturned by
the Indiana Court of Appeals, including several theft convictions and failure to report a dead body.
MoreCOA affirms dismissal for lack of personal jurisdiction
April 4, 2013
Jennifer NelsonThe Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort
Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business
from a lawsuit filed here.
MoreTrial court improperly suspended driving privileges for life
April 4, 2013
Jennifer NelsonA Marion Superior Court exceeded statutory authority when it suspended a man’s driving privileges for life, the Indiana
Court of Appeals has held. At the time Thomas Porter was arrested and charged, his driving privileges were suspended for life,
but that was no longer the case when he was sentenced.
MoreJudges rule on contractor dispute over new FBI headquarters
April 4, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration
regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist
upon arbitration.
MoreLake County murder conviction affirmed
April 4, 2013
Jennifer NelsonA Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction
regarding the presumption of innocence, the Indiana Court of Appeals held.
MoreCOA orders bank’s cause of action reinstated
April 4, 2013
Jennifer NelsonA Howard Superior Court erred in denying a bank’s motion for relief from the court’s quiet title decree finding
the bank no longer held any interest in certain real property owned by a divorcing couple, the Indiana Court of Appeals ruled
Thursday.
MoreEvidence supports animal fighting convictions
April 4, 2013
Jennifer NelsonA Shelby County man who claimed his devotion to his religious beliefs required him to breed, raise and fight gamefowl had
his convictions relating to animal fighting upheld by the Indiana Court of Appeals Thursday.
MoreRoche owes Marsh Supermarkets $18M for breaking sublease
April 1, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld judgment Monday in favor of Marsh Supermarkets LLC on its complaint alleging that Roche
breached a contract to sublease space in the Fishers building that houses Marsh’s headquarters.
MoreJudges reaffirm reversal of truck forfeiture in pirated movies case
April 1, 2013
Jennifer NelsonThe Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the judges ruled a man shouldn’t
have had his truck taken by the state because he sold pirated movies from it. But the appellate court again ruled in favor
of Michael Curtis.
MoreCOA budget request delays Appeals on Wheels webcasts
March 28, 2013
Dave StaffordA modest increase requested over the next two budget cycles won’t include technical upgrades to allow webcasts of traveling
Court of Appeals oral arguments, Chief Judge Margret Robb told the Senate Appropriations Committee on Thursday.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.