Indiana Court of Appeals

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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COA: Decision will not have ‘unintended consequences’

April 18, 2016
Scott Roberts
The Indiana Court of Appeals said a decision in a case that allows prisoners in an offender work program to enforce the statutory wage requirement would not have “unintended consequences” and reaffirmed its decision on rehearing.
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COA: Marijuana evidence obtained during illegal search

April 18, 2016
Scott Roberts
The Indiana Court of Appeals reversed a man’s conviction of marijuana with intent to deliver in an amount greater than 10 pounds after it found the trial court abused its discretion by admitting evidence that violated his Fourth Amendment rights to unreasonable searches and seizures.
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COA: Man entitled to refund after property reclaimed

April 15, 2016
Scott Roberts
The Indiana Court of Appeals reversed a Vanderburgh Superior trial court Friday, ruling a man can claim a refund after the property he bought at a tax sale was reclaimed by the owner due to a clerical error.
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COA: Fees can be charged in case without indigency hearing

April 14, 2016
Scott Roberts
The Indiana Court of Appeals said an indigency hearing is not required before determining fees in a court case, though it should be conducted at some point, in a case where a man was charged more than $1,000 in court fees without a hearing. It also said the court cannot impose requirements that he maintain a “C” average in his school and have full-time employment.
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COA: Venue convenience does not trump precedence

April 13, 2016
Scott Roberts
The Indiana Court of Appeals said convenience does not trump precedence and reversed and remanded a transfer of venue that would have taken an auto insurance complaint from Marion to Johnson County.
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E-filing pleadings to be mandatory July 1

April 12, 2016
After deciding last week all appellate pleadings and motions would be available online at mycase.in.gov within the next 60 days, the Indiana Supreme Court announced Tuesday electronic filing of all pleadings to pending cases will become mandatory for all attorneys in Indiana appellate courts as well as Hamilton County Circuit and Superior Courts July 1.
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COA: Commissions do not qualify as wages under Wage Payment Statute

April 11, 2016
Scott Roberts
The Indiana Court of Appeals found commissions paid to a woman who was working as a salesperson at a furniture store did not qualify as wages, and therefore granted summary judgment to the store. The woman claimed her commission payments were not paid within the 10-day limit required under the Indiana Wage Payment Statute.
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Appellate pleadings, motions to be put online sometime in next 60 days

April 11, 2016
Scott Roberts
The Indiana Supreme Court task force created to look into remote access and privacy of electronic records has decided appellate pleadings and motions filed by attorneys will be put online at mycase.in.gov sometime within the next 60 days
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COA: Statute of limitations prevents business partner’s lawsuit

April 7, 2016
Scott Roberts
The Indiana Court of Appeals upheld summary judgment for a man who left one business partnership and started another and was later sued, ruling the statute of limitations on the disgruntled partner’s lawsuit had expired on both of his claims.
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COA: Agreed judgment not appealable

April 7, 2016
Scott Roberts
The Indiana Court of Appeals said an agreed judgment is not appealable and reversed a Marion Superior Court decision that ruled in favor of a woman who prolonged judgment in the court so she wouldn’t have to pay $850 in medical bills and fees.
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COA: Man can keep $25,000 deposit

April 6, 2016
Scott Roberts
A man can keep the $25,000 deposit paid to him after a real estate sale did not through, the Indiana Court of Appeals ruled Wednesday. The contract the parties entered into was enforceable and did not specify financing as part of the sale.
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COA: Woman’s motion in divorce case can stand

April 6, 2016
Scott Roberts
The Indiana Court of Appeals ruled a woman seek to modify a divorce agreement after she found her husband hid more than $1 million in undisclosed assets five years later.
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  1. 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

  2. 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

  3. 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

  4. 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.

  5. I totally agree with John Smith.

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