Indiana Court of Appeals

COA: Lack of warning signs reinstates suit in fatal crash

May 20, 2016
Scott Roberts
The Indiana Court of Appeals found the Hancock County Board of Commissioners was not liable for the way an intersection was designed but found there was an issue of material fact as to whether the county should have installed warning signs there. A man was killed at the intersection in 2009 in a crash with another vehicle, triggering a lawsuit.
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Newborn blood sample case appealed to Indiana’s high court

May 20, 2016
 Associated Press
An Indiana couple seeking the destruction of millions of newborn blood samples stored in a state warehouse is appealing their case to the Indiana Supreme Court. The couple's attorney filed a petition Thursday asking the state high court to take up the case.
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COA: Worker's comp board may overrule medical examiner

May 19, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a Worker's Compensation Board decision that a man did not sustain a cervical injury as a result of a workplace accident. The board was not required to follow treatment recommendations of an independent medical examiner who saw the man after his employer notified him of its intent to terminate temporary total disability benefits.
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COA: Mother’s rights not violated by reasonable efforts order

May 19, 2016
Scott Roberts
The Indiana Court of Appeals ruled an order that reasonable efforts to reunify a mother and her daughter were not necessary did not violate her rights under the Americans with Disabilities Act or the Rehabilitation Act and affirmed judgment of the trial court.
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COA upholds contempt charges in video conference

May 19, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man's contempt of court charges after it found just because a man was on video didn't mean he couldn't commit contempt, and the evidence was enough to uphold the charges.
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Ex-credit union chief loses defamation per se appeal

May 18, 2016
Scott Roberts
The Indiana Court of Appeals affirmed summary judgment for an employer after the president of a company was fired over an executive's hotline call. The president claimed defamation per se and considered the hotline company liable, but the COA ruled comments made during the call were not defamatory.
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COA reinstates ex-boyfriend's complaint for damages

May 18, 2016
Scott Roberts
The Indiana Court of Appeals found a man's complaints for compensation against his girlfriend for work he did on two houses, including a house they both lived in, should not have been dismissed. The case was remanded to the trial court.
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COA: Search under probation did not violate Fourth Amendment

May 18, 2016
Scott Roberts
The Indiana Court of Appeals found a warrantless search of property did not violate a man's Fourth Amendment and Indiana Constitutional rights and upheld the denial of his motion to suppress evidence after he was convicted of two methamphetamine counts.
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COA upholds conviction, trims sentence in heroin case

May 18, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man's conviction but reduced his sentence for dealing heroin even though he didn't actually participate in the transaction in one of the counts.
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COA: Evidence obtained during welfare check is admissible

May 17, 2016
Scott Roberts

The Indiana Court of Appeals ruled evidence from a search where police officers went into a house without a warrant to check on the children was valid evidence at trial and affirmed denial of a woman’s motion to suppress.

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Appraiser has no duty of care to real estate seller

May 16, 2016
Scott Roberts
The Indiana Court of Appeals ruled an appraiser has no duty of care to a seller after he appraised a house for much less than the proposed purchase price. The COA upheld summary judgment for the appraiser in a case where the seller alleged negligence, fraud and slander of title.
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Justices deadlock 2-2 on transfer in two cases

May 16, 2016
Scott Roberts
The Indiana Supreme Court deadlocked on one case after oral arguments and denied transfer to another after a 2-2 vote in the court's list of transfer dispositions for the week ending May 13. The split vote in the absence of a fifth justice reinstates rulings of the Indiana Court of Appeals.
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COA: Lack of release advisement was harmless error

May 13, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court’s failure to advise a man of his possible release dates was harmless error and affirmed his sentence for two felonies.
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Judges say order for DCS interviews with children should not have happened

May 12, 2016
Scott Roberts
The Indiana Department of Child Services for Crawford County should not have been granted the opportunity to interview two children, the Indiana Court of Appeals ruled, because the order doing so violates their mother’s right to raise her family without undue interference by the state.
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Recorded conversation, conviction are admissible evidence, COA holds

May 12, 2016
Scott Roberts
An audiotape of phone conversations between a suspect and the victim’s mother while he was in jail and a testimony from the victim’s mother that she was convicted of assisting a criminal were admissible evidence in a child abuse case, the Indiana Court of Appeals ruled.
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COA upholds denial of post-conviction relief petition

May 12, 2016
Scott Roberts
The Indiana Court of Appeals upheld the denial of a man’s post-conviction relief petition after it found any ineffectiveness of counsel the man received did not affect the outcome of his case in his decision to plead guilty to Class A felony neglect of a dependent.
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COA: Stop violated 4th Amendment

May 12, 2016
Scott Roberts
A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.
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COA: Child’s name can be changed

May 11, 2016
Scott Roberts
A father can change the last name of a child to his despite the protests of the mother, the Indiana Court of Appeals ruled Wednesday.
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COA upholds charges in robbery, assault case

May 10, 2016
The Indiana Court of Appeals upheld a man’s robbery, intimidation, rape, sexual assault and other convictions stemming from an October 2013 break-in after it found his convictions did not violate the single larceny and continuous crime doctrines.
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Appellate pleadings and motions going online pushed to July 1

May 9, 2016
Scott Roberts
In its third meeting, the Advisory Task Force on Remote Access to and Privacy of Electronic Court Records shifted discussion to what types of trial court cases should be made available online at mycase.in.gov and any potential issues in doing so.
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COA: Defense lawyer’s ‘questionable’ conduct not reversible error

May 6, 2016
Dave Stafford
A defense attorney who provided evidence to the state of her client’s involvement in a separate case where he was one of six people charged with brutalizing and sexually assaulting members of an Indianapolis family in their home did not commit reversible error, the Indiana Court of Appeals ruled Friday.
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Split COA reinstates suit of pedestrian hit by deputy’s vehicle

May 6, 2016
Dave Stafford
A man who was walking on the wrong side of the road in dark clothes at night and was struck by a Marion County deputy driving a jail transport vehicle may pursue his negligence claim, a divided Indiana Court of Appeals panel ruled Friday, reversing the trial court.
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Appellate courts host free bicentennial CLE program

May 6, 2016
IL Staff
The Indiana Supreme Court and Indiana Court of Appeals will host a free one-hour continuing legal education program from 3 to 4 p.m. Thursday, May 19 in the Supreme Court Courtroom.
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Appeals court reverses its decision on partition fences

May 5, 2016
Scott Roberts
A divided Indiana Court of Appeals overturned an earlier decision Thursday, finding residents that border a property where a man wants to build fences to keep his cattle in must help fund the fences because they are partition fences and fall under Indiana Code 32-26-9.
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COA: Sentence appropriate for officer involved in deadly accident

May 5, 2016
Scott RobertsMore
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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