Indiana Court of Appeals

Man who spat in woman’s face loses appeal

April 6, 2017
Olivia Covington
The Indiana Court of Appeals has confirmed a battery conviction against a man who spat in a woman’s face after finding that minor discrepancies in the charging information and evidence at trial did not undermine the case.
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Court lets IPL rate increases stand

April 5, 2017
Olivia Covington
An approved rate change for Indianapolis Power & Light customers will stand after the Indiana Court of Appeals rejected the appeal of various advocacy groups on Wednesday.
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COA affirms neglect conviction against man with intellectual disability

April 4, 2017
Olivia Covington
The Indiana Court of Appeals affirmed the felony neglect conviction of a Wayne County man with a mild intellectual disability, finding that the state presented sufficient evidence to prove that he knowingly neglected his child leading to the boy’s death, and that the testimony of two medical experts was proper.
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COA to hold oral arguments at Valparaiso

April 3, 2017
IL Staff
The Indiana Court of Appeals “Appeals on Wheels” program will take the state’s second-highest court to Valparaiso this week.
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Divided COA reverses CHINS finding

March 30, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed a CHINS determination after finding the Department of Child Services failed to meet its burden of proof, though one judge believed the trial court was acting in the child’s best interests.
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COA: Trial court imposed restrictive standard for remonstrance petition

March 30, 2017
Olivia Covington
The Perry Circuit Court imposed too strict of a standard on a group of property owners when it denied their remonstrance petition because some of the signatures did not exactly match the signatures on tax duplicates, the Indiana Court of Appeals decided Thursday.
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Fired worker still entitled to temporary disability benefits

March 30, 2017
Olivia Covington
A worker who was injured on the job and was later fired for cause is still entitled to disability benefits, despite his misconduct, the Indiana Court of Appeals has ruled.
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No constitutional violations at man’s drug trial, COA rules

March 30, 2017
Olivia Covington
A Warrick County man who claimed multiple constitutional violations prejudiced him at his trial for drug crimes failed to prove those violations, the Indiana Court of Appeals decided Thursday.
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COA sends property zoning dispute back to local BZA

March 30, 2017
Olivia Covington
A property zoning dispute has been remanded to the Jeffersonville Board of Zoning Appeals after the Indiana Court of Appeals found Thursday that BZA members did not enter proper findings of fact when handing down an adverse decision.
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COA affirms attempted murder conviction

March 30, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s attempted murder conviction after finding that the court was not required to give the jury a specific instruction on unanimity.
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COA: Allowing removal of prosthetic eye not an abuse of discretion

March 29, 2017
Olivia Covington
A trial court’s decision to allow a woman to remove her prosthetic eye in the presence of the jury in a battery case was not an abuse of discretion because the relevancy of the demonstration was not outweighed by possible prejudice against the defendant, the Indiana Court of Appeals held Wednesday.
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COA affirms drug conviction, sentence

March 29, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a southern Indiana man’s drug conviction and sentence after finding that the admission of certain evidence did not violate the man’s constitutional rights.
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Delinquency findings upheld against student who threatened to bomb school

March 29, 2017
Olivia Covington
The Marion Superior Court did not abuse its discretion when it admitted incriminating statements from a 13-year-old who threatened to bomb his school, the Indiana Court of Appeals has found, because the in-school interrogation of the student did not trigger a Miranda warning.
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COA affirms judgment for insurance company in work zone complaint

March 28, 2017
Olivia Covington
Summary judgment was properly awarded to an insurance company that denied a request to defend a construction company in a negligence suit, the Indiana Court of Appeals found Tuesday. The judges ruled the terms of the policy only obligated the insurance company after a certain amount of damages had been paid.
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Supreme Court takes multiple evidence admissibility appeals

March 27, 2017
Olivia Covington
The Indiana Supreme Court granted transfer to four appeals last week, three of which hinge on admissibility of certain evidence at the trial court.
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COA remands child support case

March 27, 2017
Olivia Covington
An Indiana trial court did not err in finding a Marion County father is voluntarily underemployed, yet it failed to consider evidence of the father’s prevailing job opportunities or earnings level, the Indiana Court of Appeals found Monday.
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COA awards summary judgment to city in mountain bike liability case

March 23, 2017
Olivia Covington
The Indiana Court of Appeals granted summary judgment in favor of the city of Indianapolis and Indy Parks and Recreation department after determining that the city was not liable for injuries sustained by a mountain biker as he was riding on a city-owned trail.
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Parents lose constitutional challenge of post-secondary school expenses

March 22, 2017
Jennifer Nelson
Bound by precedent, the Indiana Court of Appeals declined to find the statute allowing courts to impose post-secondary educational expenses on divorced parents is unconstitutional. The parents had argued the statute needs another look.
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COA rules park with no playground cannot enhance drug conviction

March 22, 2017
Marilyn Odendahl
A split Indiana Court of Appeals, divided over whether a park with no trees, no playground equipment and no benches could attract children during a school day, reversed a man’s conviction for Level 4 felony dealing in methamphetamine.
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Fitness to parent raised in man’s fatal neglect appeal

March 22, 2017
Dave Stafford
A man whose 4-month-old son died of malnutrition asked an appeals court to consider whether he was mentally capable of caring for the child while also invoking the jury’s right to question witnesses in contesting his conviction and 37-year sentence.
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Paying dues under right-to-work

March 22, 2017
Olivia Covington
Drivers claim illegal union withholdings in case where checkoff cards are key.
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Overruling COA, justices decide Florida law group must face suit

March 21, 2017
Dave Stafford
A Florida law group that hired several Indiana attorneys to represent clients in foreclosures and bankruptcies must face a civil lawsuit, the Indiana Supreme Court ruled Tuesday.
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Adjudicating on different CHINS petition allowed under Trial Rule 15(B), COA rules

March 21, 2017
Marilyn Odendahl
A troubled teenager found to be a child in need of services was properly adjudicated even though the juvenile court ruled the state did not meet its burden in proving the basis of its CHINS petition.
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Appeals court reverses CHINS finding

March 21, 2017
Dave Stafford
A trial court erred in declaring a boy in the custody of his father to be a child in need of services on account of his meth-abusing mother, the Indiana Court of Appeals ruled Tuesday.
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COA orders new attempted murder trial

March 17, 2017
Olivia Covington
The Indiana Court of Appeals has ordered a new trial in a Greene County attempted murder case after finding the trial court incorrectly applied the standard of a “knowing” mens rea, rather than a “specific intent to kill.”
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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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