Indiana Court of Appeals
COA: Court properly denied instruction on innocence
March 5, 2013
Jennifer NelsonA Lake Superior Court did not abuse its discretion in denying a jury instruction on the presumption of innocence submitted
by a man on trial for murder and neglect of a dependent, the Indiana Court of Appeals ruled Tuesday.
MoreMan to get new trial because of counsel’s performance
March 4, 2013
Jennifer NelsonBecause the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,”
the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.
More5 sitting jurists to judge moot court competition Friday
March 1, 2013
Jennifer NelsonA panel of distinguished judges, including one from the 7th Circuit Court of Appeals, will be on hand Friday evening to hear
final arguments in a case involving judicial recusal and eminent domain as part of the Indiana University Maurer School of
Law Sherman Minton Moot Court Competition.
MoreJudges uphold refund to pilot unhappy with plane rental’s service
February 28, 2013
Jennifer NelsonA man who prepaid into an account to be used when he rented planes to fly is entitled to a refund of $1,755.88 from a company
offering flight instruction and rentals, the Indiana Court of Appeals ruled. The judges rejected the company’s claims
that the small claims court erred by ruling in the pilot’s favor.
MoreRehearing sidesteps state’s claims in battery case
February 28, 2013
Jennifer NelsonOn a petition for rehearing, the state claimed a recent decision by the Indiana Court of Appeals held that “a social
worker would always be a declarant in child abuse cases, even when the social worker is merely a scribe.” But the judges
disagreed and decided that this particular case is not the proper one to make such a blanket determination.
MoreMan’s 100-year sentence for impregnating stepdaughter, dealing drugs upheld
February 28, 2013
Jennifer NelsonAfter pleading guilty to child molesting and dealing in hydrocodone, a Dearborn County man was unable to convince the Indiana
Court of Appeals Thursday that his 100-year aggregate sentence should be reduced.
More401(k) contributions are income for child support calculation
February 28, 2013
Jennifer NelsonThe Indiana Court of Appeals Thursday affirmed that the money a father contributed to his 401(k) account during his marriage
may be included as income for purposes as determining child support.
MoreAmendment to law allows father to terminate child support
February 28, 2013
An amendment to Indiana Code last year lowering the age child support may be terminated to 19 trumped a previous dissolution
decree that said a father must pay support for his son until he turns 21, the Indiana Court of Appeals has decided.
MoreCOA upholds award of attorney fees but orders damages amount reduced against construction company
February 27, 2013
Jennifer NelsonA claimed scrivener’s error on the Secretary of State’s website should not be held against the couple filing the
lawsuit against a company, the Indiana Court of Appeals held. The error involving an incorrect address on the website was
made by an employee of the company being sued more than two years before the suit was filed.
MoreJudges uphold man’s convictions for stealing from neighbor
February 27, 2013
Jennifer NelsonLamont Holloway argued that the state didn’t prove that he was the one who stole a television and gaming system from
his neighbor, but the Indiana Court of Appeals held that the evidence supports his burglary and theft convictions.
MoreMan’s attempts to establish paternity denied
February 27, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed denial of a mother’s two motions to dismiss her child’s father’s paternity
actions instituted after her husband attempted to adopt the child.
MoreCompany loses inverse condemnation claim
February 27, 2013
Jennifer NelsonThe 17-month period beginning when a Terre Haute Board of Zoning Appeals ordered a company seeking a special exception to
provide public water to surrounding homes and ending when that condition was overturned by a judge did not constitute inverse
condemnation, the Indiana Court of Appeals held Wednesday.
MoreCOA instructs trial court to vacate 2 convictions of child molestation
February 26, 2013
Marilyn OdendahlThe Indiana Court of Appeals threw out two charges and sent a case back to the trial court after the state admitted that it
did not intend to charge the defendant with four separate acts of child molestation.
MoreTrial court denied due process in revoking probation
February 26, 2013
Dave StaffordA man whose probation was revoked without an evidentiary hearing after he walked away from an inpatient alcohol treatment
program imposed by the court will receive a new hearing.
MoreConsecutive sentences in drug buy case ruled inappropriate
February 26, 2013
Dave StaffordA man sentenced to 40 years in prison after he sold crack cocaine to undercover agents in two separate controlled buys received
an inappropriate punishment, the Court of Appeals ruled Tuesday.
MoreFelon’s convictions, multiple sentence enhancements affirmed
February 26, 2013
Dave StaffordA sentence of 12 years with a year suspended was not inappropriate for a man who stole an idling car from a Lafayette convenience
store and later resisted police, punched a police dog and threatened officers.
MoreTrouble with the Curves: Ex-husband still owes for franchise’s default
February 26, 2013
Dave StaffordA couple’s failure to inform a landlord of their divorce doesn’t excuse the ex-husband from a default judgment
on rent payments for a health club that his former wife continued to run.
MoreTransferred intent instruction not error in domestic violence trial
February 25, 2013
Dave StaffordAn Elkhart County man’s conviction for domestic battery stands after the Indiana Court of Appeals ruled Monday that
a jury instruction on the doctrine of transferred intent was not an abuse of discretion.
MoreInterstate defendant denied due process in hasty sentencing trip
February 22, 2013
Dave StaffordA Kentucky inmate brought to an Indiana court for sentencing on four burglary counts to which he pleaded guilty was deprived
due process when his new attorney was given only minutes to prepare, the Court of Appeals ruled.
MoreOfficer’s inclusion of victim’s statements did not violate Confrontation Clause
February 22, 2013
Marilyn OdendahlThe Indiana Court of Appeals has ruled that a police officer’s testimony that incorporated statements from the victim
did not violate the defendant’s right to be confronted with the witnesses against him.
MoreChange to public intoxication statute not retroactive
February 22, 2013
Dave StaffordA woman convicted of public intoxication may not receive relief from a change in the statute that took effect a day before
her bench trial.
MoreCOA answers first impression issue on custodial statements
February 21, 2013
Jennifer NelsonA defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in
custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t
available at trial as required by Indiana Evidence Rule 617.
MoreCourt reverses DCS order requiring mother to take prescribed meds
February 20, 2013
Jennifer NelsonA mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals
Wednesday.
MoreLife sentence upheld by Court of Appeals
February 20, 2013
Jennifer NelsonA Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest
of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition
for post-conviction relief based on ineffective assistance of counsel.
MoreCOA orders hearing on man’s request to remove name from JTAC website
February 20, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled that it has no authority to remove a man’s name from the Judicial Technology and
Automation Committee website and law enforcement databases after a protective order against him was dismissed. But the judges
remanded for a hearing before the trial court on David Cook’s claims.
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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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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.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!