Indiana Court of Appeals

Husband’s agreement doesn’t preclude judgment against wife

June 4, 2014
Jennifer Nelson
A company is allowed to sue both parties who executed a promissory note seeking recovery of owed funds because it will still only be entitled to one satisfaction on the debt, the Indiana Court of Appeals ruled Wednesday.
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Court rules gynecologist can’t testify on mental competency

June 4, 2014
Jennifer Nelson
A bank is able to foreclose on a mortgage against the estate of a deceased 95-year-old woman who opened the line of credit to pay her granddaughter to take care of her. But the elderly woman’s daughter argued the granddaughter unduly influenced Mildred Borgwald to open the account.
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COA orders trial over 1 issue in contaminated development land suit

June 4, 2014
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial on the issue of whether the known loss doctrine would bar coverage of an insurance policy held by the owner of land sold for a housing development that later was found to have been contaminated with toxic waste. A builder sued the landowner, claiming he knew of the potential contamination and failed to inform the builder.
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No abuse by trial court in modifying maintenance payment terms

June 4, 2014
Jennifer Nelson
The Indiana Court of Appeals held that a trial court did not abuse its discretion when it denied a man’s petition to revoke spousal maintenance.
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COA affirms court order in trailer ownership and use dispute

June 3, 2014
Dave Stafford
A court that granted relief from a previous order in a dispute over the ownership and use of 119 semi-trailers was affirmed Tuesday by the Indiana Court of Appeals.
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Prosecutor’s ‘continual misconduct’ warrants new molestation trial

June 2, 2014
Dave Stafford
A man’s child molesting convictions were vacated and he was granted a new trial by the Indiana Court of Appeals, which found prosecutorial misconduct amounting to fundamental error. It’s the second reversal and remand attributable to the same prosecutor, the court noted.
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Admitting rifle into evidence not abuse of discretion, COA rules

May 30, 2014
Marilyn Odendahl
Telling the jury that an assault rifle was found in the car of the defendant did not unduly prejudice the jurors, the Indiana Court of Appeals has ruled.
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COA affirms remand to prior judge over father’s objection

May 30, 2014
Dave Stafford
A special judge appointed in a paternity case ruled correctly that matters in the case remanded by the Court of Appeals should be heard by the prior judge who heard the evidence, the appellate court held in a second appeal on the matter.
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COA: Hip-replacement tort cases must be heard where implants were done

May 30, 2014
Dave Stafford

Plaintiffs from Mississippi and Virginia may not pursue litigation in Marion County over defective replacement hip devices manufactured in northern Indiana, the Court of Appeals ruled Friday.

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Justifiable reason to stop driver enough to confirm subsequent conviction

May 30, 2014
Dave Stafford
Although a police officer began following a pick-up truck after he mistakenly ran the wrong license plate number, the driver’s conviction will stand because the officer did not initiate the stop until he observed the driver make a traffic violation.
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Baker to mark 25 years on Court of Appeals

May 30, 2014
IL Staff
The longest-serving current judge on Indiana’s Court of Appeals will mark his 25th year on the appellate bench June 2.
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Man kicked out of community corrections for assaulting inmate loses appeal

May 29, 2014
Jennifer Nelson
A community corrections program has the authority to not accept a man after being released from prison because he kicked another inmate in the face while assigned to a community transition program, the Indiana Court of Appeals held Thursday.
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Judges affirm expungement of sheriff deputy’s arrest

May 29, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a trial court’s decision to grant a sheriff deputy’s petition for expungement of his arrest record dealing with four counts of Class D felony theft. His employer argued that he received pay from the police force while working at other jobs.
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Sisters can’t prove brother unduly influenced mother in crafting estate plan

May 29, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the order by a trial court that the execution of an option contract by a woman to her son was enforceable. The woman’s daughters claimed the contract was a result of undue influence.
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Teen must pay for electronic monitoring device through community service

May 28, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld the order by a juvenile court that required a teen who cut off her electronic monitoring device to make restitution for the device through community service.
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Judges reverse convictions due to Batson challenge error

May 28, 2014
Jennifer Nelson
A Marion County trial court erred when it overruled a man’s Batson challenge contesting the state’s use of a peremptory challenge to strike an African-American juror, the Indiana Court of Appeals held Wednesday. The appeals court overturned Tyrece Robertson’s convictions and ordered a new trial.
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COA orders new hearing due to lack of proof notice was mailed

May 28, 2014
Jennifer Nelson
The Indiana Court of Appeals ordered a new evidentiary hearing on the merits of a woman’s application for unemployment benefits after holding that the Department of Workforce Development didn’t prove that it mailed notice of a hearing to the woman.
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Man’s expungement petition properly denied, COA rules

May 28, 2014
Jennifer Nelson
Because a Marion County man admitted to violating the terms of his probation twice, he cannot meet the requirements of the expungement statute, the Indiana Court of Appeals ruled Wednesday, so the trial court properly denied his petition to expunge his conviction.
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Court must consider man’s motion to prohibit release of criminal record

May 27, 2014
Jennifer Nelson
Because a man filed his motion to prohibit the release of his criminal record before the Indiana Legislature repealed the relevant statute, the Indiana Court of Appeals ordered the Hancock Superior Court to consider the motion.
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Court rules in favor of fraternity in lawsuit following assault

May 23, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed summary judgment in favor of a fraternity whose members lived in a Terre Haute private residence where a man visiting for a party was assaulted. The victim claimed the fraternity should be liable because members of the college chapter lived at the home and had some chapter items at the residence.
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Court affirms woman is ‘gravely disabled’ requiring involuntary commitment

May 23, 2014
Jennifer Nelson
The Indiana Court of Appeals declined to reweigh the evidence used to find a woman needed to be involuntarily committed because she was gravely disabled after claiming she was bitten by poisonous spiders in her home for the fourth time.
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Majority finds man entrapped to patronize prostitute

May 23, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed a misdemeanor conviction for patronizing a prostitute, with two judges ruling the state was unable to rebut the man’s entrapment defense by showing he had a history of trying to buy sex.
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Judges reverse woman’s resisting law enforcement conviction

May 22, 2014
Jennifer Nelson
Opening a police officer’s car door and refusing to place one’s feet inside the car are not acts constituting forcible resistance, the Indiana Court of Appeals ruled Thursday. The judges reversed a Miami County woman’s conviction of resisting law enforcement.
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Prosecutor’s comments on defendant not testifying don’t require reversal

May 22, 2014
Jennifer Nelson
The Indiana Court of Appeals, in addressing a defendant’s claims of prosecutorial misconduct, found that any misconduct committed was a harmless error and does not require criminal deviate conduct and sexual battery convictions to be overturned.
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Seizure of man’s clothing from hospital not unconstitutional

May 22, 2014
Jennifer Nelson

A detective’s seizure of a bag of clothing worn by a man who was shot – and later considered a suspect in a murder – and the admission of that clothing into evidence did not violate the man’s federal or state constitutional rights, the Indiana Court of Appeals concluded Thursday.

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