Indiana Court of Appeals

Evidence does not support CHINS finding

April 30, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after finding the parents have improved their living situation that led to their three other children being removed. 
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Judges affirm dismissal of city’s counterclaim without prejudice

April 30, 2013
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a dismissal based on the failure to provide an appraisal with an offer to purchase property for road work improvements was not an adjudication on the merits, allowing a city’s counterclaim for appropriation of the property to be dismissed without prejudice.
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Right to Farm Act bars CAFO nuisance claim, appeals court rules

April 30, 2013
Dave Stafford
A Gibson County farmer may not bring a nuisance claim against a neighboring dairy that dramatically expanded its operations to what he called a “factory-like ‘mega-farm,’” the Indiana Court of Appeals ruled.
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Suspended attorney stripped of quiet title to foreclosed home he repaired

April 30, 2013
Dave Stafford
A suspended Gary attorney who was awarded a quiet title to an abandoned, foreclosed property after he entered a house without authorization and began to maintain it was stripped of the title Tuesday by the Indiana Court of Appeals.
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COA: No error in denying reckless homicide instruction

April 30, 2013
Jennifer Nelson
The evidence presented at trial did not support a defendant’s request to instruct the jury on reckless homicide as a lesser offense of murder, the Indiana Court of Appeals ruled.
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Lawyers’ divorce battle divides COA on joint custody ruling

April 30, 2013
Dave Stafford
A lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’ daughter.
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Law firm not entitled to summary judgment on complaint seeking payment

April 30, 2013
Jennifer Nelson
Finding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s complaint for payment.
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Summary judgments on federal preemption are reversible error

April 30, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found an exterminator and the insecticide maker should not have been granted summary judgments on the issue of federal preemption.
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Vincennes did not breach contract with men’s basketball coach

April 30, 2013
Jennifer Nelson
The Indiana Court of Appeals concluded Tuesday that summary judgment should have been granted in favor of Vincennes University on a former basketball coach’s lawsuit alleging breach of contract after the university did not renew his contract for the following year.
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Child support case presents issue of first impression

April 26, 2013
Jennifer Nelson
The Indiana Court of Appeals was presented with an issue for the first time: whether a child support order should be reduced for the time a child is living on campus when a court has found that the child has repudiated the non-custodial parent, and on that basis refused to enter an educational support order.
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Court split over whether petition for review should be dismissed

April 26, 2013
Jennifer Nelson
The dissenting judge in a case involving the dismissal of a company’s petition for judicial review of a decision by the Alcohol and Tobacco Commission believed the petition must be dismissed based on the language of the Administrative Orders and Procedures Act. The majority ordered resolution of the issue on the merits.
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Man entitled to benefits for injuries sustained on the job

April 26, 2013
Jennifer Nelson
Finding that a construction supervisor’s receipt of unemployment benefits didn’t preclude him from eligibility for temporary total disability benefits, the Indiana Court of Appeals affirmed a total award of more than $61,000 to the injured worker.
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COA: Glove not enough to convict man of burglary

April 25, 2013
Jennifer Nelson
Worried that upholding a man’s conviction based solely on DNA presence on a glove found at a crime scene would create a precedent for criminals to frame someone else, the Indiana Court of Appeals reversed a burglary conviction out of St. Joseph County. 
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Court affirms murder conviction of man who killed stepdaughter

April 24, 2013
Jennifer Nelson
A southern Indiana man was not able to convince the Indiana Court of Appeals that the court should overturn his convictions of murder and other charges for stabbing his stepdaughter.
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Habitual traffic violator’s conviction upheld

April 24, 2013
Jennifer Nelson
Inaction by the Bureau of Motor Vehicles to update a man’s driving record to reflect his lifetime suspended license is not enough to nullify a statutory requirement that his lifetime suspension be imposed, the Indiana Court of Appeals ruled Wednesday.
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COA: Driving to avoid potholes isn’t enough to stop car

April 24, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the suppression of evidence in a man’s drunken-driving case, finding police did not have reasonable suspicion to pull the man over because he was driving left of center on a county road to avoid poor road conditions.
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Women Lawyers Association to honor Rush, female jurists

April 24, 2013
IL Staff
The Lake County-based Women Lawyers Association will pay tribute to Indiana Justice Loretta Rush, the state’s second female justice, during a reception next month.
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COA says argument over wording of robbery statute is issue of first impression

April 23, 2013
Marilyn Odendahl
An argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.
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Admission of violation is too little to revoke probation

April 23, 2013
Marilyn Odendahl
A Marion County man’s admission of a probation violation is not enough to revoke his probation without an evidentiary hearing, the Indiana Court of Appeals has ruled.
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Court of Appeals rethinks previous opinion on traffic stops

April 23, 2013
Marilyn Odendahl
Citing several cases from other jurisdictions, the Indiana Court of Appeals concluded that brief contact with the fog line or swerving within a lane ordinarily is not sufficient to establish reasonable suspicion of impaired driving.
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Trial court should have booted the bloody shoe, but conviction stands

April 22, 2013
Marilyn Odendahl
The Indiana Court of Appeals agreed with a convicted murderer that his bloody shoe should not have been admitted into evidence, but the judges did not overturn the conviction, ruling other substantial independent evidence supported the guilty verdict.
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Self-defense claim of man who killed 2 fails on appeal

April 19, 2013
Dave Stafford
An Indianapolis man’s claim that the state failed to disprove his claim of self defense did not persuade the Indiana Court of Appeals to revisit his two murder convictions and sentence of 115 years in prison.
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Appeals court overturns suppression of evidence gathered in search

April 19, 2013
Dave Stafford
A special judge in Orange Circuit Court erred in suppressing evidence obtained during the execution of a search warrant that led to a man’s arrest on Class D felony charges of possession of marijuana, the Indiana Court of Appeals ruled Friday.
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Mother, wife could consent to search of home for meth

April 18, 2013
Jennifer Nelson
A man convicted of making methamphetamine objected to his conviction, arguing that his mother, who he claims has Alzheimer’s disease, and his wife did not have the authority to allow police to search his home on the report he was making the drug.
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Court orders more proceedings on laborer’s pay

April 18, 2013
Jennifer Nelson
The Boone Superior Court will need to take another look at a man’s lawsuit against R.L. Turner Corporation that claimed he was underpaid by the company for labor he provided on two public works projects, the Indiana Court of Appeals ruled Thursday.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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