Indiana Court of Appeals

Although unlicensed in county, contractor still owed for work

May 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a contractor violated the Home Improvement Contracts Act when he misled a family into thinking he was locally licensed and voided the contract between the two. However, the court said he should still be paid for the work he did because the family would be unjustly enriched if he was not paid.
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Contract’s ambiguities win homeowners a reversal

May 31, 2016
Marilyn Odendahl
Owners of a shabbily built house will get another chance to hold their architects accountable for the construction headaches after the Indiana Court of Appeals found there are questions of material fact that should be considered.
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COA affirms child care worker’s convictions of sex with minors

May 31, 2016
Dave Stafford
A Putnam County man convicted of multiple counts of sex with minors under his care failed to convince the Indiana Court of Appeals that evidence against him was improperly admitted in his bench trial.
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Stepfather who proved paternity can’t deprive ex of joint custody

May 31, 2016
Dave Stafford
A man who fathered a child while the mother was married to another man lost his appeal Tuesday that sought relief from a court order concerning the child's custody.
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Indiana Supreme Court deadlocks on protective order case

May 27, 2016
Scott Roberts
The Indiana Supreme Court reinstated an Indiana Court of Appeals decision in a protection order case it took on transfer after the four justices deadlocked on how to resolve the case.
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COA upholds adoption venue transfer

May 26, 2016
Scott Roberts
The Indiana Court of Appeals upheld transfer of an adoption petition from Greene to Monroe County Circuit Court, ruling Monroe was the preferred venue because of other cases related to the petition that also were happening there.
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COA: Man did not have expectation of privacy after he was tracked by GPS

May 26, 2016
Scott Roberts
Tracking of man by GPS did not violate his Fourth Amendment or Indiana constitutional rights, the Court of Appeals ruled, because he did not have a reasonable expectation of privacy. The appellate court upheld Joseph Sidener's Class C felony burglary conviction and the finding he is an habitual offender.
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COA rules DCS has duty to protect caller’s identity

May 26, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a 2-1 decision the Indiana Department of Child Services had a duty to protect a man’s identity after he called the DCS hotline and reported his neighbors’ children as children in need of services.
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COA: Gun evidence lawfully obtained

May 25, 2016
Scott Roberts
In its third Fourth Amendment case in two weeks, the Indiana Court of Appeals ruled evidence obtained during a stop of a man who was loitering around an apartment complex and then left suspiciously was lawfully seized. The judges affirmed the trial court’s denial of his motion to suppress on interlocutory appeal.
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Divided COA rules karate kick is an issue of material fact

May 24, 2016
Scott Roberts
The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.
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Property manager not liable in drunken driving crash, COA holds

May 24, 2016
Scott Roberts
The Indiana Court of Appeals ruled the property management company of a Camby bar has no duty of care to a woman who was seriously injured in a car accident in which she and the driver were intoxicated.
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Court of Appeals hears woman's appeal of feticide conviction

May 24, 2016
 Associated Press
Indiana appeals court judges grilled an attorney for the state Monday over whether there was evidence a woman found guilty of neglect and feticide in a self-induced abortion knew she had given birth to a live child.
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COA divided over general contractor’s duty to provide safe workplace

May 23, 2016
Jennifer Nelson
The Indiana Court of Appeals voted 2-1 Monday to affirm summary judgment in favor of the general contractor of a Lafayette Gander Mountain project where a subcontractor’s employee was injured. The majority concluded the general contractor did not have a non-delegable contractual duty toward the injured worker.
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COA deals blow to AG’s foreclosure lawyer consumer suit

May 23, 2016
Dave Stafford
An effectively disbarred Florida attorney whose company hired Indiana lawyers to represent people in foreclosures must face a consumer lawsuit brought by the Indiana Attorney General’s Office, but her company is largely exempted, the Indiana Court of Appeals ruled Monday.
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Molest conviction affirmed; habitual offender waiver remanded

May 23, 2016
Scott Roberts
The Indiana Court of Appeals found a counsel's mistake did not constitute judicial admission in a man's trial when he was found guilty of molesting his stepdaughter. But the appeals court remanded his guilty plea for being a habitual offender, finding he did not waive his right to trial on the issue at court, his attorney did.
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Indiana court to hear woman's appeal of feticide conviction

May 23, 2016
 Associated Press
Attorneys for an Indiana woman found guilty of killing the premature infant she delivered after ingesting abortion-inducing drugs will ask an appeals court Monday to throw out the convictions that led to her 20-year prison sentence.
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'Abusive litigant' loses appeal for damages

May 23, 2016
Scott Roberts
The Indiana Court of Appeals denied a prolific litigant's attempt to get more than $30,000 in damages after he claimed a printer he purchased online for less than $75 did not work and then sued for thousands of dollars in damages.
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Felon firearm possession charge affirmed on appeal

May 20, 2016
Dave Stafford
An Indianapolis man convicted of possession of a firearm by a serious violent felon failed to persuade the Indiana Court of Appeals that the search that led to discovery of the gun wasn't supported by reasonable suspicion.
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Man loses home damage appeal that blamed neighbor’s watering

May 20, 2016
Dave Stafford
A man whose Monroe County home was lost to mold contamination lost his appeal of a jury verdict in favor of his neighbor. The homeowner had claimed his neighbor's excessive watering of her lawn caused water damage to the basement of his home.
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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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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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