Indiana Court of Appeals
Wrongful death statute allows for attorney fees, other costs
September 17, 2010
Elizabeth BrockettCompensation for attorney fees and other costs can be awarded under the Adult Wrongful Death Statute, ruled a Court of Appeals
panel today.
MoreISBA poll on judicial retention to be e-mailed
September 16, 2010
Michael HoskinsA third of the Indiana Court of Appeals judges face retention this year, but before voters mark their ballots the state’s
attorneys have a chance to say what they think about the five appellate judges who want to remain on the bench.
MoreAttenuation doctrine doesn't apply under Indiana Constitution
September 10, 2010
Jennifer NelsonThe attenuation doctrine has no application under the state’s constitution, the Indiana Court of Appeals ruled today
in a case alleging an unconstitutional search.
MoreCOA: Judge could raise affirmative defense on behalf of pro se defendant
September 9, 2010
Jennifer NelsonA small-claims court may decide a case based upon the statute of limitations even if a defendant didn’t raise or mention
it at trial but the issue was discussed during trial, the Indiana Court of Appeals ruled in an issue of first impression.
MoreCOA dismisses appeal as untimely under T.R. 53.3(A)
September 9, 2010
Jennifer NelsonThe Indiana Court of Appeals dismissed a man’s appeal from the denial of his motion to correct error because he didn’t
file his notice within 30 days of when the motion was deemed denied, which happened before the trial court actually ruled
on the motion.
MoreJudges split on district's need to pay for new water main
September 8, 2010
Jennifer NelsonThe Indiana Court of Appeals split today on whether a school district was required to pay for the installation of a new water
main as opposed to privately putting in its own water service line to connect to a new school.
MoreDefendants in will contest must timely answer
September 7, 2010
Jennifer NelsonIn an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant
in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.
MoreCOA reverses judgment on contract-rescission claim against lottery
September 7, 2010
Jennifer NelsonThe Indiana Court of Appeals will allow lottery scratch-off game players’ claim of contract rescission against the state’s
lottery commission to proceed to trial, but the court affirmed summary judgment in favor of the lottery on the other claims
filed by the players in a class-action suit.
MoreAppeals court looks at revised law on sex-offense status
September 1, 2010
Michael HoskinsThe Indiana Court of Appeals remanded a case today with instructions to re-examine a case about a man’s disputed classification
as a sexually violent predator.
MoreLandlord not responsible for dog bite
September 1, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed summary judgment today for a landlord who was sued by a postal carrier who was bit by
a tenant’s dog that had escaped from the property. The judges declined to find that by entering into a lease, a landlord
establishes a relationship to a tenant’s dog.
MoreAppeals court hears back-pay arguments
September 1, 2010
Michael HoskinsAttorneys argued before the Indiana Court of Appeals on an appeal of a Marion Superior judge’s award of more than $42
million to a class of thousands of current and former state employees wanting to recover back pay for unequal wages earned
between 1973 and 1993.
MoreAppellate courts address estate tax, trust division regarding adoptions
September 1, 2010
Rebecca BerfangerAs adoptions have become more common and more accepted for expanding the family tree, courts have had to address some legal
matters clarifying those familial ties.
MoreCOA: variance for residential wind turbine allowed
August 31, 2010
Rebecca BerfangerThe Court of Appeals today affirmed a decision from the Warrick Superior Court that found the Board of Zoning Appeals of the
Area Plan Commission of Warrick County was right in allowing a 20-foot variance for the construction of a residential wind
turbine.
MoreJudges rule man's right to speedy trial was violated
August 30, 2010
Jennifer NelsonThe state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court
of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure
the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.
MoreChild must show she is born out of wedlock to inherit
August 27, 2010
Jennifer NelsonRuling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section
29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.
MoreCOA concerned about some details in termination case
August 26, 2010
Jennifer NelsonIn affirming the involuntary termination of a mother’s parental rights, the Indiana Court of Appeals noted some troubling
details involving the case.
MoreTechnical difficulties snag high-profile appeal arguments
August 25, 2010
Michael HoskinsAfter a hiccup in the state judiciary’s online access to oral arguments, Indiana Court of Appeals Chief Judge John Baker
borrowed some words from television broadcasters of the past: “Please stand by.”
More8 submit proposals for Indiana appellate system
August 24, 2010
Michael HoskinsEight companies are interested in outfitting the Indiana appellate courts with a case management system with public access
and e-filing capabilities.
MoreCOA upholds denial of motion to suppress
August 24, 2010
Jennifer NelsonThe Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest
in the subscriber information of an Internet service provider.
MoreCOA addresses inverse condemnation issues
August 20, 2010
Elizabeth BrockettInverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding
fraudulent concealment and the statute of limitations.
MoreCOA: attorney's statement binding
August 19, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed partial summary judgment for Noble Roman’s Inc. in-store franchisees’ claim
for constructive fraud because the franchisees’ then-attorney admitted that they were only pleading actual fraud against
the company and that admission is binding.
MoreCOA panels divided on attorney's fees under AWDA
August 18, 2010
Jennifer NelsonNearly a month after an Indiana Court of Appeals panel ruled attorney's fees aren’t recoverable under the Adult Wrongful
Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
MoreCourt upholds judgment in legal malpractice suit
August 16, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although
the judges didn’t agree on the professional obligations of the firm based on its contract.
MoreCOA addresses equine statute for first time
August 16, 2010
Jennifer NelsonRuling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute
barred a woman’s claim for injuries during a horse competition.
MoreAdmittance of psychologist's testimony requires new trial
August 13, 2010
Jennifer NelsonThe Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court
shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
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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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
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.