Indiana Court of Appeals

Judges uphold public intox conviction

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s public intoxication conviction, finding police had reasonable suspicion the man was intoxicated, and evidence is sufficient to support the conviction.
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COA upholds drug conviction

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that his charges should be dismissed or he deserved a mistrial, finding sufficient evidence to support his dealing in cocaine conviction.
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COA affirms judgment in favor of contractor in bid dispute

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has found that a school corporation seeking bids for renovations did not acquire the right to enforce a construction company’s mistaken bid.
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Judges reduce sentence

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has reduced the sentence of a defendant who used brass knuckles to injure a couple and then struck a victim’s father with his car, finding the 11-year sentence was inappropriate in light of the offenses and the defendant’s character.
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COA finds court erred in allowing late response to be filed

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed the denial of summary judgment for a financial company seeking contract damages and other relief, finding the trial court should not have considered the defendant’s late-filed response on summary judgment.
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Court splits over sentence modification

March 29, 2012
Jennifer Nelson
The Indiana Court of Appeals was divided over whether a man could challenge his sentence following a guilty plea. One judge maintained that the defendant did not consent to his illegal sentence.
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Burglary conviction was impermissible double jeopardy

March 29, 2012
Jennifer Nelson
Because some of the facts establishing the elements of a Class A felony burglary conviction also established all of the essential elements of the Class B felony burglary conviction, the Indiana Court of Appeals ordered one conviction be vacated due to double jeopardy.
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Court upholds finding woman isn't totally disabled

March 28, 2012
Jennifer Nelson
Because a woman failed to seek appellate review of the decision by the Worker’s Compensation Board of Indiana that she was not permanently and totally disabled, she waived any claim of error related to that decision, the Indiana Court of Appeals has ruled.
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Judges affirm denial of post-conviction relief

March 28, 2012
Jennifer Nelson
The Indiana Court of Appeals found a man’s double jeopardy claims were without merit, so his trial and direct appeal attorneys’ failure to raise these claims created no prejudice.
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Court rules on child support, parenting time modifications

March 27, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled on a case involving parenting time and child support issues between a mother and father.
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Judges: injuries from crash on public road not covered

March 27, 2012
Michael Hoskins
The Indiana Court of Appeals has upheld a decision by the state worker’s compensation board that denied a security guard’s claim that a car accident on the way to work happened in the course of his employment and should be compensated.
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Closed-circuit testimony not unconstitutional

March 27, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a man who repeatedly molested a young girl was not deprived of his right to cross-examine his accuser when she testified via closed-circuit television.
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Court rules on parental discipline case

March 26, 2012
Michael Hoskins
The Indiana Court of Appeals has held that a woman’s prior conviction for battering her daughter in a way similar to a current case is admissible pursuant to the state’s rules of evidence.
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COA: Independent contractor's death already compensated

March 23, 2012
Michael Hoskins
The Indiana Court of Appeals has determined that the estate of an independent contractor who fell off a ladder and died was properly compensated through the state workers' compensation act, and the man’s estate cannot later claim that his injuries occurred outside the scope of employment.
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Judges rule on Evansville environmental coverage case

March 23, 2012
Michael Hoskins
The Indiana Court of Appeals has determined a Marion County judge properly granted summary judgment in favor of a group of insurance companies because the city of Evansville was seeking coverage for projects aimed at preventing future sewer discharges, rather than remediating past discharges, which wouldn’t be covered by the policies.
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Judges disagree on meaning of language in city ordinance

March 22, 2012
Jenny Montgomery
The Indiana Court of Appeals reversed a trial court in a property dispute, but Judge Ezra Friedlander disagreed with the majority based on his interpretation of “conspicuous change.”
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Judges uphold sanction against attorney

March 22, 2012
Jennifer Nelson
The Indiana Court of Appeals made two minor corrections to its original opinion ordering an attorney to pay appellate fees due to his conduct in a purported class-action lawsuit against Clarian Health Partners, but upheld the order the attorney pay the fees.
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Judges revise murder sentence

March 21, 2012
Jennifer Nelson
The Indiana Court of Appeals upheld the murder conviction of a defendant who killed a Bloomington man in response to a sexual assault, but found the circumstances around the killing warranted a lesser sentence.
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COA affirms ruling in favor of mining company, DNR

March 21, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the decision to release a surface mining reclamation bond obtained by a mining company, finding the reclamation requirements of the Indiana Surface Mining Control and Reclamation Act have been satisfied.
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Appellate court split on ordering new trial for mom

March 21, 2012
Jennifer Nelson
The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.
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COA finds mentally ill man was aware actions were wrong

March 20, 2012
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court in finding a man who is mentally ill was nevertheless aware of the wrongfulness of his actions.
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Judges disagree on impact of caselaw

March 20, 2012
Jennifer Nelson
In a man’s appeal of the denial of petition for post-conviction relief, in which he claimed ineffective assistance of his trial and appellate counsel, the Indiana Court of Appeals was divided on whether his appellate counsel was ineffective and if caselaw prevented the trial court from considering charges outside of the guilty plea.
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Judges rule in favor of insured

March 20, 2012
Jennifer Nelson
The Indiana Court of Appeals found under the plain language of a woman’s insurance policy, the woman did what was required of her by the policy to pursue an underinsured motorist claim.
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Court ordered to recalculate division of pension

March 19, 2012
IL Staff
The Indiana Court of Appeals has ordered the lower court to take another look at the division of a husband’s pension, finding the court used the wrong number in its decision.
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Judges affirm change in custody

March 19, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the modification of a custody order giving the father primary custody of his son, finding the trial court didn’t abuse its discretion in deciding that the boy’s physical and mental/academic maturation constituted a substantial change warranting the change in custody.
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