Indiana Court of Appeals

COA to hear 'right to farm' argument

April 20, 2012
Jennifer Nelson
The Indiana Court of Appeals will hear a case Monday involving a dispute between neighboring pork farms.
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Judges affirm denial of post-conviction relief

April 19, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the denial of a man’s request for post-conviction relief because he couldn’t prove that his trial or appellate counsel were ineffective.
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Department of Workforce Development scammed out of $2 million

April 19, 2012
Jennifer Nelson
The Indiana Department of Workforce Development announced Wednesday afternoon that it allegedly has been cheated out of $2.4 million in unemployment insurance benefits. Fifteen people have been indicted for allegedly scheming to use fake companies to claim benefits.
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COA upholds denial of fugitive's request to file an appeal

April 19, 2012
Jennifer Nelson
A woman convicted of murdering her husband in the 1970s who escaped from prison and remained a fugitive for 35 years isn’t entitled to file a petition for belated appeal because her willful act of fleeing prevented her attorney from pursuing the appeal.
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Judges reverse grant of unemployment benefits

April 18, 2012
Jennifer Nelson
The Indiana Court of Appeals has held that if an employee’s explanation for the behavior that led to his termination is another terminable offense, that provides just cause for termination. As a result, the judges reversed the decision to grant a fired man unemployment benefits.
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COA split on ability to review case

April 18, 2012
Jennifer Nelson
The majority on a personal injury case has dismissed it for appellate review, finding the Indiana Court of Appeals doesn’t have jurisdiction. The majority believed the case was not timely appealed.
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Mother's actions support contempt finding

April 17, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld finding a mother in contempt of court for not dismissing a protective order against her ex-husband as required by their dissolution decree. The judges also affirmed the award of compensatory damages and attorney fees to the father, but reversed a 10-day sentence imposed for future violations.
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Judges order possession charge dismissed

April 17, 2012
Jennifer Nelson
Relying on United States Supreme Court precedent, the Indiana Court of Appeals has reversed the denial of a man’s motion to suppress marijuana found on him after a traffic stop. The appellate court found the officers did not reasonably believe the man was armed and dangerous to justify the pat down.
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Judges rule on easement dispute

April 17, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled partly in favor of a couple seeking to place a fence along their property line shared with a condominium complex, which would affect the use of a sidewalk by the condo homeowners.
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Justices accept 1 case, deny 9

April 16, 2012
The Indiana Supreme Court has agreed to hear a first impression case concerning whether a mortgagee on record had an enforceable right under the mortgage.
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Medical malpractice judgment upheld by appellate court

April 12, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the $1.25 million judgment against a gastroenterologist after a patient brought a medical malpractice claim for a missed cancer diagnosis. The judges found the trial court didn’t abuse its discretion in excluding certain evidence.
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Judges affirm 90-year sentence for child molester

April 12, 2012
Jennifer Nelson
The Indiana Court of Appeals found that a child molesting victim’s statement to her grandmother – as testified by the grandmother at trial – should not have been admitted. But, that hearsay reference did not deprive the defendant of a fair trial.
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COA travels to Valparaiso for arguments

April 12, 2012
IL Staff
The Indiana Court of Appeals will hear arguments at Valparaiso University Law School in a rape case.
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Trial court erred in instructing jury in negligence case

April 11, 2012
Jennifer Nelson
A divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.
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Evidence doesn't support enhanced possession charges

April 11, 2012
Jennifer Nelson
Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.
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COA reverses trial court in personal injury case

April 10, 2012
Jenny Montgomery
The Indiana Court of Appeals has reversed a trial court’s denial of a motion to transfer, holding that Marion County is not a preferred venue for the case.
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COA judge applications due May 9

April 6, 2012
IL Staff
The Indiana Judicial Nominating Commission has announced its timeline for selecting the replacement for Judge Carr Darden, who is retiring this summer from the Indiana Court of Appeals.
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Appellate court dismisses small claims venue case

April 5, 2012
Michael Hoskins
The Indiana Court of Appeals has determined that a small claims venue question is not on the list of authorized interlocutory appeals, so it dismissed a case arising out of southern Indiana.
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Homeowner association has authority to decide on new home proposal

April 5, 2012
Michael Hoskins
The Indiana Court of Appeals has upheld a lower court’s ruling against two homeowners challenging their homeowners association’s interpretation of covenants on building a new home.
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Majority reverses conviction based on meth manufacturing

April 5, 2012
Michael Hoskins
A divided Indiana Court of Appeals has determined that the state can’t use the amount of manufacturing materials and empty packets of ingredients at a person’s home to prove he was dealing in that substance, without clear evidence the drug would have been produced in that amount.
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Court preserves woman's day in court despite delays

April 5, 2012
Michael Hoskins
The Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in court was too harsh.
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Panel disagrees on foreclosure settlement resolution

April 5, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled that federal law and housing regulations require that deeds in lieu of foreclosure release the borrower from any mortgage obligation, and the mortgage company issuing an agreement can use that federal language in the contract.
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Summary judgment affirmed in favor of attorney

April 5, 2012
Jenny Montgomery
An attorney who withdrew as counsel for two related family-owned businesses did not make false and defamatory statements in explaining his withdrawal, the Indiana Court of Appeals held.
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COA holds false customer review violates no-contact order

April 5, 2012
Jenny Montgomery
The Indiana Court of Appeals affirmed a trial court’s revocation of probation for a man who wrote a false review of his father’s cleaning company.
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Judges affirm decision in speedy trial claim

April 4, 2012
Michael Hoskins
A Hendricks County judge did not err in denying a man’s motion that his criminal case be discharged because the state failed to conduct a speedy trial within one year of charges being filed, the Indiana Court of Appeals ruled.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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