Indiana Court of Appeals

Man not prejudiced by counsel's deficient performance

August 23, 2011
Jennifer Nelson
The Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to the defendant was really his, the man couldn’t show he was prejudiced.
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Court divided over consent to 5-person jury

August 22, 2011
Jennifer Nelson
A panel of Indiana Court of Appeals judges split on the issue of whether a defendant agreed to allow a five-member jury to decide her case after one juror fell ill, with the dissenting judge believing the defendant – not her counsel – must consent to the five-person jury.
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Victim's statements to nurse allowed, but judges reverse convictions

August 22, 2011
Jennifer Nelson
The Indiana Court of Appeals concluded that a victim’s statements detailing her physical attack and identifying her attacker were admissible in court and were nontestimonial, so the defendant’s confrontation rights weren’t violated. However, the judges reversed the man’s convictions because the trial court shouldn’t have admitted prior misconduct evidence involving the defendant and the victim.
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Judges uphold theft charge against man

August 19, 2011
Jennifer Nelson
On interlocutory appeal, the Indiana Court of Appeals affirmed the denial of a man’s motion to dismiss his theft charge in Jay County because he caused the delay in the case by absconding. The case brought up the issue of whether knowledge by jail officials on the whereabouts of the defendant can mean that the judge and prosecutor were sufficiently notified.
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COA reverses trial court on Kroger building proposal

August 18, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that the Town of Plainfield Plan Commission must provide The Kroger Co. with specific reasons its building plan was denied or allow Kroger to build a gas station as planned.
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Judges reverse teen’s adjudication for school absences, tardies

August 17, 2011
Jennifer Nelson
The state didn’t show that a teenager was in need of care, treatment, or rehabilitation regarding school attendance, so his adjudication as a delinquent child for missing school should be reversed, ruled the Indiana Court of Appeals.
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COA rules paying penalty doesn't nullify appeal

August 16, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled on an issue that has not directly been addressed by statute or caselaw, holding that paying a civil penalty to stop a tax sale of property doesn’t cancel out an appeal questioning that assessment’s validity.
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COA sides with Live Nation in naming dispute

August 16, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed the trial court’s dismissal of the Murat Temple Association’s claim that Live Nation Worldwide violated terms of its lease agreement.
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Court could find juvenile must register as sex offender

August 15, 2011
Jennifer Nelson
A Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years, the Indiana Court of Appeals held Monday.
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Man's convictions upheld despite court's use of inadmissible evidence

August 12, 2011
Michael Hoskins
The Indiana Court of Appeals found a trial judge abused his discretion in admitting portions of a defendant’s out-of-court taped police statements, but the appellate panel determined that error was harmless and not reason to reverse the man’s multiple rape and sexual conduct convictions.
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COA: Names in workforce development cases aren't confidential

August 12, 2011
Michael Hoskins
From now on, the Indiana Court of Appeals will publish full names of parties on workforce development review board cases after determining state statute doesn’t require those to be kept confidential in public court records.
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Appeals court affirms sending employee appeal back to agency

August 11, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the grant of a fired Department of Correction employee’s petition for judicial review, finding that it was clear on the record that an administrative agency’s action was without evidentiary foundation. The appellate court noted the difficulty the judge had in conducting the judicial review due to deficiencies in recording testimony.
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Justices reverse ruling against hospital on spoliation claim

August 10, 2011
Jennifer Nelson
Relying on workers’ compensation cases involving first- and third-party spoliation claims, the Indiana Supreme Court has declined to recognize similar claims regarding medical malpractice suits.
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Judges split over order property owner pay for construction of drainage-ditch arm

August 10, 2011
Jennifer Nelson
The Indiana Court of Appeals was divided in its ruling on whether a man whose land sits higher and isn’t prone to flooding should have to pay for the reconstruction of an arm of a nearby drainage ditch. The dissenting judge wrote that Wednesday’s decision will promote “water wars” between neighbors.
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COA allows for admission of vehicle photo in personal injury action

August 10, 2011
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time the issue of whether a photograph admitted at trial showing little damage to a truck involved in an accident is inadmissible on the grounds that it’s irrelevant to any determination of bodily injury.
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Judges won’t revisit associational standing issue on same case

August 9, 2011
Michael Hoskins
Finding it had already ruled on an associational standing question six years ago in the same case, the Indiana Court of Appeals has denied an electric utility's attempt to re-litigate that issue based on the law-of-the-case doctrine.
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COA: Suit against sewer district isn’t a public lawsuit

August 9, 2011
Jennifer Nelson
The Spencer Circuit Court erred in finding a lawsuit filed by property owners challenging the requirement they connect to a new sewer system is a public lawsuit and the property owners must pay $9 million in bond to proceed with the suit, the Indiana Court of Appeals ruled Tuesday.
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Court rules on duty of care for healthy trees in residential areas

August 9, 2011
Michael Hoskins
The Indiana Court of Appeals has reiterated its stance that urban or residential area landowners have a duty to take reasonable precautions regarding their own trees, healthy or otherwise, and make sure they don’t harm a neighbor’s property based on the size and where they are planted.
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Online court employee training begins Aug. 18

August 8, 2011
IL Staff
In an effort to give a general introduction of the judicial system to new trial court employees, a new online training program has been created and is now open for enrollment.
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Judges reverse ruling mechanic's lien has priority over mortgages

August 5, 2011
Jennifer Nelson
The Indiana Court of Appeals ruled there was no reason for a trial judge to disregard the state’s priority statutes regarding liens and mortgages and find that a construction company’s mechanic’s lien has priority over previously recorded mortgages.
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COA applies sports injury conduct rule

August 4, 2011
Michael Hoskins
Less than three months after the Indiana Supreme Court issued a decision about sports injury cases, the state’s intermediate appellate court is now applying the new rule regarding how liability should be determined.
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Judges order hearing on unemployment benefits

August 4, 2011
Jennifer Nelson
A man, whose request for a continuance in a hearing regarding his unemployment benefits was denied by an administrative law judge, is entitled to a hearing on the matter, the Indiana Court of Appeals ruled Thursday.
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COA divided on whether 'bully' comments require new trial

August 3, 2011
Jennifer Nelson
The Indiana Court of Appeals split in affirming a man’s drunk-driving conviction, with the dissenting judge finding the prosecutor’s questions to the jury and repeated reference to the defendant as a bully at trial made a fair trial impossible.
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Looking back on rulings

August 3, 2011
Michael Hoskins
Looking in the rearview mirror on judicial precedent is a task that every judge on every court faces.
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Former clerks recall a judge who gave support and kindness

August 3, 2011
Jenny Montgomery
The Hon. Robert H. Staton achieved many professional milestones in his lengthy career. But after his death on July 18, what people seemed to remember most about him was his enduring positive influence in their lives.
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