Indiana Court of Appeals
COA rules against voting-systems company
March 29, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a lower court order denying an electronic voting systems company's petition for
stay on an order prohibiting it from marketing, selling, or leasing voting systems in Indiana for 18 months.
MoreCompany not bound by defiant agent's actions
March 26, 2010
Jennifer NelsonA trial court erred in finding that a company was bound by its insurance agency's acts even though the agency
acted against the company's wishes, the Indiana Court of Appeals ruled today.
MoreJudge dissents in eviction case
March 25, 2010
Jennifer NelsonThere is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction
or repossession of a private party, according to an Indiana Court of Appeals judge.
MoreJustices: Search didn't violate 4th Amendment
March 24, 2010
Jennifer NelsonA warrantless search of a probationer's property that is conducted reasonably and supported by a probation search term
and reasonable suspicion of criminal activity, doesn't violate Fourth Amendment rights, the Indiana Supreme Court held
today.
MoreAppellate court upholds murder conviction
March 18, 2010
Jennifer NelsonAlthough the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's
truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals
concluded today.
MoreMan didn't timely file petition to reopen estates
March 17, 2010
Jennifer NelsonA trial court correctly denied the request to reopen the estates of a man's deceased parents to correct an error because
he failed to timely file his petition, the Indiana Court of Appeals affirmed.
MoreLegislature's final days bring up merit selection, out-of-state placement issues
March 17, 2010
Michael HoskinsHoosier lawyers and judges were kept on the edge of their seats as the Indiana General Assembly navigated its final days of
the session, reviving talk on two issues that have significant impact on the state's judiciary and legal system.
MoreMortgage company didn't act in good faith
March 16, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because
it didn't act in good faith in providing a mortgage that was obtained by fraud.
MoreCouple not a 'successful party' in settlement
March 16, 2010
Jennifer NelsonDespite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney
fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
MoreAll elements of 'fair value' must be considered
March 15, 2010
Jennifer NelsonAlthough there isn't any Indiana caselaw detailing how the shares held by dissenting shareholders are to be appraised,
the Indiana Court of Appeals adopted the view that trial courts should consider all possible elements of the present value
of the corporation on the valuation date, including the company's possible future plans.
MoreJudges disagree on chemical possession charge
March 12, 2010
Jennifer NelsonA panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent
of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged
with possession with intent to manufacture methamphetamine.
MoreDefendant must prove inability to pay
March 11, 2010
Jennifer NelsonThe defendant bears the burden of proving that he or she wasn't able to provide support at a probation revocation hearing
for failing to support dependants, the Indiana Court of Appeals held today.
MoreCOA split on impact of jury instruction omission
March 11, 2010
Jennifer NelsonOne Indiana Court of Appeals judge dissented from his colleagues' decision to grant a new trial based on the lack of a
jury instruction on robbery because he didn't think the defendant was prejudiced by the omission.
MorePrior misconduct negates self-defense claim
March 8, 2010
Jennifer NelsonEvidence of a defendant's prior alleged domestic violence incidents against his ex-wife shouldn't have been admitted
to explain the ex-wife's animosity toward him, the Indiana Court of Appeals concluded today. However, the evidence was
admissible because it was relevant to prove the ex-husband's motive to commit the domestic violence he was charged with
in the instant case.
MoreAppellate ruling addresses priority rights
March 5, 2010
Jennifer NelsonIn reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals
specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.
MoreJudges find search of car for gun not justified
March 4, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges reversed the denial of a defendant's motion to suppress evidence of drugs found
in his car during a search, but one judge believed the man's cooperation and respect toward the police officer shouldn't
factor into their decision making.
MoreMistake invalidates termination of dad's rights
March 3, 2010
Jennifer NelsonA father's consent to voluntarily terminate his parental rights so his sister could adopt his daughter was invalidated
by misrepresentations made by a family case manager for the Department of Child Services. As such, the father's petition
to set aside the judgment should have been granted, the Indiana Court of Appeals ruled today.
MoreAppellate court upholds guardian appointment
March 2, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the appointment of a third-party guardian for an incompetent adult because a disinterested
person may hopefully prevent unnecessary disputes caused by mistrust between the woman's children and husband.
MoreCOA: Consent prevented constitutional violations
March 1, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't
reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.
MoreCOA: Commissioners couldn't dissolve district
February 26, 2010
Jennifer NelsonThe Brown County Commissioners had no authority to enact an ordinance to attempt to dissolve a recently created fire district,
the Indiana Court of Appeals concluded today.
MoreHigh court adopts COA opinion in billing dispute
February 25, 2010
Jennifer NelsonThe Indiana Supreme Court granted transfer Wednesday in a dispute over who bears the burden to prove "pecuniary liability"
under the Worker's Compensation Act, and adopted the Indiana Court of Appeals' opinion on the matter.
MoreCOA: inequity in grandparent visitation act
February 25, 2010
Jennifer NelsonThe Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships
between the parties in an adoption petition.
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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.