Indiana Court of Appeals
COA 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.
MorePublic defender's office goes green
February 24, 2010
IL StaffThe Office of the Public Defender of Indiana is now an American Bar Association Law Office Climate Challenge Partner.
MoreJudges split on endangerment issue
February 19, 2010
Jennifer NelsonThe Indiana Court of Appeals found the state proved a defendant had driven drunk, but the judges disagreed as to whether the
state showed the man had endangered others with his driving.
MoreCOA reverses finding IDEM breached agreement
February 18, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed the finding that the Indiana Department of Environmental Management breached a settlement
agreement because the trial court didn't have subject matter jurisdiction to determine whether it committed a breach.
MoreProof of service is state's burden
February 18, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed an invasion of privacy conviction today because the state didn't prove the defendant
knew he was the subject of an active protective order. The appellate court also concluded that notice of a protective order
should come from the state.
MoreCOA allows woman to establish maternity
February 17, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of an agreed petition to establish paternity and maternity of a child who
was born of a surrogate, finding equitable relief should allow the biological mother to establish she is in fact the baby's
biological mother.
MoreTrial court didn't have personal jurisdiction over serviceman
February 17, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed part of a dissolution decree after finding the Marion Superior Court lacked personal
jurisdiction over the husband who was in the military overseas.
MoreJudges split on duty owed to injured teen
February 12, 2010
Jennifer NelsonA majority on the Indiana Court of Appeals affirmed summary judgment for a golf course, golf scramble organizers, and golfer
in a teenager's suit after she was hit with a golf ball. Today's decision also expanded language from a previous ruling
involving the duty to prevent injury to sports participants to now include sporting event volunteers.
MoreState didn't prove man was drunk when driving
February 11, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a defendant's conviction of driving while intoxicated because the state failed to
prove the man was intoxicated when he drove his moped.
MoreMajority affirms conviction despite no witnesses
February 9, 2010
Jennifer NelsonAn appellate judge dissented from the majority's decision to uphold a woman's conviction of operating a car after
her driving privileges had been forfeited for life, finding that confirming her conviction would break from precedent.
MoreJudges reverse theft conviction
February 9, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the
jury on conversion as a lesser-included offense of theft.
MoreCOA split on whether company can repurchase stock
February 8, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges disagreed as to whether a company's attempt to exercise its option to repurchase
stock had occurred in a timely manner under a shareholders' agreement.
MoreCOA rules on service of summons issues
February 3, 2010
Jennifer NelsonThe Indiana Court of Appeals addressed service of summons issues in foreclosure actions in two decisions today, finding the
servicing parties needed to do more to ensure the recipients actually get notice.
MoreJudges affirm finding teen is a CHINS
February 2, 2010
Jennifer NelsonThe Indiana Court of Appeals upheld the finding that a 17-year-old is a child in need of services, ruling that evidence of
her drug test wasn't irrelevant and was properly admitted by the trial court.
MoreAppeals court split on parol evidence issue
February 1, 2010
Jennifer NelsonJudges on the Indiana Court of Appeals were split on whether a boss's oral promise to a future employee regarding a severance
package would be barred from consideration by the parol evidence rule.
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Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
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.