Indiana Court of Appeals

COA reverses order requiring victim to pay attorney fees

November 20, 2012
Dave Stafford
A man who claims he was struck by a vodka bottle that resulted in 18 stitches won’t have to pay attorney fees to a woman against whom he had been awarded a protective order, the Court of Appeals ruled Tuesday, reversing a lower court order.
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Governor names Pyle’s trial court replacement

November 20, 2012
IL Staff
Gov. Mitch Daniels has appointed Angela Warner Sims as judge of Madison Circuit Court. She succeeds Judge Rudolph Pyle III, who was appointed in August to the Indiana Court of Appeals.
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Appeals court to hear Star appeal on identifying online commenter

November 19, 2012
Dave Stafford
The Indiana Court of Appeals has blocked a court order requiring The Indianapolis Star to disclose the name of an online commenter and will hear further arguments on the matter Tuesday morning.
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Trial that OK’d Jasper energy plant conversion error-filled

November 19, 2012
Dave Stafford
A judge who ruled against opponents of the conversion of a former coal-fired energy plant in Jasper abused her discretion on a series of matters, the Indiana Court of Appeals held Monday in reversing a bench trial that found for the city.
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Legislature intended to make failure to report child abuse a continuing offense

November 16, 2012
Marilyn Odendahl
A high school coach’s failure to report child abuse is a continuing offense to which the statute of limitations does not apply, the Indiana Court of Appeals ruled.
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COA finds trust that bought foreclosed home gained insurance equity

November 16, 2012
Dave Stafford
An estate that purchased a foreclosed house at a sheriff’s sale established an equitable lien through which it was entitled to collect proceeds in the event of an insured loss, the Indiana Court of Appeals ruled Friday.
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Kohl’s loses appeal vs. developer, county over Evansville store

November 16, 2012
Dave Stafford
A department store chain failed to persuade the Indiana Court of Appeals to reverse a trial court’s dismissal of a lawsuit it filed against a developer and two public Vanderburgh County entities.
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Off-duty police officer’s stop and frisk violated Fourth Amendment

November 15, 2012
Marilyn Odendahl
The stop, search and subsequent discovery of drugs violated the Fourth Amendment’s protection against unreasonable searches even though the police officer was off duty at the time of the incident, the Indiana Court of Appeals has ruled.
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Court affirms termination of parental rights for drug-using mom, dad

November 15, 2012
Dave Stafford
A mother who used methamphetamine while pregnant and continued to abuse drugs after her children were judged in need of services was properly denied parental rights, as was the children’s often-absent father, the Indiana Court of Appeals ruled Thursday.
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Appeals court rules wrong state law applied in truck crash, but result is same

November 15, 2012
Dave Stafford
A trial court erroneously applied Georgia law in a lawsuit brought by a truck driver injured in a collision in West Virginia, but correctly applied Indiana law yielded the same result, the Indiana Court of Appeals ruled Thursday.
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COA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing

November 14, 2012
Marilyn Odendahl
A convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s contention as “pure conjecture supported by nothing in the record.”
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Divided COA allows suit after wage claim fails at Department of Labor

November 14, 2012
Dave Stafford
A worker who left employment at a Columbus construction company may pursue his wage claim in court after his complaint had been assigned to the Indiana Department of Labor, a divided panel of the Indiana Court of Appeals ruled.
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Justices: COA overreached on reversing trial court custody ruling

November 13, 2012
Dave Stafford
The Court of Appeals got it wrong when it reversed a trial court custody modification in favor of a child’s father, the Indiana Supreme Court ruled Tuesday in one of the first opinions joined by Justice Loretta Rush.
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COA to hear challenge to sex offender monitoring program

November 12, 2012
IL Staff
An Allen County man’s argument that the state’s Sex Offender Management and Monitoring Program is unconstitutional will be heard Tuesday by a panel of the Indiana Court of Appeals.
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Appeals court finds for insurer in worker’s comp case where victim’s mother died

November 9, 2012
Dave Stafford
The mother of an injured worker whose estate claims she died due to emotional distress caused by an insurer’s handling of her son’s case cannot directly sue the insurer before exhausting the regulatory process, the Indiana Court of Appeals ruled Friday.
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Man not required to register in Indiana for Illinois crime

November 8, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled it’s a violation of the ex post facto provision of the state’s constitution to require a man who committed a sex crime in Illinois, but now lives in Indiana, to register in Indiana because the laws requiring him to register in both states were enacted after he committed the crime in Illinois.
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Ex-employee wins appeal and prejudgment interest

November 7, 2012
Jennifer Nelson
A former employee is entitled to commissions owed to him after he left a real estate company, the Indiana Court of Appeals affirmed Wednesday. The judges also found the ex-employee is entitled to prejudgment interest.
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Judges order trial on couple’s responsibility to unpaid subcontractors

November 7, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a decision by a DeKalb Superior judge that Fred and Mary Anna Feitler were personally liable for unpaid bills to subcontractors on their home, which was being constructed on land owned by a trust to which they were sole beneficiaries.
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All appellate judges on the ballot retained by voters

November 7, 2012
IL Staff
Collecting more than a million “yes” votes each, Indiana Justices Steven David and Robert Rucker have been retained in office. David faced opposition from some who disagreed with the majority opinion he authored regarding unlawful police entry into homes.
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Court finds mediation not so confidential

November 7, 2012
Marilyn Odendahl
Some Indiana attorneys are concerned about the possible ramifications of the recent Horner decision.
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Justices reverse COA, hold state’s appeal timely

November 6, 2012
Dave Stafford
The Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression of evidence in a drunken-driving case.
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Wife’s pain from shove, poked forehead ‘bodily injury,’ justices rule

November 6, 2012
Dave Stafford
The Indiana Supreme Court late Monday reconciled conflicting interpretations of the “bodily injury” requirement for domestic battery and other criminal offenses using that language, concluding that any such offense that causes the victim physical pain meets the test.
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Appeals court: Felon waived speedy trial, judge challenges

November 2, 2012
Dave Stafford
A man convicted of multiple felonies lost his appeal when the court determined he had not objected to matters raised in the appeal during his jury trial or sentencing.
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Woman did not exhaust administrative remedies before suing

November 1, 2012
Jennifer Nelson
The Indiana Court of Appeals agreed with a Marion Superior judge that the courts do not have jurisdiction over a woman’s lawsuit concerning the disconnection of her water because the woman did not exhaust all her available administrative remedies before suing.
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Police had reasonable suspicion to stop men, search bag

October 31, 2012
Jennifer Nelson
The Indiana Court of Appeals disagreed with an appellant who claimed police did not have reasonable suspicion to believe he and two other men were involved in criminal activity, which led to their stop and his eventual conviction of Class A felony attempted dealing in methamphetamine.
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