Indiana Court of Appeals
Judges don't agree candidate is 'qualified'
July 10, 2009
Jennifer NelsonIndiana Court of Appeals judges disagreed as to whether an elected at-large school board candidate was "qualified"
under the Indiana Constitution to take office because his election caused three members from the same school district to be
on the board.
MoreCOA: Rentals not restricted by covenants
July 9, 2009
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals determined today the rental of cabins in a subdivision was allowed
under its restrictive covenants because the rental property was for "residential use."
MoreCOA: Home isn't allowed in marital estate
July 8, 2009
Jennifer NelsonEven though a trial court believed a wife's testimony that her in-laws' purposefully kept her from receiving any money
from the sale of the marital residence in the event of a divorce, the lower court erred by including the residence in the
marital estate, ruled the Indiana Court of Appeals.
MoreFirst impression for habitual offender statute
July 7, 2009
Jennifer NelsonIn an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant's prior conviction for
conspiracy to deal in cocaine qualified as a conviction for dealing in cocaine under the state's habitual offender statute.
MoreCOA reverses rape conviction in cold case
July 7, 2009
Jennifer NelsonThe Indiana Court of Appeals today affirmed a man's recent conviction for a murder he committed more than 20 years ago,
but it reversed his rape conviction on insufficient evidence. The state failed to file a charge in which it had evidence to
support a conviction of a sexual attack against the victim.
MoreCourt: counties responsible for GAL, CASA fees
June 30, 2009
Michael HoskinsIn a significant opinion about the funding of child welfare cases, the Indiana Court of Appeals ruled today that any guardian
ad litem or Child Appointed Special Advocate fees associated with a child in need of services case must be paid by the county
and not the state agency that lawmakers gave more oversight power to in the past year.
MoreTransfer sought in compulsive gambling case
June 29, 2009
Michael HoskinsArguing that common law should protect anyone intentionally harmed by someone else, an Evansville attorney is asking the Indiana
Supreme Court to consider a case of first impression in which he contends a compulsive gambler was targeted and taken advantage
of by a casino, resulting in her loss of $125,000 in a single night.
MoreCourt tackles scope of 'frivolous'
June 25, 2009
Jennifer NelsonThe Indiana Court of Appeals today used an inmate's appeal of the dismissal of his complaint to address the scope of the
word "frivolous" in Indiana's Frivolous Claim Law. And even though this inmate has filed dozens of law suits
since being incarcerated, it doesn't mean his suits can be automatically deemed frivolous by the trial courts.
MoreJudges rule on workers' comp billing issues
June 24, 2009
Michael HoskinsEmployers or their insurers - not health care providers - must prove when medical expenses for injured employees might be
considered higher than what's allowed under the state's workers' compensation statute, according to the Indiana
Court of Appeals.
MoreJudges differ on if 'property damage' occurred
June 23, 2009
Jennifer NelsonA majority of Indiana Court of Appeals judges affirmed summary judgment in favor of a homebuilder's insurance provider,
insurance broker, and subcontractor's insurer, ruling the damage to the homes wasn't "property damage" as
covered by the insurance policies.
MoreCourt reverses conviction over letter
June 23, 2009
Jennifer NelsonA man's convictions of criminal mischief and operating while intoxicated were reversed by the Indiana Court of Appeals
because a letter he wrote while trying to negotiate a plea agreement - which was rejected - shouldn't have been admitted
at his trial.
MorePurse search violated Indiana Constitution
June 22, 2009
Jennifer NelsonA majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern
for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way
it appears it could be holding a gun.
MoreInmate loses 3 appeals
June 17, 2009
Jennifer NelsonEric D. Smith, the New Castle inmate with the propensity for filing pro se suits, lost three appeals today with the Indiana
Court of Appeals.
MoreCourt rules on incurred risk in malpractice suit
June 16, 2009
Jennifer NelsonThe Indiana Supreme Court ruled today that, in general, incurred risk isn't a defense to medical malpractice based on
negligence or lack of informed consent.
MoreFirst impression on residential entry issue
June 15, 2009
Jennifer NelsonSince a man who had permission to be in his ex-girlfriend's garage did not have permission to be in her house, he committed
residential entry as a Class D felony when he kicked in her locked kitchen door to use the phone.
MoreOpinion explains use of supplemental evidence
June 15, 2009
Jennifer NelsonIn affirming a trial court's decision to uphold a board of zoning appeals' denial of a petition for a variance, the
Indiana Court of Appeals also addressed the trial court's admission of supplemental evidence pursuant to Indiana Code
Section 36-7-4-1009.
MoreJudges differ on pretrial credit award
June 12, 2009
Jennifer NelsonEach judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant,
who pleaded guilty to one charge - other charges were dismissed - is entitled to, or if he is entitled to any time at all.
MoreAnimal cruelty an exigent circumstance
June 11, 2009
Jennifer NelsonRuling on the issue for the first time in state courts, the Indiana Court of Appeals decided animal cruelty rises to the level
of exigent circumstances to permit a warrantless search of curtilage. The decision came in a man's appeal of his dog fighting
convictions.
MoreSuit based on church-member letter may go on
June 10, 2009
Jennifer NelsonA letter written by a church member and circulated through another member's work e-mail address contains some allegedly
defamatory statements that can be considered secular, so a suit for defamation and invasion of privacy could continue on those
statements, the Indiana Court of Appeals ruled today.
MoreCOA: Park ban violates ex post facto laws
June 9, 2009
Jennifer NelsonRelying heavily on a recent Indiana Supreme Court decision regarding sex offenders and ex post facto laws, the Indiana Court
of Appeals split in finding a city ordinance banning a convicted sex offender who no longer has to register with the state
was punitive and unconstitutional as applied to him.
MoreCOA affirms judgment in property-tax dispute
June 5, 2009
Jennifer NelsonThe Indiana Court of Appeals released an opinion today dealing with a topic that gives many homeowners headaches - property
taxes.
MoreInmate's complaint dismissed again
June 4, 2009
Jennifer NelsonAn inmate's complaint, which led the Indiana Supreme Court to find the Three Strikes Law to be unconstitutional last year,
was properly dismissed under the Frivolous Law Claim by the trial court on remand, the Indiana Court of Appeals ruled today.
MoreCOA: Rule of incredible dubiosity not applicable
June 4, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a man's domestic battery conviction and sentence, concluding his wife's testimony
about the altercation wasn't subject to the rule of incredible dubiosity.
MoreCOA reiterates confidential-information filing
June 3, 2009
Jennifer NelsonThe Indiana Court of Appeals emphasized in an opinion today the proper procedure for filing documents with confidential information,
instigated by the fact the appellant's original appendix included a pre-sentence report on white paper and included a
Social Security number.
MoreIssues of fact in molestation suit against father
June 2, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a motion of summary judgment by a father accused of molesting two of his
adopted sons when they were children.
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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 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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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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.