Indiana Court of Appeals

COA: Fees can be charged in case without indigency hearing

April 14, 2016
Scott Roberts
The Indiana Court of Appeals said an indigency hearing is not required before determining fees in a court case, though it should be conducted at some point, in a case where a man was charged more than $1,000 in court fees without a hearing. It also said the court cannot impose requirements that he maintain a “C” average in his school and have full-time employment.
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COA: Venue convenience does not trump precedence

April 13, 2016
Scott Roberts
The Indiana Court of Appeals said convenience does not trump precedence and reversed and remanded a transfer of venue that would have taken an auto insurance complaint from Marion to Johnson County.
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E-filing pleadings to be mandatory July 1

April 12, 2016
After deciding last week all appellate pleadings and motions would be available online at mycase.in.gov within the next 60 days, the Indiana Supreme Court announced Tuesday electronic filing of all pleadings to pending cases will become mandatory for all attorneys in Indiana appellate courts as well as Hamilton County Circuit and Superior Courts July 1.
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COA: Commissions do not qualify as wages under Wage Payment Statute

April 11, 2016
Scott Roberts
The Indiana Court of Appeals found commissions paid to a woman who was working as a salesperson at a furniture store did not qualify as wages, and therefore granted summary judgment to the store. The woman claimed her commission payments were not paid within the 10-day limit required under the Indiana Wage Payment Statute.
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Appellate pleadings, motions to be put online sometime in next 60 days

April 11, 2016
Scott Roberts
The Indiana Supreme Court task force created to look into remote access and privacy of electronic records has decided appellate pleadings and motions filed by attorneys will be put online at mycase.in.gov sometime within the next 60 days
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COA: Statute of limitations prevents business partner’s lawsuit

April 7, 2016
Scott Roberts
The Indiana Court of Appeals upheld summary judgment for a man who left one business partnership and started another and was later sued, ruling the statute of limitations on the disgruntled partner’s lawsuit had expired on both of his claims.
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COA: Agreed judgment not appealable

April 7, 2016
Scott Roberts
The Indiana Court of Appeals said an agreed judgment is not appealable and reversed a Marion Superior Court decision that ruled in favor of a woman who prolonged judgment in the court so she wouldn’t have to pay $850 in medical bills and fees.
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COA: Man can keep $25,000 deposit

April 6, 2016
Scott Roberts
A man can keep the $25,000 deposit paid to him after a real estate sale did not through, the Indiana Court of Appeals ruled Wednesday. The contract the parties entered into was enforceable and did not specify financing as part of the sale.
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COA: Woman’s motion in divorce case can stand

April 6, 2016
Scott Roberts
The Indiana Court of Appeals ruled a woman seek to modify a divorce agreement after she found her husband hid more than $1 million in undisclosed assets five years later.
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Line in the sand

April 6, 2016
Dave Stafford
Public access and use of the Lake Michigan shore clashes with private property rights in heated case of first impression.
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Chargemaster rates questioned

April 6, 2016
Scott Roberts
A divided Court of Appeals ruling allowing a patient to view hospital prices may be headed to the Indiana Supreme Court.
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COA dismisses improperly filed preliminary injunction motion

April 5, 2016
Scott Roberts
The Indiana Court of Appeals dismissed a motion for preliminary injunction against the state’s Medicaid Fraud Control Unit filed by Pain Medicine and Rehabilitation Center and Anthony Alexander after it found PMRC’s motion in the trial court was not procedurally correct.
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Court reduces man's sentence by 3 years

April 5, 2016
Scott Roberts
The Indiana Court of Appeals reduced a man’s aggregate sentence by three years after it found he was denied effective assistance of counsel when his counsel did not bring up a statutory limitation issue.
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State appellate briefs make online debut

April 1, 2016
IL Staff
Briefs filed in Indiana appeals were made available for online for the first time Friday.
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Interim appellate court clerk replaces Smith

April 1, 2016
Dave Stafford
Long-serving Indiana appellate court clerk Kevin S. Smith resigned recently, and former deputy clerk Greg Pachmayr is now serving as interim clerk.
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Man must pay to clean up meth mess, court affirms

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man must pay to clean up the remnants of his meth lab after it found Indiana Code justified the payment and there was a victim to whom restitution should be paid.
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COA: Patient not notified doctor was independent contractor

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man was never notified that the doctor treating him was an independent contractor and not an employee and therefore reversed summary judgment to the hospital and remanded the man’s vicarious liability case to the trial court.
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Majority: injured worker’s immigration status relevant

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision a man’s immigration status is valid evidence in a case where he was injured while working in the United States as an undocumented immigrant.
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COA: Man has to abide by settlement

March 30, 2016
Scott Roberts
A man must abide with the agreement he settled on even though he had later second thoughts. The Indiana Court of Appeals found he breached a contract after he came to a settlement with an insurance company.
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COA: Contract can be rescinded after land misrepresented

March 29, 2016
Scott Roberts
The Indiana Court of Appeals found a rental company could rescind its purchasing contract for a tract of land after the company that owned the land misrepresented it to the buyer.
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COA: Flood plain ordinance is enforceable, residential ordinance is not

March 28, 2016
Scott Roberts
A builder must seek a special exception to mine in a flood plain zone after the Indiana Court of Appeals found that ordinance enforceable under state statute. However, an ordinance that doesn’t allow mining within two miles of a residential area is not enforceable because it was not enacted in accordance with Indiana’s zoning statutes.
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CHINS case dismissed for lack of subject matter jurisdiction

March 24, 2016
Scott Roberts
A mother’s appeal of a trial court’s order terminating her visitation with her child and denying her motion to modify the permanency plan in a CHINS case was dismissed by the Indiana Court of Appeals for lack of subject matter jurisdiction.
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Woman claiming defamation after charges dropped loses appeal

March 24, 2016
Scott Roberts
A woman who sued for defamation against her employer and a private investigator after she was acquitted of two counts of theft will not gain relief after the Indiana Court of Appeals upheld summary judgment for the employer and investigator in her case.
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COA trims man’s robbery, sex offense sentence from 248 to 218 years

March 24, 2016
Dave Stafford
An Indianapolis man who was one of five accomplices who robbed a house and sexually assaulted victims inside during a two-hour rampage will likely spend the rest of his life behind bars, but the Indiana Court of Appeals ruled Thursday he had been subjected to double jeopardy and trimmed 30 years off his sentence.
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COA: Trial court did not follow Batson regulations when dismissing Hispanic juror

March 24, 2016
Scott Roberts
A trial court did not follow Batson regulations when dismissing a Hispanic juror before the trial of a man convicted of Class D felony intimidation and Class A misdemeanor domestic battery, and as such the Indiana Court of Appeals reversed his convictions, finding the evidence enough for him to stand trial again.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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