Indiana Court of Appeals

Judges affirm criminal recklessness conviction

December 21, 2012
Jennifer Nelson
Someone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals held in a first impression case.
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Judges reinstate administrative order to refund excessive title insurance premiums

December 19, 2012
Jennifer Nelson
After finding a trial court exceeded its authority when it reweighed evidence presented to a hearing officer regarding overcharging of title insurance premiums by several agencies, the Indiana Court of Appeals reinstated the administrative order issued by the Indiana commissioner of insurance to refund excessive premiums.
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COA orders continuation of insurer’s case against tenant

December 19, 2012
Jennifer Nelson
Because Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action against the tenant after a fire started on her patio.
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Justices reinstate 80-year sentence

December 19, 2012
Jennifer Nelson
Disagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s two young daughters.
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Powers collide in utility rate case charged by ethics scandal

December 19, 2012
Dave Stafford
Undue influence is an undercurrent of Duke Energy v. Indiana Utility Regulatory Commission case.
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State drops charges against mom whose murder, arson convictions were overturned

December 18, 2012
Jennifer Nelson
The state has dropped charges against Kristine Bunch, the Decatur County woman who claimed she was wrongfully convicted of killing her son in a fire in 1995. Bunch was convicted in 1996 of murder and arson, but the Court of Appeals ordered a new trial this year.
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Attempted ‘hybrid’ defense delay didn’t violate speedy trial rule

December 18, 2012
Dave Stafford
A criminal defendant who filed motions on his own behalf and who also had consented to appointment of a special public defender was not denied a speedy trial when a delay of more than 70 days occurred, the Court of Appeals ruled Tuesday.
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The Star asks Supreme Court to review order to name online commenter

December 18, 2012
Dave Stafford
The Indianapolis Star has asked the Indiana Supreme Court to hear its appeal of an order that it identify an anonymous commenter who posted messages on its website that became part of a defamation suit.
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Woman who invited abusive spouse did not violate no-contact protective order

December 14, 2012
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals ruled the Indiana General Assembly was deliberate when it did not criminalize the violation of a protective order by the protected person.
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Star seeks rehearing on order to identify online commenter

December 14, 2012
Dave Stafford
The Indianapolis Star is asking the Court of Appeals to reconsider its order issued Dec.7 that required the newspaper to release the name of an online commenter Friday to a plaintiff who claims the remarks defamed him.
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Split court upholds $3.9 million workplace injury judgment

December 14, 2012
Dave Stafford
Whether a general liability carrier could intervene in a workplace injury lawsuit that awarded a plaintiff $3.9 million is a question that divided the Indiana Court of Appeals, which affirmed the lower court ruling.
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COA reminds ex-spouse that turnips cannot bleed

December 14, 2012
Marilyn Odendahl
Calling her interpretation of Indiana law incorrect, the Court of Appeals rejected a woman’s argument against the decrease in her spousal support and reminded her that “one cannot bleed a turnip.”  
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Divided appeals court affirms denial of incapacity maintenance

December 14, 2012
Dave Stafford
A woman with longstanding disabilities denied incapacity maintenance in her divorce judgment convinced one appellate judge that the trial court abused its discretion, but the majority affirmed the lower court’s decision.
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Judges uphold workers’ comp claim for nurse

December 14, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s ruling in favor of a home health care registered nurse on her claim for workers' compensation. The judges rejected the company’s argument that the board’s decision was based on the defunct “positional risk doctrine.”
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Judges rule legal malpractice claim untimely

December 13, 2012
Jennifer Nelson
A family who sued an Allen County attorney after finding out he did not properly obtain ownership of a railroad right-of-way in 1995 lost its appeal before the Indiana Court of Appeals because the family’s lawsuit is barred by the statute of limitations.
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Builder allowed to foreclose on lien

December 12, 2012
Jennifer Nelson
The Indiana Court of Appeals found a Lake Superior judge erred in denying a construction company’s request to foreclose on a mechanic’s lien after the client withheld a final payment, claiming faulty work.
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Court reverses felony convictions stemming from domestic incident

December 11, 2012
Jennifer Nelson
The state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery, the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.
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Judges reverse teen’s conspiracy to commit murder conviction

December 11, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder, finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance of a waiver hearing.
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Justices deny Bisard’s blood evidence appeal

December 11, 2012
IL Staff
The Indiana Supreme Court let stand a ruling by the Court of Appeals allowing blood test results to be admitted in the drunken driving fatality trial of Indianapolis Metropolitan Police Department officer David Bisard.
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Company’s offer to replace driveway an enforceable agreement

December 10, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed a small claims judgment in favor of a concrete company regarding whether the company had to follow through on replacing a driveway for a customer who was unhappy with the work a year later.
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Failure to report abuse charges to proceed against athletic director

December 10, 2012
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of LaPorte Community School Corp.’s athletic director Edward Gilliland’s attempt to dismiss two counts of misdemeanor failure to report child abuse filed against him. The charges stem from the conduct of LaPorte High School’s junior volleyball coach Robert Ashcraft.
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COA rules it doesn’t have jurisdiction over online comment appeal

December 10, 2012
Jennifer Nelson
The Indiana Court of Appeals issued a 20-page order Dec. 7 outlining why Judges Edward Najam and Elaine Brown dismissed The Indianapolis Star’s latest appeal against having to release the name of an online commenter to the plaintiff in a lawsuit.
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COA overturns conviction, ruling statements about age not relevant for treatment

December 7, 2012
Marilyn Odendahl
A Marion County man had his conviction overturned after the Indiana Court of Appeals found a social worker’s statements about his age were hearsay because they were not made specifically for a medical purpose.
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COA: Admitted evidence of 20-year-old crimes requires reversal

December 7, 2012
Dave Stafford
A civil judgment in favor of a woman who claimed her ex-husband battered her and forged her name on a quitclaim deed was vacated Friday. A Court of Appeals panel ruled that evidence of the ex-husband’s criminal convictions from the 1980s were prima facie error.
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Majority affirms trial court in failed lease suit

December 7, 2012
Jennifer Nelson
The majority on the Indiana Court of Appeals affirmed the trial court’s ruling in favor of a leasing company on a suit brought by the homeowners after the lessees failed to pay their rent.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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