Indiana Court of Appeals
Judges rule legal malpractice claim untimely
December 13, 2012
Jennifer NelsonA 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.
MoreBuilder allowed to foreclose on lien
December 12, 2012
Jennifer NelsonThe 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.
MoreCourt reverses felony convictions stemming from domestic incident
December 11, 2012
Jennifer NelsonThe 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.
MoreJudges reverse teen’s conspiracy to commit murder conviction
December 11, 2012
Jennifer NelsonThe 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.
MoreJustices deny Bisard’s blood evidence appeal
December 11, 2012
IL StaffThe 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.
MoreCompany’s offer to replace driveway an enforceable agreement
December 10, 2012
Jennifer NelsonThe 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.
MoreFailure to report abuse charges to proceed against athletic director
December 10, 2012
Jennifer NelsonThe 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.
MoreCOA rules it doesn’t have jurisdiction over online comment appeal
December 10, 2012
Jennifer NelsonThe 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.
MoreCOA overturns conviction, ruling statements about age not relevant for treatment
December 7, 2012
Marilyn OdendahlA 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.
MoreCOA: Admitted evidence of 20-year-old crimes requires reversal
December 7, 2012
Dave StaffordA 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.
MoreMajority affirms trial court in failed lease suit
December 7, 2012
Jennifer NelsonThe 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.
MoreCOA splits over reversing possession conviction
December 7, 2012
Jennifer NelsonA divided Court of Appeals upheld a man’s possession of marijuana conviction that stemmed from a 911 call. Dissenting
Judge James Kirsch doesn’t believe that the providing of a name by a 911 caller removes this case from the category
of an anonymous caller, thus the call doesn’t give police enough evidence to stop the car the defendant was in.
MoreInsurer doesn’t have to cover cleanup of California sites
December 6, 2012
Jennifer NelsonRelying on California law and a case from 2006, the Indiana Court of Appeals affirmed that an insurer of former film-processing
sites has no obligation to indemnify Thomson Inc. for the remediations of three California locations.
MoreCOA rules against longtime shooting range owner
December 6, 2012
Jennifer NelsonA Marshall Circuit judge erred in granting partial summary judgment in favor of a shooting range owner on his neighbors’
claims of nuisance, the Indiana Court of Appeals held Thursday. The appellate judges found a statute cited by the trial court
did not apply to the owner.
MoreJudges affirm 911 recording properly admitted as evidence
December 5, 2012
Jennifer NelsonRuling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that
were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller
did not.
MoreCOA not persuaded by defendant’s claims on appeal
December 5, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property
and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during
his trial.
MoreRefusal to give jury instruction not harmless error
December 5, 2012
Jennifer NelsonA trial court’s error in refusing to give a defendant’s tendered self-defense and resistance of unlawful force
instructions during his trial was not harmless and requires the man’s conviction of Class D felony resisting law enforcement
be overturned, the Indiana Court of Appeals held Wednesday.
MoreMother’s consent to adoption not required
December 5, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the decision by the Wabash Circuit Court to deny a father and his wife’s petition
to allow his wife to adopt his minor child, finding the biological mother’s consent is not required.
MoreCourt split over valid ID requirement for name change
December 5, 2012
Jennifer NelsonThe Court of Appeals concluded Wednesday that the trial court erred when it required a valid driver’s license or state
identification card as a prerequisite to grant a petition for a name change under Indiana Code 34-28-2, but split over whether
an elderly man can change his name because he’s never had a valid state-issued ID.
MoreResisting conviction reversed, but meth convictions stand
December 4, 2012
Dave StaffordA man who was convicted of multiple methamphetamine felonies had his misdemeanor resisting law enforcement conviction reversed,
but the Court of Appeals was not persuaded to overturn his drug convictions.
MoreCOA affirms on rehearing its ruling against Bloomington dry cleaner
December 4, 2012
Dave StaffordThe Indiana Court of Appeals rejected on rehearing a Bloomington dry cleaner’s request that it reconsider its August
ruling that went against him.
MoreCOA rehearing restates trial court survey remedies
December 4, 2012
IL StaffThe Indiana Court of Appeals granted rehearing in a Starke County case in which the reliability of a survey is at issue.
MoreCOA affirms sex offender’s removal from registry
December 3, 2012
Dave StaffordA man convicted of rape in Pennsylvania in 1993 is not required to register as a sex offender in Indiana, the Court of Appeals
affirmed Monday.
MoreCOA rejects insurer’s new arguments
November 30, 2012
Marilyn OdendahlAn insurance provider was unsuccessful in its attempt to convince the Indiana Court of Appeals to change its mind that the
company has a duty to indemnify or defend.
MoreAppeals court reverses adoption; birth mother denied due process
November 30, 2012
Dave StaffordA Jasper County mother was denied due process when her children were allowed to be adopted while the birth mother’s
appeal of her termination of parental rights was pending, the Indiana Court of Appeals ruled Friday.
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Indianapolis law firm Stewart & Irwin closing
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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
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Mediation space key to resolution, even if it’s a getaway divorce
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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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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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.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...