Indiana Court of Appeals

Judges uphold sentence, but revise original opinion

February 1, 2013
Jennifer Nelson
The Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement in order to correct a misstatement of the law.
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Fraudulent concealment tolls Wrongful Death Act’s limitations period

January 31, 2013
Jennifer Nelson
The Wrongful Death Act’s two-year limitations period is tolled by fraudulent concealment, and plaintiffs whose wrongful death claims have been fraudulently concealed beyond the act’s limitations period have a full two years after the concealment is or should be discovered with reasonable diligence to file their claims, the Indiana Court of Appeals held in a case of first impression.
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Couple had to get permit before installing septic systems

January 31, 2013
Jennifer Nelson
Rejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed summary judgment for the health department on the matter.
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Court reverses grant of custody to grandmother

January 31, 2013
Jennifer Nelson
Finding that the Porter Circuit judge’s ruling is not supported by clear and convincing evidence, the Indiana Court of Appeals ordered the court vacate its award of physical custody of A.S. to her grandmother and return her to the care of her mother.
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Husband’s settlement proceeds should be included in marital pot

January 31, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the decision of the Monroe Circuit Court to include a husband’s settlement proceeds from an action against his former employer as a marital asset when he and his wife divorced.
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Weinberger owes patient $150k for unnecessary surgery

January 31, 2013
Jennifer Nelson
Dr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’ sinuses, must pay one patient $150,000 on a medical malpractice claim.
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Judges affirm 53-year sentence for bank shooting

January 31, 2013
Jennifer Nelson
The man who shot a pregnant teller in Indianapolis, leading to the death of her twins, had his sentence on remand upheld by the Indiana Court of Appeals.
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Judges rule on 'contentious' child support dispute, again

January 30, 2013
Jennifer Nelson
For the second time, a “contentious” child support dispute has come before the Indiana Court of Appeals. The judges upheld most of the obligations imposed on the father but ordered the trial court to use a different income allocation factor regarding certain bonuses.
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COA reverses former principal’s conviction for failing to immediately report student’s alleged rape

January 30, 2013
Jennifer Nelson
A split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.
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Student kicked out of IU medical school loses on breach of contract claim

January 30, 2013
Jennifer Nelson
An Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract claim.
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Statute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor

January 29, 2013
Marilyn Odendahl
A Hancock County man will not have his felony conviction reduced to a misdemeanor after the Indiana Court of Appeals ruled the state statute gives the courts the freedom to decide whether to grant or deny a petition.
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COA reversal of truck forfeiture allows movie fan to drive off into the sunset

January 29, 2013
Marilyn Odendahl
In a reversal of a trial court’s ruling, the Indiana Court of Appeals held that a man who pleaded guilty to selling pirated movies should not have had his truck taken by the state because violating copyright is not the same as stealing goods
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Judges’ ruling in email records case defers to public access counselor

January 29, 2013
Dave Stafford
A request for the email records of public officials that simply asks for emails to or from officials over a certain period of time doesn’t satisfy the Access to Public Records Act, a panel of the Indiana Court of Appeals ruled Tuesday.
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Dropped charges in habitual offender sentence distinguish conflicting rulings

January 25, 2013
Dave Stafford
A defendant who benefited when charges against him were dropped in exchange for a guilty plea is not entitled to relief under a subsequent Supreme Court ruling weighing the same set of charges, a panel of the Court of Appeals ruled Friday. Judges also drew distinctions with a conflicting COA opinion.
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COA rules minors must be active participants to meet statute’s definition of ‘child exploitation’

January 25, 2013
Marilyn Odendahl
A man who secretly photographed minor girls in their underwear is not guilty of child exploitation because those girls were not intentionally exhibiting themselves, a divided Indiana Court of Appeals has ruled.
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Teen father not deprived by lack of guardian ad litem in termination judgment

January 25, 2013
Dave Stafford
A 15-year-old who fathered a child was not deprived due process because a guardian ad litem wasn’t appointed for him during proceedings in which his parental rights were terminated.
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COA rules in favor of grandchildren in will dispute

January 24, 2013
Jennifer Nelson
The Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively receive a one-third share in the acreage.
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Attempted child molestation conviction does not lead to credit restricted status

January 24, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses that qualify under the credit restricted felon statute.
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Rule of lenity doesn’t apply on man’s escape conviction

January 24, 2013
Jennifer Nelson
The rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions of Class D felonies escape and attempted residential entry.
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Man wins appeal of case against Indiana Parole Board

January 23, 2013
Jennifer Nelson
Several conditions of a man’s parole following his conviction of criminal deviate conduct involving an adult – including prohibitions on spending time with his own children – were found to be overbroad or vague by the Indiana Court of Appeals Wednesday. The judges reversed the grant of partial summary judgment in favor of the Indiana Parole Board and other defendants on David Bleeke’s complaint for declaratory and injunctive relief.
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Judges rule on rehearing that company can hold mechanic’s lien

January 23, 2013
Jennifer Nelson
JM Woodworking petitioned the Court of Appeals for rehearing after the court decided in November 2012 that the company could not hold a mechanic’s lien against property of Fred and Mary Anna Feitler for unpaid bills on the construction of their home.
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COA: rehearing petition another example of how DCS ‘dropped the ball’ in case

January 23, 2013
Jennifer Nelson
The Indiana Court of Appeals granted the rehearing petitions of the Department of Child Services and a family who had a child removed from their care and re-examined the family’s federal civil rights claims and claims under the Indiana Tort Claims Act. The judges also chided DCS’ counsel for submitting a new document in the petition for rehearing that was not part of the record on appeal.
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Judges reverse denial of motion to suppress after car stopped for window tint

January 22, 2013
Jennifer Nelson
The Indiana Court of Appeals concluded on interlocutory appeal that an Indianapolis Metropolitan Police officer lacked reasonable suspicion when he stopped a man’s car due to the tint on his rear window because the evidence shows the window tint didn’t justify the stop.
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COA orders court to determine whether driver fired for just cause

January 22, 2013
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a St. Joseph Circuit judge erred by granting summary judgment in favor of a school corporation instead of making an independent determination of whether a school bus driver was discharged for just cause.
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Appeals court upholds dismissal of Star appeal on rehearing

January 18, 2013
Jennifer Nelson
The Indiana Court of Appeals granted The Indianapolis Star’s request for rehearing regarding the court’s decision to dismiss the newspaper’s appeal of a discovery order, but the court once again voted 2-1 to dismiss the appeal.
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  3. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  4. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

  5. Banana.Republic

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