Indiana Court of Appeals

Judges disagree on state's ability to appeal

February 16, 2012
Jennifer Nelson
The Indiana Court of Appeals issued a divided ruling Thursday on whether the state could appeal the denial of its motion to correct error after the trial court granted a defendant’s motion to suppress evidence. The majority decided the state’s appeal should be dismissed as untimely.
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Justices decline Camm prosecutor case

February 16, 2012
IL Staff
The Indiana Supreme Court decided Tuesday it will not disturb the ruling by the Indiana Court of Appeals that Floyd County Prosecutor Keith Henderson can’t be involved in the retrial of David Camm. Camm is set to be tried for a third time for the murders of his wife and two children.
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Ruling leads to questions about pregnant women's rights

February 15, 2012
Jenny Montgomery
The Indiana Court of Appeals was asked on interlocutory appeal to determine whether the Marion Superior Court erred in denying bail for Bei Bei Shuai, a woman being held on charges of attempted feticide and murder.
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Indiana Court Decisions Jan. 26-Feb. 8, 2012

February 15, 2012
IL Staff
Read For Publication opinions from Indiana's appellate courts and the 7th Circuit Court of Appeals.
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On rehearing, COA affirms original opinion

February 14, 2012
Jenny Montgomery
On petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with evidence.
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Mother's prior statement undermines argument on appeal

February 14, 2012
Jenny Montgomery
A mother who appealed a court’s order acknowledging that her ex-husband is the father of her child cannot prove that the court abused its discretion.
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COA reverses trial court in malpractice case

February 10, 2012
IL Staff
The Indiana Court of Appeals has sided with the commissioner of the Indiana Department of Insurance in a medical malpractice case.
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Evidence supports elevated burglary conviction

February 9, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar twisted her hand.
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Court erred in granting change of judge

February 8, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the grant of a stepfather’s motion for change of venue from the judge, holding the man is not a party to the underlying paternity action and therefore isn’t entitled to a change of venue from the judge under Indiana Trial Rule 76.
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COA affirms original sentence revision

February 8, 2012
Jennifer Nelson
The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.
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Court does not have subject matter jurisdiction over child support

February 8, 2012
Jennifer Nelson
In addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in the statutory scheme that leads to the “somewhat absurd result in this case.”
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Court split on dismissing murder, attempted feticide charges

February 8, 2012
Jennifer Nelson
In a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child, one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the feticide statute.
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Justices take secretary of state case

February 8, 2012
Jennifer Nelson
The Indiana Supreme Court decided Tuesday to hear the appeals of a Marion County judge’s decision that found Indiana Secretary of State Charlie White ineligible to hold office.
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Judges reverse felony sexual battery conviction

February 7, 2012
Jennifer Nelson
Because the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor battery.
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Homeowners' association can enforce ban on child day care

February 7, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the decision that would allow two homeowners to run a child care operation out of their residences. The homeowners’ association has restrictive covenants in place prohibiting the operation of a child care home.
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Appellate court to visit Sellersburg for arguments

February 3, 2012
IL Staff
The Indiana Court of Appeals will travel to a southern Indiana high school to hear a civil case involving First Amendment claims for a police officer’s private statements.
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Expert's voice carries weight

February 1, 2012
Michael Hoskins
Indiana Court of Appeals finds single expert can establish standard of care for legal malpractice.
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Justices rule on admitting testimony in crash cases

January 31, 2012
Jennifer Nelson
The Indiana Supreme Court released companion cases Tuesday on the issue of admitting certain expert testimony under Indiana Rule of Evidence 702 in two separate car accident cases.
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On petition for rehearing, appellate court affirms original opinion in drug case

January 31, 2012
Jenny Montgomery
A man convicted of Class D felony possession of methamphetamine asked the Indiana Court of Appeals to review its original opinion affirming the trial court.
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Appellate court affirms murder conviction; reverses on corpse abuse conviction

January 31, 2012
Jenny Montgomery
The erroneous admission at trial of a statement a man made to police unquestionably influenced the jury verdicts regarding his convictions of burglary and abuse of a corpse, causing the Indiana Court of Appeals to reverse those convictions. But the COA affirmed his conviction of and sentence for murder.
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COA affirms voyeurism charge for would-be prosecutor; Supreme Court issues suspension

January 31, 2012
Jenny Montgomery
The Indiana Court of Appeals has affirmed a voyeurism charge for William R. Wallace, a former candidate for Gibson County prosecutor. Wallace, who videotaped himself and a woman engaged in sexual intercourse, had filed an interlocutory appeal, claiming that he was innocent of Class D felony voyeurism because the sex was consensual.
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COA: Court erred in not granting request for change of judge

January 30, 2012
Jenny Montgomery
Indiana’s appellate court has reversed a trial court in denying a mother’s request for change of judge in a custody dispute.
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COA reverses trial court in OWI case

January 30, 2012
Jenny Montgomery
The Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence, holding that police did not violate his rights in an unusual traffic stop.
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Driver's appeal based on misinterpretation of previous COA decision

January 30, 2012
Jenny Montgomery
A woman convicted of Class A misdemeanor driving while suspended within 10 years of a prior infraction misinterpreted a prior case in support of her appeal.
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Tort Claims Act does not grant immunity for reckless conduct

January 27, 2012
Jenny Montgomery
The Indiana Court of Appeals held the Tort Claims Act does not grant immunity to law enforcement officers who fail to exercise reasonable care while driving.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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