Judge Terry A. Crone

Judges reverse dismissal of application to adjust claim

January 14, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed the decision by the full Worker’s Compensation Board that a medical services provider’s application for an adjustment of claim was barred by the two-year statute of limitations found in Indiana Code Section 22-3-3-3. The appellate court relied on a recent decision involving a similar scenario to make its ruling.
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Court clarifies, reaffirms its prior back pay ruling

December 30, 2010
Michael Hoskins
The Indiana Court of Appeals denied an Attorney General’s request to clarify a previous ruling that slashed a $42.4 million damages award, and clarified the two-month period from which state employees can recover back pay.
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Court rules on artificial insemination issues

December 27, 2010
Jennifer Nelson
A divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two children conceived by artificial insemination.
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Judges: early retirement ends unemployment benefits

November 5, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the termination of unemployment benefits for an auto worker who accepted an early retirement package after she was laid off.
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Court divides over injury claim under insurance policy

October 29, 2010
Jennifer Nelson
The Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury” under their uninsured motorist coverage.
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Judges split on court's role in garnishments with pro se debtors

October 28, 2010
Jennifer Nelson
The Indiana Court of Appeals was divided on whether a trial court should assert exemptions in garnishment actions on behalf of debtors who aren’t represented by counsel.
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Court cuts $42.4 million state back pay award

October 8, 2010
Michael Hoskins
The Indiana Court of Appeals today significantly slashed a $42.4 million damages award against the state, cutting the period from which employees can recover back pay from 20 years to about two months.
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Court reaffirms 3-step test for in camera review

September 24, 2010
Jennifer Nelson
The Indiana Court of Appeals doesn’t believe that its previous ruling regarding the in camera review of an organization’s documents relating to alleged molestation victims sends the message that it’s “open season” on the records of victim services providers.
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Appellate court vacates murder, dealing convictions

September 23, 2010
Jennifer Nelson
The Indiana Court of Appeals vacated convictions of felony murder and dealing in a controlled substance because the state didn’t prove the man was involved in the dealing of ecstasy.
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Wrongful death statute allows for attorney fees, other costs

September 17, 2010
Elizabeth Brockett
Compensation for attorney fees and other costs can be awarded under the Adult Wrongful Death Statute, ruled a Court of Appeals panel today.
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Attenuation doctrine doesn't apply under Indiana Constitution

September 10, 2010
Jennifer Nelson
The attenuation doctrine has no application under the state’s constitution, the Indiana Court of Appeals ruled today in a case alleging an unconstitutional search.
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Judges split in adopted trust-beneficiaries matter

August 13, 2010
Jennifer Nelson
In an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.
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COA: Trial court to decide pre-sentencing educational credit time

July 23, 2010
Elizabeth Brockett
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing, the Indiana Court of Appeals ruled today.
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Defendants entitled to competency hearing in probation revocations

July 22, 2010
Jennifer Nelson
Defendants are entitled to a competency hearing as part of their due process rights, the Indiana Court of Appeals concluded today, addressing the issue for the first time.
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3-step test needed to balance rights

July 15, 2010
Jennifer Nelson
Indiana’s victim-advocate privilege is limited by a criminal defendant’s constitutional rights, the Indiana Court of Appeals concluded today on the matter of first impression.
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Town lacked needed consents to annex land

July 15, 2010
Jennifer Nelson
The Indiana Court of Appeals addressed for the first time whether the waiver of the right to object to, remonstrate against, or appeal an annexation constitutes “consent” to an annexation under Indiana Code.
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Court addresses fine line between traffic stop, arrest

July 9, 2010
Michael Hoskins
The Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a legitimate traffic stop.
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COA: Teen didn't resist law enforcement

July 7, 2010
Jennifer Nelson
A teen who refused to stand up or pull up his pants when ordered by a police officer did not resist law enforcement, the Indiana Court of Appeals ruled today.
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COA reverses judgment on 1 cross-claim in library appeal

June 28, 2010
Jennifer Nelson
The Indianapolis-Marion County Public Library should be able to pursue a cross-claim against an engineering company for breach of professional standard of care, the Indiana Court of Appeals ruled today.
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Court rules on literacy program, educational credit time

June 9, 2010
Michael Hoskins
While applauding a prison inmate for pursuing higher education while behind bars, the Indiana Court of Appeals has determined that man shouldn’t receive additional educational credit time for a program the state system doesn’t consider to fit into its definition of “literacy and life skills” programs.
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Insurance presents first-impression issue

October 30, 2009
Jennifer Nelson
The Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a former employer aren't a marital asset subject to a division.
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COA splits on cheek-swab requirements

September 30, 2009
Jennifer Nelson
A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.
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COA rules on parenting time restriction

August 14, 2009
Jennifer Nelson
Indiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during a hearing in which a mother's parenting time was restricted.
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COA: Park ban violates ex post facto laws

June 9, 2009
Jennifer Nelson
Relying heavily on a recent Indiana Supreme Court decision regarding sex offenders and ex post facto laws, the Indiana Court of Appeals split in finding a city ordinance banning a convicted sex offender who no longer has to register with the state was punitive and unconstitutional as applied to him.
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Judges differ in non-compete agreement case

May 18, 2009
Jennifer Nelson
In a legal dispute regarding a non-compete agreement, the Indiana Court of Appeals judges disagreed as to whether the agreement could be enforced if the former employee's clients voluntarily left and contacted him to continue to be their accountant.
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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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