5 Court of Appeals judges up for retention
One third of the Indiana Court of Appeals judges face a retention vote this year. Read the judges’ answers to questions posed by Indiana Lawyer.
Judge Melissa S. May
Articles
COA panels divided on attorney’s fees under AWDA
Nearly a month after an Indiana Court of Appeals panel ruled attorney’s fees aren’t recoverable under the Adult Wrongful
Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
Court declines to review commitment cases differently
The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
Court rules on first impression ‘alibi’ witness issue
A trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana
Court of Appeals ruled today in an issue of first impression.
COA reverses modification of juvenile’s probation
The Indiana Court of Appeals reversed the order to send a juvenile to prison because the state didn’t present any evidence
to support alleged probation violations to justify the placement modification.
5 appeals judges up for retention
A third of the Indiana Court of Appeals judges face voter retention this year, including two initially appointed within the past three years to fill vacancies on the state’s second highest court. With a month and a half before the filing deadline, one of the applicants says that all five appellate judges submitted their retention […]
Instant offense considered ‘unrelated’ per statute
The trial court was correct in interpreting the state's habitual offender statute to include an instant conviction as one of the "unrelated" convictions referred to in the statute, the Indiana Court of Appeals ruled today.
COA: findings don’t support attorney fees
The Indiana Court of Appeals remanded a case today involving attorney fees – the appellate court questioned whether the Indiana High School Athletic Association was trying to dissuade appeals by athletes – because the findings of the case currently don't support the judgment.
COA: Dog sniff requires reasonable suspicion
Analyzing the issue for the first time, the Indiana Court of Appeals today determined reasonable suspicion is needed to conduct a drug-detecting dog sniff of a private residence. Even though the state didn't argue the police had reasonable suspicion, it established the officers relied on the warrant executed after the sniff in good faith.
Mom’s promoting prostitution sentence stands
The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.
Judges differ on insurance coverage
A panel of Indiana Court of Appeals judges disagreed about whether a school bus driver who also worked as an independent farmer over the summer should be covered by the school corporation's insurance following a car accident while hauling grain.
Estate must be reimbursed for funeral expenses
The Indiana Court of Appeals upheld a trial court's approval of money received in a wrongful death suit of an Indianapolis attorney to be used to reimburse his estate for funeral and burial expenses.