Court opinions

Expungement bid for 1975 crime fails at 7th Circuit

August 28, 2015
Dave Stafford

A career criminal lost his appeal before the 7th Circuit Court of Appeals that sought to throw out a 1975 conviction.

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7th Circuit stops collection of hospital assessment fee

August 28, 2015
Marilyn Odendahl
St. Catherine Hospital was successful in getting a reprieve from a dispute with the state of Indiana over the hospital assessment fee.  
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Court of Appeals green lights Boonville annexation

August 28, 2015
Marilyn Odendahl
The fourth time has proven to be a charm for the city of Boonville as the Indiana Court of Appeals is allowing the municipality to annex more than 1,000 acres over the objections of several landowners.
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COA affirms IURC has no jurisdiction over gas vendor

August 28, 2015
Dave Stafford
A northern Indiana business that filed a complaint with the Indiana Utility Regulatory Commission when its gas bills were higher than expected lost its appeal of the agency’s dismissal of the complaint Friday.
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Go-it-alone defendant has hard day in court

August 28, 2015
Marilyn Odendahl
A pro se defendant who changed his mind and asked for counsel mid-trial instead got a lesson in legal precedent.
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Pro se plaintiff wins appeal round vs. DOC

August 28, 2015
Dave Stafford
A pro se plaintiff who claimed property seized from him in a “strip cell” disciplinary action and wasn’t returned will have his day in court after the Indiana Court of Appeals reinstated his claim Friday.
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Grandmother granted too much visitation time, COA rules

August 28, 2015
Dave Stafford
A paternal grandmother was properly granted visitation time with her granddaughter, but the Indiana Court of Appeals ruled Friday the court abused its discretion by awarding too much visitation time.
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Award of attorney fees in wrongful death depends on existence of survivors

August 27, 2015
Marilyn Odendahl
In a case of first impression, the Indiana Supreme Court said it was “neither absurd nor contrary to public policy” to find the state’s General Wrongful Death Statute provides different damage awards depending on survivors.
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Justices affirm denial of intervention in lengthy foreclosure suit

August 27, 2015
Dave Stafford
A clerk’s failure to docket a Carmel homeowner association’s judgment against a homeowner doesn’t mean a mortgagee was denied notice that a claim existed against the property, the Indiana Supreme Court ruled Thursday. Justices held a lis pendens filing  provided sufficient notice.
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7th Circuit affirms ruling but rejects rationale

August 27, 2015
Marilyn Odendahl
Although it agreed with the decision to toss the testimony of three experts, the 7th Circuit Court of Appeals cautioned the District Court about blanket assertions.
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Counterclaim in assault gets tossed

August 27, 2015
Marilyn Odendahl
A party guest arrested for allegedly assaulting two sheriff’s deputies was two months too late in filing a counterclaim.
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DCS workers' suit on unpaid overtime dismissed

August 27, 2015
 Associated Press
A federal judge has dismissed a lawsuit filed by two Indiana Department of Child Services investigators over having to work extensive overtime without receiving extra pay.
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COA finds medical provider made ‘reasonable effort’

August 25, 2015
Marilyn Odendahl
Telling the victim’s father it could not infer legislative intent, the Indiana Court of Appeals found a mental health care treatment center did comply with the state’s statutory requirements.
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7th Circuit affirms judgment for school in bullying case

August 25, 2015
Dave Stafford
A federal lawsuit brought against northwestern Indiana school corporations over a child’s alleged bullying was properly decided in favor of the schools on summary judgment, the 7th Circuit Court of Appeals ruled Tuesday.
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Kentucky taxpayers owe $2.3 million in fees in same-sex marriage case

August 25, 2015
 Associated Press
Attorneys who successfully challenged Kentucky’s ban on same-sex marriage have submitted a bill for more than $2 million in legal fees, court costs and related expenses. The state of Kentucky, as the losing party in the case, gets stuck with the tab under federal civil-rights law.
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Court of Appeals affirms man’s domestic battery conviction

August 18, 2015
Dave Stafford
Evidence from a forensic nurse was not improperly admitted in the trial of a man who was convicted of felony domestic battery against his girlfriend of 20 years.
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Judge’s sanction in gun IP suit decries ‘peevishness’

August 17, 2015
Dave Stafford
An intellectual property lawsuit between gunmakers “has grown into a Dickensian monstrosity,” a federal judge wrote Friday, criticizing parties for “peevishness.”
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Supreme Court rejects Think Tank trade secret appeal

August 17, 2015
IL Staff
A divided Indiana Supreme Court declined to hear an appeal from a northwest Indiana software company that unsuccessfully sued former employees it claimed divulged trade secrets to a competitor.
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7th Circuit not convinced by inmate’s double jeopardy argument

August 17, 2015
Marilyn Odendahl
A convicted sex offender who did not have the requisite certificate of appealability was still able to present his constitutional claims, but the 7th Circuit Court of Appeals found no grounds to overturn his conviction and sentence. 
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Reversal: Ex-DOC worker wins appeal in bid to marry inmate

August 17, 2015
Dave Stafford
A former contract worker who quit her job at an Indiana prison after her sexual relationship with an inmate was discovered was wrongly denied permission to marry him, the 7th Circuit Court of Appeals ruled Friday.
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Mom loses appeal against Planned Parenthood

August 17, 2015
Dave Stafford
A mom who sued Planned Parenthood after her 17-year-old daughter used another person’s ID and posed as an 18-year-old to get an abortion has no private cause of action to enforce abortion statutes. Planned Parenthood also owed no duty to the mother under the circumstances, the Indiana Court of Appeals ruled Monday.
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7th Circuit won’t reinstate Lauren Spierer family’s lawsuit

August 14, 2015
Dave Stafford
A civil lawsuit filed by the parents of missing Indiana University student Lauren Spierer was properly decided in favor of defendants who were among the last people to see her, the 7th Circuit Court of Appeals ruled Friday.
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Police deadly force justified against suicidal man

August 14, 2015
Dave Stafford
Police who shot and killed a suicidal man in his Cloverdale home were justified in using deadly force under the circumstances, the 7th Circuit Court of Appeals ruled Friday.
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Fired Polaris technician wins reversal at 7th Circuit

August 14, 2015
Marilyn Odendahl
A former Indianapolis lab technician presented enough evidence to support her claims of discrimination and retaliation that the 7th Circuit Court of Appeals overturned summary judgment in favor of her former employer.
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Life sentence ordered in deadly Indianapolis house blast

August 14, 2015
 Associated Press
The man convicted of planning a massive Indianapolis house explosion that killed two neighbors was sentenced Friday to life without parole.
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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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