Court opinions
COA reverses summary judgment for NCAA on negligence claim
May 22, 2013
Jennifer NelsonA woman who was injured at a fencing event at the University of Notre Dame should have been granted more time to present relevant
materials in opposition to the National Collegiate Athletic Association’s motion for summary judgment on her negligence
claim, the Indiana Court of Appeals ruled Wednesday.
MoreDefendant not at fault for failing to timely appeal
May 22, 2013
Jennifer NelsonThe Indiana Court of Appeals declined to hold a man at fault for the failure to file a timely notice of appeal, pointing to
his attorney’s death from cancer shortly after the sentencing hearing.
MoreJustices reinstate COA decision in Simon defamation suit
May 22, 2013
Jennifer NelsonThe Indiana Court of Appeals opinion reversing a Marion Superior judge’s denial of a California attorney’s motion
to dismiss a defamation lawsuit filed by Herbert Simon will stand. The state’s highest court split evenly over whether
the trial court should have denied that motion.
MoreEasterbrook: 7th Circuit 'nation's leader' in productivity
May 22, 2013
Dave StaffordChief Judge Frank Easterbrook of the 7th Circuit Court of Appeals presented his final State of the Circuit address during
the Circuit conference this month in Indianapolis, describing the federal appellate court for Indiana, Illinois and Wisconsin
as perhaps the nation’s most industrious.
MoreSupreme Court’s ruling for Monsanto described as good decision
May 22, 2013
Marilyn OdendahlThe Supreme Court of the United States decision upholding the patent owned by Monsanto Co. was surprising only in its unanimous
affirmation.
MoreJuvenile reversal sets new conditional admissions standard
May 21, 2013
Dave Stafford
A Court of Appeals panel on Tuesday reversed a ruling in a juvenile case and set a new standard for how juvenile judges must
handle conditional admission agreements when probable cause is disputed.
'Pleading the Fifth' not the same as admitting to criminal act
May 20, 2013
Marilyn OdendahlA reference made during a trial to “pleading the Fifth” is not an admission of a crime and, therefore, by itself
is not grounds for a mistrial, the Indiana Court of Appeals has ruled.
MoreLengthy gun sentence affirmed in 2011 hotel standoff
May 20, 2013
Dave StaffordA federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase,
assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August
2011.
MoreCourt rules county may re-establish hospital building fund
May 20, 2013
Dave StaffordJasper County was improperly denied the ability to establish a cumulative building fund and tax levy to enlarge and remodel
a hospital, the Indiana Tax Court ruled.
More7th Circuit orders resentencing, muses ‘wine speaks truth’ in felon gun case
May 20, 2013
Dave StaffordAn Elkhart felon’s defense that he was drunk at the time he told police that guns they confiscated from his girlfriend’s
apartment belonged to him failed to sway the 7th Circuit Court of Appeals, which did find another error and order him to be
resentenced.
MoreClass A felony sentences not inappropriate under Appellate Rule 7(B)
May 17, 2013
Marilyn OdendahlTwo convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were
not inappropriate under Appellate Rule 7(B).
MoreJustices block Schiralli’s Lake County bench transfer
May 17, 2013
Dave StaffordThe Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge
Mary Beth Bonaventura after her appointment to head the Department of Child Services.
MoreBailiff’s communication with juror leads to reversal of convictions
May 16, 2013
Jennifer NelsonThe bailiff at a man’s trial for criminal recklessness and resisting law enforcement improperly communicated with the
jury foreperson regarding reaching a verdict, leading the Indiana Court of Appeals to reverse Jason Lee Sowers’ convictions.
MoreCOA: Man knowingly pleaded guilty to fraud charge
May 16, 2013
Jennifer NelsonA post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony
failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to
the separate charges in one agreement.
MoreCOA rules for first time on retroactivity of Mineral Lapse Act
May 15, 2013
Jennifer NelsonThe Indiana Court of Appeals has held that a portion of the Mineral Lapse Act is limited in its retroactive application to
only the 20-year period immediately proceeding the Sept. 2, 1971, effective date of the Act.
MoreJustices rule in favor of Vincennes Girl Scouts in dispute over camp
May 14, 2013
Jennifer NelsonIndiana Code 32-17-10-2 is unconstitutional as applied retroactively to a land-use restriction in a Vincennes Girl Scout organization’s
deed requiring an Illinois Girl Scout group to use deeded land as a camp for 49 years.
MoreJustices: Punitive damages cap, allocation do not violate Indiana Constitution
May 14, 2013
Jennifer NelsonThe Indiana Supreme Court unanimously reversed a Marion Superior judge’s 2011 decision in a sex-abuse case that held
the statutes that cap punitive damages and dictate their allocation violate the Indiana Constitution.
MoreFather’s testimony at molestation trial not fundamental error
May 14, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld a Lake County man’s conviction of Class C felony child molesting, rejecting the
defendant’s claims that some of the victim’s father’s testimony at trial resulted in fundamental error.
MoreJudges tell trial court to declare commissioner’s order void
May 13, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court’s denial of a title insurance company’s verified petition
for judicial review and declaratory relief, finding the court erred by requiring a separate showing of prejudice because the
Indiana insurance commissioner failed to comply with a mandatory statutory deadline regarding an order setting an investigatory
hearing.
MoreCourt clarifies decision on jury instructions
May 13, 2013
Jennifer NelsonThe Indiana Court of Appeals granted the state’s request for rehearing on a case in which the judges found the trial
court erred in not giving a defendant’s tendered jury instruction, but that the error was harmless. The state contended
that two cases dictated that there was no error by the court.
MoreSCOTUS rules against Indiana farmer in seed patent case
May 13, 2013
Jennifer NelsonA unanimous Supreme Court of the United States has ruled that patent exhaustion doesn’t allow a farmer to reproduce
patented seeds through planting and harvesting without the patent holder’s permission.
MoreMan’s prior conviction doesn’t render him a career offender
May 10, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals reversed the denial of a man’s habeas petition, finding his conviction of arson in
the third degree in Delaware doesn’t qualify as a crime of violence under U.S.S.G. Section 4B.1. As such, his current
sentence should be reduced to reflect he isn’t a career offender.
MoreState not trying to circumvent adverse ruling in refiling charges
May 10, 2013
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s felony cocaine dealing conviction, finding the state, when originally
dismissing charges and then later refiling them, was not trying to avoid an adverse ruling that barred testimony of a confidential
informant.
MoreDenial of post-conviction relief upheld by COA
May 10, 2013
Jennifer NelsonEven if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional
norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t
prejudiced because the trial court explained those consequences.
MoreCOA to trial judges: enter restitution orders at sentencing
May 10, 2013
Jennifer NelsonThe Indiana Court of Appeals sent a case in ‘procedural limbo’ back to trial court to enter a restitution order
within 30 days, which will allow the defendant to appeal his aggravated battery conviction. The appellate judges also advised
trial courts on the pitfalls of postponing ordering restitution when ordering a sentence.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.