Court opinions

COA affirms dismissal of PCR petition

February 24, 2017
Jennifer Nelson
A man challenging his guilty plea on the basis of ineffective assistance of counsel did not present any evidence to support his allegations, so the Indiana Court of Appeals affirmed summary disposition of his petition for post-conviction relief.
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Acupuncture clinic fails to prove point before COA

February 24, 2017
Jennifer Nelson
An employee at an Indiana acupuncture and yoga facility who was repeated screamed at by the owner had good cause for quitting and is thus entitled to unemployment benefits, the Indiana Court of Appeals affirmed Friday.
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Judges divided on retrial for voluntary manslaughter

February 24, 2017
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals reversed a man’s conviction of voluntary manslaughter, which the state chose to charge him with after he shot and killed his brother-in-law in what he claimed was self-defense.
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Toddler’s testimony supports adjudication as a delinquent

February 24, 2017
Marilyn Odendahl
Despite the three-year-old’s questionable testimony at a hearing, the Court of Appeals affirmed her stepbrother’s adjudication as a delinquent child because she never wavered when recounting the molestation.
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COA affirms sentence for man who violated drug court rules

February 24, 2017
Marilyn Odendahl
A man who repeatedly violated the rules and regulations of a drug court program failed to convince the Indiana Court of Appeals his ensuing advisory nine-year sentence was inappropriate.
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Judges reverse resisting law enforcement conviction

February 24, 2017
Olivia Covington
The Indiana Court of Appeals has overturned a man’s resisting law enforcement conviction after finding that the police officer’s actions justified the man’s resistance.
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COA reverses judgment in favor of law firm in legal malpractice case

February 24, 2017
Olivia Covington
A legal malpractice case against a northern Indiana law firm will proceed after the Indiana Court of Appeals held Friday that there was a genuine issue of material fact as to whether the litigant’s original negligence claim would have succeeded but for the firm’s negligence.
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COA orders return of bond balance

February 24, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a Fayette Circuit Court decision to hold the balance of a man’s bond in trust after finding that Indiana law prohibits courts from holding bonds in trust for public defender fees not yet incurred.
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COA rules aggravating factors support consecutive sentences

February 24, 2017
Marilyn Odendahl
A man who tried multiple times to get his sentence overturn was unsuccessful when the Indiana Court of Appeals found the precedent he was relying on was materially different from his situation.
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COA: Theories presented to trial court in med-mal cases were presented to review panels

February 22, 2017
Olivia Covington
After finding that evidence of disputed medical malpractice theories in two cases were presented to the medical review panels in each, Indiana Court of Appeals has reversed summary judgment in favor of a health care provider in one case but is allowing the provider in the other to present evidence related to a subsequent malpractice theory against him.
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Man’s forgery convictions for bogus check affirmed

February 22, 2017
Dave Stafford
A man who tried to pass a bogus check for $2,248.33 at two Marion grocery stores failed to persuade an appellate panel to reverse his convictions because of insufficient evidence. He argued in part his conviction shouldn’t stand because the stores had no video cameras.
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Despite inadmissible testimony, molestation conviction affirmed

February 22, 2017
A trial court erred in allowing evidence of a defendant’s alleged prior bad acts at his child molestation jury trial, but based on other corroborating evidence, the admission was harmless, the Indiana Court of Appeals ruled Wednesday.
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Divided full 7th Circuit allows inmate death case to go to trial

February 22, 2017
Olivia Covington
A woman whose son was found dead in an Indiana Department of Correction facility can now take her case to trial after a divided en banc 7th Circuit Court of Appeals reversed summary judgment in favor of the health care providers who treated her chronically ill son.
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Defendant’s testimony makes admission error harmless

February 22, 2017
Marilyn Odendahl
Although unauthenticated videos and photos showing a defendant appearing to make methamphetamine should not have been admitted at trial under the silent-witness theory, the Indiana Court of Appeals found the error was harmless because of the defendant’s own testimony.
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COA reverses drug convictions for lack of police inventory regulation

February 21, 2017
Olivia Covington
The Indiana Court of Appeals vacated a Putnam County man’s drug conviction Tuesday after finding that police officers were not following proper protocol when they searched the man’s vehicle.
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High court reverses termination of father’s parental rights

February 17, 2017
Olivia Covington
A Montgomery County father’s parental rights have been restored after the Indiana Supreme Court held Friday that lower courts erred in granting and affirming the Department of Child Services’ petition to terminate them.
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Law firm miscue in small claims case gets no relief on appeal

February 17, 2017
Dave Stafford
A law firm that failed to respond to an Allen County small claims court’s inquiry about settlement discussions because the attorney handling the case had left the firm got no relief Friday from the Indiana Court of Appeals.
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7th Circuit affirms conviction of man who threatened to blow up courthouse on social media

February 16, 2017
Olivia Covington
A man who wrote a Facebook post threatening to blow up an Indiana courthouse and kill several judicial and law enforcement officials cannot have his sentence overturned on the basis of the jury instruction, the 7th Circuit Court of Appeals said Thursday, because the instruction adequately described the man’s actions.
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Fight over Knightstown demolition sent back to trial court

February 16, 2017
Dave Stafford
A man who owns a building on Knightstown’s Main Street can proceed with his lawsuit after the town lost some rulings in its favor on interlocutory appeal.
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COA tosses conviction after unlawful arrest

February 16, 2017
Marilyn Odendahl
Testimony of police officers who stopped a man for walking on the wrong side of the road, then arrested him for intimidation and resisting law enforcement should not have been admitted at trial, the Indiana Court of Appeals has ruled.
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Tax Court grants partial reimbursement on discovery enforcement motions

February 16, 2017
Olivia Covington
The Indiana Tax Court has awarded reimbursement fees to both the University of Phoenix Inc. and the Indiana Department of State Revenue after finding that the two entities were entitled to reimbursement on some, though not all, of the discovery enforcement motions filed in their litigation.
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Justices rule against woman injured by karate kick

February 16, 2017
Dave Stafford
A woman who sued a karate classmate when she was injured by his jump-kick cannot prove recklessness, the Indiana Supreme Court ruled Thursday, extending its jurisprudence applied to torts arising from sports injuries.
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COA orders man to pay remaining balance on lease of totaled car

February 15, 2017
Olivia Covington
A divided panel of the Indiana Court of Appeals has affirmed an order requiring a man to pay the remaining balance on the lease of a woman’s car after he totaled it in a collision for which he was found to be completely at fault.
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Supreme Court reverses requirement for juvenile to register as a sex offender

February 15, 2017
Olivia Covington
A juvenile sex offender will not be required to add his name to Indiana’s sex offender registry after the Indiana Supreme Court decided Wednesday that the state had not met the requirements for juvenile registration.
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Court of Appeals reverses convictions after due process violation

February 15, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a man’s convictions of neglect of a dependent and battery after finding that his due process rights were violated when the state withdrew its plea agreement after he had pleaded guilty.
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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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