Court opinions
'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.
MoreWoman who used FedEx to send med mal complaint didn’t timely file
May 9, 2013
Jennifer NelsonThird-party carriers are not included in the statute regarding filing proposed medical malpractice complaints with the Indiana
Department of Insurance, so a woman’s complaint that was sent via FedEx within the two-year statute of limitations –
but not stamped until after the limitations expired – is not considered timely filed, the Indiana Court of Appeals ruled.
MoreJudges reverse teen’s gang-related adjudication
May 9, 2013
Jennifer NelsonThe state was unable to prove that a 14-year-old Indianapolis boy committed criminal gang activity when he and several other
juveniles followed another teen after a party, the Indiana Court of Appeals ruled Thursday.
MoreCOA: More proceedings are needed on parents’ ITCA compliance
May 8, 2013
Jennifer NelsonFinding a genuine issue of material fact as to whether Richmond parents’ complied with the Indiana Tort Claims Act notice
provision when filing a lawsuit after their severely disabled daughter died at school, the Indiana Court of Appeals ordered
that issue to go before a jury.
More7th Circuit rejects claim that FMLA should be extended to non-eligible employees
May 8, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that
her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t
agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.
More7th Circuit: ‘Ransom demand’ requires third-party involvement
May 8, 2013
Jennifer NelsonIn order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the
7th Circuit Court of Appeals held Wednesday.
MoreNational fraternity not entitled to summary judgment in wrongful death case
May 8, 2013
Jennifer NelsonThe national organization of a Wabash College fraternity where a freshman pledge died after a night of heavy drinking is not
entitled to summary judgment on the student’s parents’ claims arising from his wrongful death, the Indiana Court
of Appeals ruled.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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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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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.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...