Court opinions

Appeals court reverses its decision on partition fences

May 5, 2016
Scott Roberts
A divided Indiana Court of Appeals overturned an earlier decision Thursday, finding residents that border a property where a man wants to build fences to keep his cattle in must help fund the fences because they are partition fences and fall under Indiana Code 32-26-9.
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Split 7th Circuit affirms child abuse, firearms convictions

May 5, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld a man’s child abuse and firearms convictions in a split decision. The court was divided over the admittance of the man's refusal to take a polygraph test into evidence.
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COA: Sentence appropriate for officer involved in deadly accident

May 5, 2016
Scott RobertsMore

Couple must pay taxes on home even if it wasn’t completed

May 5, 2016
Scott Roberts
The Indiana Tax Court upheld a decision Wednesday from the Indiana Board of Tax Review which said a couple must pay taxes on their residence whether or not it was completed.
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Attorney must pay parking ticket, nothing more, court holds

May 4, 2016
Scott Roberts
The Indiana Court of Appeals ruled that an attorney who was given a $20 parking ticket that ended up costing him $150 in late fees only needs to pay his ticket. The attorney sought $2,500 in damages and fees over the incident.
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Appellate court affirms denial of man’s insanity defense

May 4, 2016
Scott Roberts
The Indiana Court of Appeals affirmed Wednesday the denial of a man’s insanity defense after he was found guilty of two counts of attempted murder.
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COA affirms murder weapon should be destroyed

May 4, 2016
Scott Roberts
The Indiana Court of Appeals affirmed denial of man’s request to give the weapon he used for murder back to his mother.
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COA: Firm entitled to investigatory expenses

May 4, 2016
Scott Roberts
A firm who represented an indigent man’s murder case pro bono is entitled to the costs of the investigation of his defense, the Court of Appeals ruled, even though the man pleaded guilty.
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Undocumented immigrant issues left unanswered

May 4, 2016
Scott Roberts
A recent Indiana Court of Appeals decision didn’t provide the guidance one attorney had hoped from the court regarding injured undocumented workers. But the judges did decide that the worker’s immigration status is important in his lawsuit.
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Supreme Court reverses summary judgment in malpractice case

April 28, 2016
Scott Roberts
The Indiana Supreme Court reversed summary judgment for a hospital and doctor after it found the doctor’s own evidence creates issues of material fact that need to be settled at trial.
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COA: Sovereign citizen still subject to jurisdiction

April 28, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s murder conviction Thursday, finding the trial court had jurisdiction despite his status as a “Moorish American National Sovereign” and “secured party creditor.”
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Supreme Court: Fortville cannot annex land

April 28, 2016
Scott Roberts
The Indiana Supreme Court upheld a trial court’s decision Thursday that evidence did not support the town of Fortville’s contention that it needed the land it wanted to voluntarily annex in the near future.
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Burglary of deceased’s home still Class B felony, COA holds

April 28, 2016
Dave Stafford
A man who burglarized a house in Huntington after the occupant had recently died was rightly denied his petition for post-conviction relief based on his argument that the house was no longer a dwelling, the Indiana Court of Appeals ruled Thursday.
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Supreme Court defines marriage relatives

April 28, 2016
Scott Roberts
The Indiana Supreme Court determined the sister of a man who was once married to the defendant’s aunt is not a family or household member and changed a man’s Level 6 felony charge to Class A misdemeanor battery.
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Justices: Murderer should be able to file belated notice of appeal

April 27, 2016
Scott Roberts
The Indiana Supreme Court ruled in a per curiam decision a man who pleaded guilty to two counts of murder among other charges can file a belated notice of appeal after the justices found “unique circumstances” in his case that did not allow him to file an appeal of his sentence when it was decided in 1987.
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Woman entitled to inherit estate, judges affirm

April 27, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a woman was the sole heir of an estate as the only daughter, finding there was sufficient evidence for the claim and denying the deceased man’s sisters’ request for a DNA test.
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Appellate court defines rules of police stops

April 27, 2016
Scott Roberts
The Indiana Court of Appeals found a man’s tendered jury instruction was a mistake of law and not a mistake of fact and upheld his conviction of felony resisting law enforcement by fleeing. The judges then outlined what fleeing law enforcement means and what rights police officers and drivers have to determine location of stops.
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Man who was visiting friend not subject to illegal search

April 27, 2016
Scott Roberts
A man who was visiting a friend when police found him in possession of a handgun was not a victim of an illegal search, the Indiana Court of Appeals ruled Wednesday.
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COA: Trainer who had license suspended denied due process

April 27, 2016
Scott Roberts
A woman was denied due process after she had her athletic trainers’ license suspended for having a sexual relationship with one of her clients, the Indiana Court of Appeals ruled. Even though she did not attend her hearing, her attorney did and the complaint she filed should not have been dismissed.
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7th Circuit affirms COA sentence in split decision

April 27, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled in a split decision the Indiana Court of Appeals did not make any error in federal law when it upheld a man’s consecutive 40-year sentences for three convictions of child molestation.
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Justices reinstate termination order COA reversed

April 26, 2016
Dave Stafford
The Indiana Supreme Court Tuesday affirmed a trial court order terminating parental rights to twin girls who were removed from the home in 2011 at age 8. A divided Court of Appeals previously reversed the trial court, finding insufficient evidence to merit termination.
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COA: Video testimony from protected person allowed at trial

April 26, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s Level 5 felony battery conviction despite admission of a videotaped interview from a protected person into evidence and allowing three people to testify about their interactions with that protected person.
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COA affirms denial of rescission of lifetime license ban

April 26, 2016
Dave Stafford
A man failed to persuade the Indiana Court of Appeals to restore his driving privileges after a trial court rejected his petition for rescission of a lifetime suspension.
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COA: Jury replay of 911 call within court’s discretion

April 26, 2016
Dave Stafford
A trial court was within its discretion to allow a jury to rehear a recording of a 911 call during deliberations, the Indiana Court of Appeals ruled Tuesday in affirming a man’s convictions of intimidation and theft.
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Supreme Court upholds felony dealing conviction

April 26, 2016
Scott Roberts
The Indiana Supreme Court affirmed a man's conviction for Class A felony dealing in a narcotic drug within 1,000 feet of school property and being a habitual substance offender. The decision went against the Indiana Court of Appeals, which overturned his conviction based on lack of evidence.
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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

  3. A competitive bid process is ethical and appropriate especially when dealing with government agencies and large corporations, but an ethical line is crossed when court reporters in Pittsburgh start charging exorbitant fees on opposing counsel. This fee shifting isn't just financially biased, it undermines the entire justice system, giving advantages to those that can afford litigation the most. It makes no sense.

  4. "a ttention to detail is an asset for all lawyers." Well played, Indiana Lawyer. Well played.

  5. I have a appeals hearing for the renewal of my LPN licenses and I need an attorney, the ones I have spoke to so far want the money up front and I cant afford that. I was wondering if you could help me find one that takes payments or even a pro bono one. I live in Indiana just north of Indianapolis.

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