Court opinions
Court 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.
More7th Circuit reaffirms drug conviction over claims of ineffective counsel
May 7, 2013
Dave StaffordA man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction
should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the
Northern District of Indiana.
MoreEntering a guilty plea is not a mitigating factor, COA rules
May 7, 2013
Marilyn OdendahlAlthough a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did
not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its
discretion when sentencing him.
MoreCourt erred in barring expert witness in decade-old software suit
May 7, 2013
Dave StaffordA trial court erred when it excluded the expert testimony of a witness who sought to address damages for a software company
whose former employees allegedly violated non-compete clauses.
MoreCOA affirms mom’s termination of rights despite ‘clean screen’ given to judge
May 7, 2013
Dave StaffordAn Indianapolis mother with a history of drug abuse and domestic violence failed to persuade the Indiana Court of Appeals
to reverse the termination of her parental rights, even though she introduced herself to the presiding judge after oral arguments
and had a student deliver to the judge evidence of a clean drug screen taken a day earlier.
MoreMobile home park's occupancy rate not enough to reduce property assessment
May 6, 2013
Marilyn OdendahlA low occupancy rate alone did not provide the owner of a mobile home community with the evidence it needed to get its property
assessment reduced.
MoreTax Court denies excess levy sought by IndyGo
May 6, 2013
Dave StaffordIndianapolis’ public transit system lost a bid in the Indiana Tax Court to recover a budget shortfall that the Department
of Local Government Finance ruled did not exist.
MoreStore owner’s ‘Spice law’ prosecution may proceed, COA rules
May 6, 2013
Dave StaffordThe state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully
argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative
authority to the Board of Pharmacy.
MoreJustices will visit Lake County for arguments in drug case
May 3, 2013
IL StaffThe Indiana Supreme Court travels to Merrillville High School May 9 for oral arguments dealing with the admittance of drug
evidence after a vehicle search.
MoreClothing labels and security tags not considered hearsay evidence
May 2, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Thursday that clothing from the store H & M that bore the company name and security
tags attached to the clothing could be admitted at a woman’s trial for theft from the store on Black Friday.
MoreCOA: Successive Prosecution Statute not applicable to theft case
May 2, 2013
Jennifer NelsonA Howard Superior judge properly refused to dismiss theft charges against a man because, despite the defendant’s arguments
to the contrary, the Howard County charges were not previously prosecuted in Miami County.
MoreJustices order new molestation trial after nurse’s statements admitted improperly
May 2, 2013
Jennifer NelsonRuling that statements two 6-year-olds made regarding alleged molestation to a nurse should not have been admitted under the
hearsay exception in Ind. Rule of Evidence 803(4), the Indiana Supreme Court reversed two child molesting convictions and
ordered a new trial.
MoreState must seek EPA approval before reclassifying ethanol plants
April 30, 2013
Jennifer NelsonEven though the Environmental Protection Agency changed a rule to exclude ethanol plants from the category of chemical process
plants which would affect emissions permitting, Indiana had to seek approval from the federal agency before it could reclassify
the ethanol production facilities.
MoreTax court rules that evidence, not conclusory statements, needed to make prima facie case
April 30, 2013
Marilyn OdendahlA doubled property value will stand because the property owner did not offer any market-based evidence when challenging the
new assessed value, the Indiana Tax Court has ruled.
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Court Calendar
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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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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
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.