Court opinions

Judge urges legislators to clarify Castle Doctrine statute

March 11, 2015
Jennifer Nelson
The Indiana Court of Appeals in a case of first impression reversed a man’s conviction of battery on a law enforcement officer after finding he exercised reasonable force under I.C. 35-41-3-2(i)(2), the statute revised in response to a 2011 Supreme Court holding that the Castle Doctrine is not a defense to battery or another violent act on a police officer. But one judge asked the Legislature to take another look at the statute for public policy reasons.
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COA affirms policy provides property damage coverage for abandoned sand

March 11, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed its original decision Wednesday that an insurance policy covers property damage caused by 100,000 tons of foundry sand on property owned by FLM LLC.
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Public defender’s brief stricken, COA orders ‘competent counsel’ appointed

March 11, 2015
Jennifer Nelson
The Indiana Court of Appeals reiterated Wednesday for at least the fourth time in seven years to a public defender that he cannot use the “manifestly unreasonable” argument to challenge a client’s voluntary manslaughter sentence.
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Teen’s adjudications overturned based on unlawful search

March 11, 2015
Jennifer Nelson
An Indianapolis teenager suspected in two burglaries was subject to an unlawful pat down and search by an officer, the Indiana Court of Appeals ruled. As such, the gun found on him should not have been admissible at his delinquency hearing.
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Canine sniff not allowed, but convictions still upheld

March 11, 2015
Jennifer Nelson
Although a Supreme Court of the United States decision issued shortly after the Indiana Court of Appeals ruled on a case now means that a canine sniff of a suspected drug dealer’s home was unconstitutional, the COA upheld the man’s convictions based on other evidence.
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Couple’s gun collection incorrectly classified as ‘household goods’

March 11, 2015
Jennifer Nelson
The determination as to whether guns or a gun collection are “household goods” should be made on a case-by-case basis, the Indiana Court of Appeals ruled. In a case before it Wednesday, the judges held that the large collection owned by a couple who are since deceased was incorrectly classified as “household goods.”
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Court reverses denial of termination of parental rights due to possible conflict

March 10, 2015
Dave Stafford
A trial court erred when it denied a mother’s consensual termination of parental rights petition against the father due to concerns of a potential risk of conflict of interest involving the mother’s legal counsel.
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Court wrongly denied expungement of dismissed conviction

March 10, 2015
Dave Stafford
A man’s 1999 misdemeanor battery conviction that was dismissed when he completed his one-year probation sentence must be expunged, the Indiana Court of Appeals ruled Tuesday, reversing a trial court that denied his petition.
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Judge rejects diocese's bid to set aside in vitro verdict

March 10, 2015
 Associated Press
A jury was correct in finding that a Roman Catholic diocese discriminated against a former teacher by firing her for undergoing fertilization treatment, a federal judge has ruled.
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Appeals panel affirms East Chicago library board must repay insurance premiums

March 9, 2015
Dave Stafford
A trial court properly ruled for the state when it ordered East Chicago Library Board members to repay more than $136,000 in health, dental, vision and life insurance premiums since state law says those members serve without compensation, the Indiana Court of Appeals ruled Monday.
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SCOTUS to 7th Circuit: Review Notre Dame birth control case

March 9, 2015
 Associated Press, IL Staff
The Supreme Court is ordering the 7th Circuit Court of Appeals to take another look at the University of Notre Dame’s lawsuit concerning the overhaul of federal health care rules on paying for contraceptives.
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COA upholds $10,000 fine for failure to cooperate with discovery

March 9, 2015
Marilyn Odendahl
A trial court that slapped a transportation company with a $10,000 sanction and ordered its president jailed if the fine was not paid did not commit an error, the Indiana Court of Appeals has ruled.
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Federal judge fines abusive filer $1,200, bars future suits

March 6, 2015
Dave Stafford
A man who’s filed nearly four dozen lawsuits against defendants from “Bobby” to President Barack Obama lost his federal court privileges this week.
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Failure to conduct indigency hearing results in remand

March 6, 2015
Dave Stafford
A trial court that imposed a $340 probation fee on a defendant sentenced on misdemeanor convictions must be revisited because the court failed to conduct a hearing on the defendant’s ability to pay.
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20-year sentence for $60 drug deal reduced as excessive

March 6, 2015
Dave Stafford
The 20-year executed sentence a Kokomo man received after pleading guilty to selling an undercover police officer 10 hydrocodone pills for $6 each was excessive, the Indiana Court of Appeals ruled Friday.
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Court affirms $100,000 in attorney fees to bank for defending groundless claim

March 5, 2015
Jennifer Nelson
A woman who claimed a bank acting as trustee breached its fiduciary duties by selling stock of JP Morgan Chase over the course of several years is still on the hook for more than $100,000 in attorney fees and costs to the trustee, the Indiana Court of Appeals affirmed Thursday. The COA agreed Susan Moeder brought a groundless claim against Salin Bank and Trust Co. after it sought to resign as trustee.
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Providing temptation to commit crime is not inducement, majority rules

March 5, 2015
Jennifer Nelson
The Indiana Supreme Court affirmed a man’s conviction of patronizing a prostitute, with the majority ruling the state rebutted his defense of entrapment by showing there was no police inducement.
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Patients sue Lilly, claim Cymbalta withdrawal hazards

March 4, 2015
Dave Stafford
Two federal lawsuits filed in Indianapolis allege Eli Lilly’s top-selling antidepressant Cymbalta caused almost immediate dangerous withdrawal symptoms when patients attempted to stop using the medication.
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Judges tweak offender’s amount of credit time awarded

March 4, 2015
Jennifer Nelson
A trial court incorrectly calculated the amount of credit for the time a man had served prior to the revocation of his probation as well as the sentence imposed after the revocation, the Indiana Court of Appeals ruled.
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Ex-IMPD officer’s convictions upheld in 2010 fatal accident

March 4, 2015
Jennifer Nelson
Former Indianapolis Metropolitan Police Department officer David Bisard, convicted of drunken-driving offenses after he struck three motorcyclists while responding to a non-emergency call, was not entitled to a mistrial based on juror misconduct issues, the Indiana Court of Appeals ruled Wednesday.
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COA finds man justly fired for violating sexual harassment policy

March 3, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the decision by an administrative law judge that a nurse was not fired for just cause. The COA noted surprise that the man's claims he was joking when he made sexually inappropriate comments to co-workers led the ALJ to decide the actions did not amount to violation of his employer's sexual harassment policy.
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Man, not state, had priority in breeder’s award proceeds

March 3, 2015
Jennifer Nelson
A Marshall County trial court erred when it granted summary judgment in favor of the Indiana Department of Revenue on a man’s attempt to collect breeder’s award proceeds owed to another man who had outstanding tax warrants.
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7th Circuit reinstates alleged racketeering lawsuit

March 2, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the decision of a federal judge to dismiss a man’s lawsuit because it is barred by the Rooker-Feldman doctrine. A man who had his gas station foreclosed upon claimed the defendants acted in cahoots to defraud him out of his business.
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COA affirms attorney fees in frivolous suit challenging Logansport P3 deal

March 2, 2015
Jennifer Nelson
A woman’s lawsuit that claimed the city of Logansport had to pass an ordinance formally adopting the Public-Private Agreements Act before entering into a P3 deal was frivolous and in bad faith, thus justifying the award of attorney fees to the city, the Court of Appeals affirmed.
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Chronic litigator’s suit seeking $3 trillion tossed with warning

March 2, 2015
Dave Stafford
A federal judge has had about enough from a litigant who has brought so many frivolous lawsuits that he may be barred from filing future complaints.
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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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