Court opinions

Settlement payments were income, COA rules

October 30, 2015
Marilyn Odendahl
A father’s monthly annuity payments from a structured settlement agreement should have been counted as income when calculating his child support obligation, the Indiana Court of Appeals has ruled.
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COA affirms convictions state conceded as double jeopardy

October 30, 2015
Dave Stafford
State attorneys who agreed with a defendant’s argument that his felony drunken-driving and misdemeanor reckless driving convictions violated double-jeopardy protections were wrong, the Indiana Court of Appeals ruled Friday, affirming both convictions.
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7th Circuit affirms man’s sentence for molesting baby

October 28, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s sentence, supervised release conditions and restitution order after he pleaded guilty to raping, molesting and creating pornographic videos of an infant with the mother’s permission.
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COA rejects father’s definition of 'home' in parental rights case

October 27, 2015
Jennifer Nelson
The “home” that is referred to in the statute allowing for the termination of parental rights is the home of the child and not the home of a particular parent, the Indiana Court of Appeals held Tuesday, rejecting a father’s argument in his appeal of the termination of his parental rights.
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Judges reverse trespass conviction of man kicked out of bar

October 27, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a defendant that there is insufficient evidence to support his criminal trespass conviction after he was kicked out of a downtown Indianapolis bar.
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Court should decide if nephew is uncle’s dependent next of kin

October 26, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of the driver in a deadly car accident on the decedent’s nephew’s wrongful death action, finding questions exist as to whether the nephew is his uncle’s dependent next of kin.
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IPFW custodian loses appeal of discrimination, retaliation claims

October 26, 2015
Jennifer Nelson
An Indiana University-Purdue University Fort Wayne custodian who was fired for his role in a physical confrontation with another custodian could not convince the Indiana Court of Appeals that his discrimination and retaliation claims should proceed to trial.
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Court rules for IPS in ex-employee’s 'Moorish Christmas' suit

October 23, 2015
Dave Stafford
An ex-Indianapolis Public Schools employee and minister fired after repeated complaints of physical altercations with students lost his federal discrimination lawsuit that claimed in part he was fired for religious reasons, including his request to be allowed off work to observe “Moorish Christmas.”
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COA affirms sanctions for lawyer’s misrepresentation of invoices

October 22, 2015
Jennifer Nelson
The Indiana Court of Appeals called out an attorney for the errors in her appellate brief and considered requiring her to prove she attended continuing legal education on appellate practice before filing anything else before the appeals court.
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SCOTUS won't reinstate $250K award in police shooting

October 19, 2015
 Associated Press
The Supreme Court of the United States will not reinstate a $250,000 award to the father of a suspected marijuana user in Maryland who was killed by police in a middle-of the-night raid.
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Appeals court reinstates South Bend police wrongful death suit

October 16, 2015
Dave Stafford
A wrongful death lawsuit filed on behalf of a man who died in the custody of South Bend police was reinstated Friday by the Indiana Court of Appeals.
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Trial court erred in ordering harassing neighbor’s firearms seized

October 16, 2015
Dave Stafford
A trial court erred in ordering firearms seized and in placing other restrictions on a man the court properly determined had committed stalking against his neighbor, the Indiana Court of Appeals ruled Friday.
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Justices affirm attorney fees award in domestic arbitration

October 16, 2015
Dave Stafford
A trial court ruling ordering an ex-husband to pay his ex-wife’s legal fees in a divorce settled under the Family Law Arbitration Act was affirmed Friday by the Indiana Supreme Court.
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Attorney reprimanded for ex parte communication

October 15, 2015
Jennifer Nelson
A Tippecanoe County attorney has received a private reprimand after the Indiana Supreme Court concluded she violated Professional Conduct Rule 3.5(b) when an emergency petition for a temporary guardian appointment was presented to the judge before notice was presented to the parents.
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COA reverses finding attorney entitled to malpractice coverage

October 15, 2015
Jennifer Nelson
A trial court improperly concluded that an Auburn, Indiana, attorney did not make a material representation in his application for renewal of malpractice insurance, the Indiana Court of Appeals held Thursday in reversing summary judgment in favor of the attorney.
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Ruling in favor of doctors in med mal case upheld

October 15, 2015
Jennifer Nelson
The trial court properly tendered a jury instruction in a medical malpractice case that advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care, the Indiana Court of Appeals held Thursday.
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Inmate loses request for Xbox, other privileges

October 15, 2015
Jennifer Nelson
The Department of Correction has a rational reason for limiting which inmates qualify to be housed in a “Honor Unit,” in which they have access to video games and weights, the Indiana Court of Appeals held in affirming summary judgment for the DOC on an inmate’s lawsuit.
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COA affirms attorney fee order

October 15, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the decision by a trial court that in order for proceedings supplemental to be withdrawn without prejudice, the moving party must pay attorney fees as ordered by the lower court.
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COA modifies punitive damages award

October 14, 2015
Jennifer Nelson
The statutory cap on punitive damages should be based on the amount of compensatory damages awarded in the action in which the party seeks punitive damages, the Indiana Court of Appeals held, and not based on the total compensatory damages awarded in the action on all claims.
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Court split over actual notice of defendant’s incarceration

October 14, 2015
Jennifer Nelson
Although “not a fan” of discharges pursuant to Criminal Rule 4(C), an Indiana Court of Appeals judge believes a defendant’s case needs re-examined by the trial court to see if he is entitled to discharge.
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COA outlines approach to awarding attorney fees in estate challenges

October 14, 2015
In a case in which the trial court awarded a woman and her children more than $170,000 in attorney fees even though two of the three claims raised were without just cause or good faith, the Indiana Court of Appeals specified the approach judges should follow when a party seeks attorney fees pursuant to I.C. 29-1-10-14.
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Boilerplate language can’t support warrant for blood draw

October 14, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.
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Justices to review day care couple’s manslaughter convictions

October 13, 2015
Jennifer Nelson
The Indiana Supreme Court will decide whether a couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care should get new trials.
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Officer’s internal statement not allowed in criminal trial

October 13, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a Fort Wayne police officer that a statement he gave as part of an internal affairs investigation into his role in a break-in of a foreclosed home should not be allowed at his criminal trial.
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Deed allows owners to make wells deeper, court rules

October 9, 2015
Jennifer Nelson
A family that sold mineral rights to a company but reserved the rights to oil and gas from certain producing wells was not restricted by the deed from making the reserved wells deeper, the Indiana Court of Appeals held Friday.
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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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