Court opinions

Judge: Assessor waived objection

April 17, 2014
Jennifer Nelson
The Indiana Tax Court denied the Jefferson County assessor’s request that a couple’s appeal of the assessment of their residential real property be dismissed, finding the assessor waived her objection to the timeliness of the couple’s administrative record request.
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COA reverses award of attorney fees to couple

April 17, 2014
Jennifer Nelson
The Indiana Court of Appeals found a trial court erred in awarding attorney fees to a couple that sued their insurer following a car accident. The trial court ruled that GEICO litigated the claim in bad faith.
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Employee defection sparks battle between brokerages

April 17, 2014
Chris O'Malley, IBJ Staff
Hylant Group says a former worker in its Carmel offices broke a non-compete agreement and poached clients for his new insurance-brokerage gig in Indianapolis.

 
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Judges disagree whether mother’s relocation is in good faith

April 17, 2014
Jennifer Nelson
A panel on the Indiana Court of Appeals Thursday couldn’t agree whether a northern Indiana mother’s decision to relocate with her two children was made in good faith. The majority upheld her request to relocate.
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Court reverses woman’s driving while suspended conviction

April 17, 2014
Jennifer Nelson
Because a woman’s conviction for driving while suspended was based in part on trial court speculation that she had driven farther than was necessary to put herself out of harm’s way, the Indiana Court of Appeals reversed the conviction.
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Judges find court should have granted expungement

April 17, 2014
Jennifer Nelson
Finding that the word “shall” in Indiana Code 35-38-9-2(d) is mandatory language requiring expungement, the Indiana Court of Appeals reversed the denial of a man’s petition to expunge his 2004 misdemeanor sexual misconduct with a minor conviction.
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Justices leave man’s life sentence intact

April 17, 2014
Jennifer Nelson
The Indiana Supreme Court Wednesday upheld a Lake County man’s sentence of life in prison without parole for the murder of a co-worker during a robbery. Ronnie Jamel Rice claimed the trial court improperly relied on non-statutory aggravators when imposing his sentence.
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Justices: parole conditions unenforceable, SOMM constitutional

April 16, 2014
Jennifer Nelson
The Indiana Supreme Court Wednesday ordered a trial court to enjoin the Indiana Parole Board from enforcing the conditions of a man’s parole that prevent him from associating with minors. But the justices denied his request to find the Sex Offender Management and Monitoring program is unconstitutional.
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Judges order court to take second look at restitution attorney must pay

April 16, 2014
Jennifer Nelson
A Monroe County attorney who pleaded guilty to Class D felony counterfeiting and ordered to pay $15,000 in restitution to a victim may not have to pay that full amount after the Indiana Court of Appeals Wednesday ordered the trial court to take another look at the restitution amount.
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COA: Judge abused discretion by revoking probation

April 15, 2014
Jennifer Nelson
A Perry County trial court abused its discretion in revoking a man’s probation based solely on being charged with a new offense, the Indiana Court of Appeals ruled Tuesday.
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7th Circuit: Protective sweep by SWAT team reasonable

April 15, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the denial of a defendant’s motion to suppress evidence found in his home during a protective sweep by the SWAT team after responding to a hostage situation. Marcus Henderson claimed the sweep – which led to the discovery of firearms – was unreasonable.
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Attorney reprimand based on association with ‘Law Tigers’

April 14, 2014
Jennifer Nelson
The Indiana Supreme Court privately reprimanded a Lake County attorney Friday for making misleading communications regarding legal services and not including his office address in a public communications. The charges stem from his affiliation with a national for-profit organization that franchises its registered trademarks, including “Law Tigers,” to law firms around the country.
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Court splits over release of college transcript

April 14, 2014
Jennifer Nelson
A divided panel on the Indiana Court of Appeals dismissed Ball State University’s appeal of the order that it release the transcript of a student who left the school and owes tuition. The student’s mother added the university to her petition seeking to require her ex-husband to contribute to their child’s college expenses.
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Man knowingly waived right to jury trial on all charges

April 10, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s argument that he only agreed to a bench trial on one of the seven charges he faced following a violent altercation with his girlfriend.
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COA: Court should hear petition involving pet daycare

April 10, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday ordered a Marion County court to hear the merits of a hotel’s petition for judicial review of the zoning board’s decision to grant a variance to a develop a pet daycare facility next door to the hotel.
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Indy club must pay BMI for DJ’s tunes

April 10, 2014
Dave Stafford
A downtown Indianapolis nightclub must pay a tab approaching $20,000 because the club and DJs failed to obtain public-performance licenses after repeated warnings.
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Judges affirm attorney fees from State Farm’s ‘groundless’ lawsuit

April 9, 2014
Jennifer Nelson
A car dealership accused of playing a role in a car fire that destroyed four cars and part of a man’s home is entitled to the more than $12,000 in attorney fees awarded to it after State Farm’s negligence lawsuit was dismissed. The Indiana Court of Appeals noted the insurer’s refusal to dismiss the claim despite knowing the dealership was not at fault for the fire.
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COA affirms order allowing grandparent visitation with deceased son's daughter

April 9, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday upheld the order granting visitation to the paternal grandfather of a child whose father killed himself before her birth. But one judge had reservations about the visitation arrangements.
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Statute requires state to pay attorney fees on inmate’s appeal

April 9, 2014
Jennifer Nelson
Indiana Code 33-37-2-4 requires the state to pay appellate attorney fees and expenses when an inmate commits a crime in a state correctional facility, the Indiana Court of Appeals held Wednesday.
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Bipolar defense fails in wire fraud, tax evasion appeal

April 7, 2014
Dave Stafford
A woman sentenced to five years in prison after she pleaded guilty to charges of wire fraud and tax evasion for swindling an elderly couple failed to persuade the 7th Circuit Court of Appeals to revise her sentence.
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FSSA able to terminate 9-year Medicaid provider contract without cause

April 7, 2014
Marilyn Odendahl
An Indiana Court of Appeals panel unanimously rejected a company’s argument that its state contract was wrongfully terminated. The company argued it has a property interest in continuing to be a Medicaid services provider.
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Judgment for investment advisor upheld as breach, wage claim

April 7, 2014
Dave Stafford
Rulings in favor of an investment adviser who claimed breach of contract and violation of the Wage Claims Act were affirmed Monday by the Indiana Court of Appeals, as was his request for appellate attorney fees.
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Man who sped through construction zone loses appeal

April 7, 2014
Dave Stafford
A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.
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Mom’s one-time meth use does not support CHINS case

April 7, 2014
Dave Stafford
A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.
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Divided high court affirms DNA unnecessary to establish paternity

April 4, 2014
Dave Stafford
Indiana Supreme Court justices split 3-2 in affirming that DNA evidence is not required to establish paternity.
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  1. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  3. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  4. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  5. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

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