Court opinions
Property mortgagor, managers owed no duty in case of drowned girl
January 15, 2013
A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and
other defendants after the child drowned in the pool of a house that had been abandoned.
MoreCOA: Theft and auto theft adjudications didn’t violate single larceny rule
January 15, 2013
Dave StaffordA teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed
by an adult violated the single larceny rule.
MoreDetailed settlement agreement not specific enough for son to claim funds
January 15, 2013
Marilyn OdendahlAlthough a settlement agreement worked out between siblings included details about who would receive the comic books, the
Indiana Court of Appeals ruled because the document did not specifically address the accounts receivable, one of the surviving
sons would not be entitled to the money.
MorePlank failed to preserve claim med mal cap is unconstitutional
January 15, 2013
Jennifer NelsonThe Indiana Supreme Court unanimously ruled Tuesday that Timothy Plank, who filed a medical malpractice complaint following
the death of his wife in 2001, forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality
of the Medical Malpractice Act.
MoreBorrower entitled to retrial on judgment, COA rules
January 15, 2013
Dave StaffordA Steuben Circuit Court committed reversible error when it failed to admit into evidence an exhibit purporting to show that
a borrower had repaid a $650,000 promissory note, the Indiana Court of Appeals ruled Tuesday.
MoreFather owes support to children conceived via artificial insemination
January 15, 2013
Dave StaffordA father who contested a trial court order that he must pay child support for two children failed to convince the Court of
Appeals that he did not consent to their conception through artificial insemination.
MoreCOA: ‘Appalling character’ of deadbeat dad merits 10-year sentence
January 15, 2013
Dave StaffordAn Elkhart County father whose child support arrearage neared $57,000 lost his second appeal of a case that already has gone
to the Indiana Supreme Court.
MoreJustices find man not required to register for life as sex offender
January 10, 2013
Jennifer NelsonThe Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring
him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took
effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.
MoreJudge supports denying rehearing, but disagrees with colleagues’ rationale
January 9, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally
upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed
with her fellow panel members’ rationale for originally affirming the seizure.
MoreEvidence supports wife entitled to protective order against husband
January 9, 2013
Jennifer NelsonA Tippecanoe County man appealing the issuance of a protective order against him lost his case before the Indiana Court of
Appeals Wednesday. The appellate court concluded that the evidence showed his wife is a victim of domestic violence.
MoreSettlement without insurer’s consent is at builder’s expense
January 8, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that
their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding
a settlement, the insurer has no obligation to pay for the cleanup.
MoreTexas Roadhouse fire suit among 4 justices take
January 8, 2013
Dave StaffordA lawsuit over liability for a fire that destroyed an Indianapolis steakhouse because hydrants were frozen and unusable will
proceed to the Indiana Supreme Court.
MoreSCOTUS to hear Indiana farmer’s case against Monsanto in February
January 7, 2013
Marilyn OdendahlA patent infringement case involving a Knox County soybean farmer and an international seed producer will be argued Feb. 19
before the Supreme Court of the United States.
MoreJudges reinstate battery charges against drunken casino patron
January 4, 2013
Jennifer NelsonThe Indiana Court of Appeals found a Switzerland Circuit Court had no grounds to dismiss the information against a man charged
with misdemeanor battery after jabbing the shoulder of a pit boss at Belterra Casino.
MoreJudges ‘disturbed’ by linking of drugs to defendant’s nationality
January 3, 2013
Jennifer NelsonEven though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted
testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new
trial.
MoreJudge: DOC treatment of mentally ill unconstitutional
January 2, 2013
Dave StaffordA lack of basic treatment for mentally ill Indiana Department of Correction inmates held in isolation violates the U.S. Constitution’s
Eighth Amendment prohibition of cruel and unusual punishment, a federal judge ruled Monday.
MoreCOA reverses conviction after BMV stumbles over address
January 2, 2013
Marilyn OdendahlA driver whose conduct was “clearly blameworthy” had his conviction overturned after the Indiana Court of Appeals
found the state’s evidence did not prove beyond a reasonable doubt that the driver knew his license was suspended.
MoreIn test of 2012 emancipation law, COA affirms denial of college expenses
January 2, 2013
Dave StaffordA statutory change in the age of emancipation for child support, except for educational support, does not preclude courts
from modifying educational support obligations when parents demonstrate changes in their financial circumstances, the Indiana
Court of Appeals ruled Monday.
MoreTraffic stop based on companion’s statement did not violate constitutional protections
January 2, 2013
Marilyn OdendahlPolice had the “reasonable suspicion” required to stop a possible impaired driver, the Indiana Court of Appeals
has ruled, even though the driver’s companion did not specifically tell the officers the driver was intoxicated.
MorePrevious back problems not enough to disqualify public employee from disability benefits
January 2, 2013
Marilyn OdendahlAlthough an employee had a pre-existing condition, the Indiana Court of Appeals ruled his on-duty injury qualified him for
Class 1 impairment disability benefits from the Indiana Public Employee Retirement Fund.
MoreCourt cites fishy documents in reversing support order
December 28, 2012
Dave StaffordA Marion Superior judge had no jurisdiction to enter a judgment against a father stating he owed $27,522 in support to his
children’s mother, because Canadian court documents and other filings should not have been considered, the Court of
Appeals ruled.
MoreVintage Corvette belongs to the last buyer
December 28, 2012
Marilyn OdendahlAlthough a 1965 Chevrolet Corvette was the subject of litigation over ownership when it was purchased by a third party on
eBay, the Indiana Court of Appeals has found the hotrod belongs to the eBay bidder.
MoreDuke loses appeal of scandal-touched IURC rate case reversal
December 28, 2012
Dave StaffordThe Indiana Utility Regulatory Commission’s reversal and subsequent rejection of deferred accounting of $11.9 million
for Duke Energy was affirmed by the Court of Appeals Friday in a case revisited because of an ethics scandal involving state
regulators.
MorePublic interest in reducing poverty is grounds for application of doctrine of laches
December 27, 2012
Marilyn OdendahlIn overturning a lower court’s ruling, the Indiana Court of Appeals opened the door for the doctrine of laches to be
applied to the Indiana Bureau of Motor Vehicles by finding the suspension of a Bloomington woman’s driving privileges
conflicts with the public’s interest in reducing poverty.
MoreMan argues the sentencing guidelines were applied incorrectly
December 27, 2012
Marilyn OdendahlA Wisconsin man who used a stolen Indiana driver’s license to obtain a passport had his sentence affirmed by the 7th
Circuit Court of Appeals which held certain provisions in the sentencing guidelines should be applied differently depending
on the circumstances.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.