Court opinions

Judge allows Corcoran to appeal denial of habeas corpus

April 1, 2013
Jennifer Nelson
Joseph Corcoran, who has been sentenced to death for killing four men in 1997, will be allowed to appeal the denial of his petition for habeas corpus to the 7th Circuit Court of Appeals.
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7th Circuit rules against homeowners on quiet title action

March 29, 2013
Jennifer Nelson
A Hamilton County couple who went into default on their home mortgage loan had the dismissal of their action to quiet title and claims of negligence and unconscionability upheld Friday by the 7th Circuit Court of Appeals.
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Judge: State can’t enforce 2 parts of immigration law

March 29, 2013
Jennifer Nelson
U.S. Judge Sarah Evans Barker has ruled that the state can’t enforce two sections of the Indiana law dealing with immigration: one dealing with arrests and one dealing with the use of consular identification cards for identification.
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Prosecutor can’t grant use immunity to parents of injured infant

March 28, 2013
Jennifer Nelson
The Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
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Mother not denied due process by not having appointed counsel in CHINS case

March 28, 2013
Jennifer Nelson
While disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld the termination of mother J.A.’s parental rights to her son G.P.
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Appeals court tackles sex offender use of social media

March 27, 2013
Jennifer Nelson
Two months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s First Amendment rights.
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COA: Court allowed to admit evidence from man’s home

March 27, 2013
Jennifer Nelson
The Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
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Court erred in striking state’s response as untimely

March 27, 2013
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
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COA reverses vacation of grandparent visitation

March 27, 2013
Jennifer Nelson
Even though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to the grandmother’s lack of standing were waived when they failed to appeal the original order.
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Renovation project raises questions on public bidding

March 27, 2013
Marilyn Odendahl
Contractors claim in lawsuit that a school corporation's financing method circumvented the law.
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Police following drug package wire into home unconstitutional, COA rules

March 26, 2013
Dave Stafford
Police violated Fourth Amendment protections against unreasonable search and seizure when they used a parcel wire to track the opening of a shipment of marijuana in an Indianapolis man’s home, the Indiana Court of Appeals held Tuesday.
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Voucher program stands, Indiana Supreme Court rules

March 26, 2013
Dave Stafford
Indiana’s school voucher program, considered the nation’s widest-reaching, is constitutional, the Indiana Supreme Court unanimously ruled Tuesday.
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Indiana Supreme Court: school vouchers constitutional

March 26, 2013
IL Staff
Indiana’s school voucher program is constitutional, the Indiana Supreme Court unanimously ruled Tuesday.
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Justices order resentencing on habitual offender sentences

March 21, 2013
Jennifer Nelson
The Indiana Supreme Court on Thursday reversed the part of a White Superior Court’s sentencing order that a man who pleaded guilty to theft and being a habitual offender must serve his sentence consecutively with a case out of Tippecanoe County.
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Justices reaffirm ruling on sentence enhancements under habitual offender statute

March 21, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday granted the state’s request for a rehearing in a case in which the justices determined that Anthony Dye’s sentence for unlawful possession of a firearm by a serious violent felon, which was enhanced under the general habitual offender statute, was an impermissible double enhancement.
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COA affirms changing boy’s last name

March 21, 2013
Jennifer Nelson
The mother of a 5-year-old boy was unable to convince the Indiana Court of Appeals that the Marion Circuit Court erred in granting his father’s petition to change the boy’s surname to his last name.
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Cedar Lake allowed to dissolve Parks Department, board

March 21, 2013
Jennifer Nelson
A Lake Superior judge erred when she used Dillon’s Rule to determine the scope of the town of Cedar Lake’s legal authority to dissolve its park board and Parks Department, the Indiana Court of Appeals ruled Thursday. The proper legal inquiry is based on the state’s Home Rule Act.
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Judges rule against commissioners in eminent domain dispute

March 21, 2013
Jennifer Nelson
In a case involving the use of eminent domain to acquire land to expand the runway at the Clark County Airport, the Indiana Court of Appeals encouraged lawyers and the courts to stop using the phrase “jurisdiction over a particular case” when the term “legal error” should be used.
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Nursing student loses appeal of dismissal from Purdue

March 19, 2013
Jennifer Nelson
A nursing student at Purdue University’s Fort Wayne campus was unable to convince the Indiana Court of Appeals Tuesday that the university and officials violated her due process rights and breached a contract with her when they dismissed her from the program due to behavioral difficulties.
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Judges affirm reduction of subrogation lien

March 15, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to pay the full amount of the couple’s claim following a car accident.
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Man’s statement on drug allowed at trial

March 15, 2013
Jennifer Nelson
The Indiana Court of Appeals held Friday that a trial court did not commit fundamental error in admitting Charles Meriwether’s statement to police that he had marijuana in his car.
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Man must reinstate original complaints for lawsuits to proceed

March 14, 2013
Jennifer Nelson
The Indiana Court of Appeals held Thursday that a man with a propensity to sue over purchases made online may not file a new lawsuit in Marion County after a similar one was dismissed without prejudice.
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COA affirms angry ex-boyfriend’s battery convictions

March 14, 2013
Jennifer Nelson
A northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s car with his.
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Judges deny prisoner’s request to appeal without paying fees

March 13, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s argument that he and other prisoners do not need to pay appellate filing and docketing fees, and so a District Court’s certification of appeal is irrelevant.
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Woman suing for unpaid wages passes ‘duck test’

March 13, 2013
Jennifer Nelson
Indiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the Wage Payment Act.
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  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

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