Court opinions

Detailed settlement agreement not specific enough for son to claim funds

January 15, 2013
Marilyn Odendahl
Although 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.
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Plank failed to preserve claim med mal cap is unconstitutional

January 15, 2013
Jennifer Nelson
The 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.
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Borrower entitled to retrial on judgment, COA rules

January 15, 2013
Dave Stafford
A 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.
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Father owes support to children conceived via artificial insemination

January 15, 2013
Dave Stafford
A 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.
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COA: ‘Appalling character’ of deadbeat dad merits 10-year sentence

January 15, 2013
Dave Stafford
An 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.
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Justices find man not required to register for life as sex offender

January 10, 2013
Jennifer Nelson
The 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.
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Judge supports denying rehearing, but disagrees with colleagues’ rationale

January 9, 2013
Jennifer Nelson
The 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.
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Evidence supports wife entitled to protective order against husband

January 9, 2013
Jennifer Nelson
A 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.
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Settlement without insurer’s consent is at builder’s expense

January 8, 2013
Jennifer Nelson
The 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.
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Texas Roadhouse fire suit among 4 justices take

January 8, 2013
Dave Stafford
A lawsuit over liability for a fire that destroyed an Indianapolis steakhouse because hydrants were frozen and unusable will proceed to the Indiana Supreme Court.
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SCOTUS to hear Indiana farmer’s case against Monsanto in February

January 7, 2013
Marilyn Odendahl
A 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.
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Judges reinstate battery charges against drunken casino patron

January 4, 2013
Jennifer Nelson
The 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.
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Judges ‘disturbed’ by linking of drugs to defendant’s nationality

January 3, 2013
Jennifer Nelson
Even 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.
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Judge: DOC treatment of mentally ill unconstitutional

January 2, 2013
Dave Stafford
A 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.
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COA reverses conviction after BMV stumbles over address

January 2, 2013
Marilyn Odendahl
A 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.
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In test of 2012 emancipation law, COA affirms denial of college expenses

January 2, 2013
Dave Stafford
A 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.
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Traffic stop based on companion’s statement did not violate constitutional protections

January 2, 2013
Marilyn Odendahl
Police 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.
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Previous back problems not enough to disqualify public employee from disability benefits

January 2, 2013
Marilyn Odendahl
Although 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.
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Court cites fishy documents in reversing support order

December 28, 2012
Dave Stafford
A 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.
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Vintage Corvette belongs to the last buyer

December 28, 2012
Marilyn Odendahl
Although 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.
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Duke loses appeal of scandal-touched IURC rate case reversal

December 28, 2012
Dave Stafford
The 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.
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Public interest in reducing poverty is grounds for application of doctrine of laches

December 27, 2012
Marilyn Odendahl
In 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.
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Man argues the sentencing guidelines were applied incorrectly

December 27, 2012
Marilyn Odendahl
A 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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COA affirms ruling in suit brought after fatal train accident

December 27, 2012
Dave Stafford
The trial court did not err in concluding that a genuine issue of material fact exists as to whether federal preemption applies with respect to the adequacy of the traffic warning devices installed at a railroad crossing where a fatal accident occurred in 2009, the Indiana Court of Appeals affirmed Thursday.
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Appeals court reinstates injured motorist’s claim against insurer

December 27, 2012
Dave Stafford
A driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court of Appeals on Thursday.
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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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