Court opinions

No opinions for 3rd day in a row

May 11, 2010
The Indiana Court of Appeals has not had any published or unpublished opinions posted online since May 6.
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Circuit court upholds Section 8 precedent

May 10, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals declined today to overturn precedent on the due process rights of someone rejected from specific Section 8 housing.
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Justices rule on legal malpractice procedural issue

May 7, 2010
Michael Hoskins
An Indiana Supreme Court decision allows an Indianapolis attorney and a local law firm to raise a statute of limitations on legal malpractice claims against them.
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7th Circuit affirms judgment in mining case

May 6, 2010
Jennifer Nelson
In a case involving a “richly ambiguous” 1903 deed and a mining company’s claims to “all the coals,” the 7th Circuit Court of Appeals affirmed a District Court’s judgment for defendant landowners.
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Sex offender may file to take name off registry

May 6, 2010
Jennifer Nelson
The Indiana Court of Appeals determined a convicted sex offender may petition to remove his name from the registry, but he filed his petition in the wrong court.
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Opinion rules on 2 issues of first impression

May 5, 2010
Jennifer Nelson
The Indiana Court of Appeals was faced with two issues of first impression in one opinion – the meaning of Indiana Code Section 27-9-3-34(d) and whether a party is entitled to a jury trial for disputes concerning claims in liquidation proceedings.
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Majority upholds violent sexual predator finding

May 5, 2010
Jennifer Nelson
An Indiana Court of Appeals panel disagreed as to whether the failure of a defendant’s counsel to press for the statutory requirement for a hearing on a sexually violent predator finding was a procedural default that waived the appellate court’s consideration of the issue.
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Justices approve 'double enhancement'

May 5, 2010
Jennifer Nelson
The Indiana Supreme Court affirmed the use of the same prior conviction to both elevate a defendant’s charge to a felony and find him a habitual substance offender because of explicit legislative direction on the enhancements.
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Justices differ on reasonableness of GAL fees

May 3, 2010
Jennifer Nelson
If two parties in a domestic relations dispute sign a written contract to retain the services of a guardian ad litem, then the trial court must enforce the terms of the agreement unless it is contrary to public policy, the Indiana Supreme Court ruled Friday.
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7th Circuit grants writ of habeas corpus

May 3, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a habeas corpus petition, finding the Indiana Court of Appeals unreasonably applied federal law when it determined prior statements of identification by witnesses the government suppressed didn’t create a reasonable probability of a different result at trial.
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Judges affirm juvenile placement in DOC

April 30, 2010
Jennifer Nelson
The Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but it noted that all other remedies for his rehabilitation had been exhausted in his home county.
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Justices rule on sentence modificationRestricted Content

April 30, 2010
Jennifer Nelson
A conviction of a Class D felony that is later reduced to a Class A misdemeanor doesn’t prevent a trial court from modifying a sentence below the statutory minimum, the Indiana Supreme Court ruled today in a matter of first impression.
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COA: Judge should have recused himself

April 29, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed with a defendant that he received ineffective assistance of trial counsel because his attorney should have filed a motion for change of judge. The sentencing judge had worked as a prosecutor in the early stages of the defendant’s case 10 years earlier.
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Judges reverse, reinstate sex-offender conviction

April 29, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s conviction of failing to register as a sex offender based on a lack of evidence showing the man had a connection to Indiana 90 days after his last registration. The appellate court did reinstate a vacated conviction for failing to notify law enforcement of his move within 72 hours.
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High court addresses provision for 1st time

April 29, 2010
Jennifer Nelson
The Indiana Supreme Court affirmed the denial of summary judgment for an insurance company, finding the exclusion in the policy for injuries covered by workers’ compensation doesn’t apply.
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Justices: No error in declaring mistrial

April 28, 2010
A trial court's determination to discharge a jury at a defendant's second trial wasn't an abuse of discretion, the Indiana Supreme Court ruled Tuesday.
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Pro se defendant must be advised of rights

April 28, 2010
Jennifer Nelson
The requirement to advise a defendant of the dangers of self-representation and the benefit of counsel applies equally regardless of whether a pro se defendant is choosing to plead guilty or go to trial, the Indiana Court of Appeals decided today.
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Justices rule company engaged in UPL in trust mill caseRestricted Content

April 28, 2010
Michael Hoskins
The Indiana Supreme Court orders an Indianapolis-based company to stop engaging in any conduct that might be considered unauthorized practice of law.
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Trial court lacks jurisdiction in tax suit

April 27, 2010
Jennifer Nelson
The Indiana Tax Court is the proper venue for a suit filed by the state to recover an erroneous tax refund, the Indiana Court of Appeals affirmed today.
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Judges affirm rulings in Iraq name-selling case

April 26, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the District Court's decisions in the appeals by the central Indiana man who tried to sell the names of CIA agents working covertly in Iraq shortly before the U.S. invaded the country in 2003.
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COA upholds eviction action

April 26, 2010
Jennifer Nelson
A trial court properly treated a couple's action against the man who agreed to purchase a house from them as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of a pre-closing possession agreement like the one in the instant case.
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Tax court rules on inheritance issue

April 23, 2010
Jennifer Nelson
In Indiana, a person adopted pre-emancipation can't be considered a Class A transferee beneficiary for inheritance tax purposes, the Indiana Tax Court ruled Thursday afternoon in an issue of first impression.
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Court split on burglary tipster issue

April 22, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police was sufficient by itself to justify a police officer's stop of a juvenile.
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Full appeals court decides on IPAS case

April 22, 2010
Michael Hoskins
Nine months ago, a federal judge in Indianapolis refused to dismiss a case about the state's practices and programs regarding mentally ill inmates, finding an independent state agency had a right to sue on those issues.
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COA discusses jury-selection procedures

April 21, 2010
Jennifer Nelson
Despite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.
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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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