Court opinions

COA: No fundamental error in admitting testimony

April 29, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a man’s two convictions of sexual misconduct with a minor after finding that there was no fundamental error in the admittance of certain testimony at his trial.
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Judges deny stepfather’s request to adopt children

April 29, 2014
Jennifer Nelson
A mother’s deliberate decision to thwart the attempts of her ex-husband to communicate with their two small children supports the trial court’s decision to deny her current husband’s attempt to adopt the children, the Indiana Court of Appeals concluded Tuesday.
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Lawyer reprimanded for enforcing associate’s separation agreement

April 29, 2014
Dave Stafford
A Clark County attorney was reprimanded Tuesday by the Indiana Supreme Court over terms of a separation agreement he enforced against an associate who left the firm.
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Truck’s ‘excessive’ smoke justified traffic stop

April 29, 2014
Jennifer Nelson
The Indiana Court of Appeals has ruled that a police officer had reasonable suspicion to pull over a driver after seeing his truck emit an “excessive” amount of smoke.
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COA affirms dropped charges for ex-IURC chief Hardy

April 29, 2014
Dave Stafford
Because David Lott Hardy, former chairman of the Indiana Utility Regulatory Commission, broke no laws, a trial court didn’t abuse its discretion in dismissing felony official misconduct charges against him, the Indiana Court of Appeals held Tuesday.
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Plea bars man from credit for time served on electronic monitoring

April 28, 2014
Jennifer Nelson
Because a man entered into a plea agreement that he was not entitled to credit for the time he was on electronic monitoring as a condition of bond, the Indiana Court of Appeals affirmed his 14-year sentence.
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Gambler scores partial victory before Tax Court

April 25, 2014
Jennifer Nelson
The Indiana Tax Court Thursday granted an alleged professional gambler’s motion to compel the Department of State Revenue to comply with nearly all of his discovery requests in his quest to deduct certain business expenses.
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Judges decline to revise man’s 60-year molestation sentence

April 25, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument to revise his sentence for molesting the daughters of his ex-girlfriend to be served concurrently instead of consecutively because of his age and he is paraplegic.
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COA reissues expungement opinion

April 24, 2014
Jennifer Nelson
The Indiana Court of Appeals reissued its decision finding the trial court should have granted a man’s petition for expungement. The court originally handed down the opinion in Taylor v. State, 45A03-1310-CR-406, April 17.
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Woman’s conviction for threatening apartment manager upheld

April 24, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a woman’s intimidation conviction Thursday, finding the evidence supports the charge that she threatened the manager of the apartment complex where she lived.
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Court upholds man’s molestation convictions

April 24, 2014
Jennifer Nelson
Finding no juror misconduct or any fundamental error in the admission of certain testimony during a man’s trial for molesting his daughter, the Indiana Court of Appeals upheld his multiple molestation convictions. He will also have to file a petition for post-conviction relief to challenge his habitual offender adjudication.
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Judges uphold man’s conspiracy conviction

April 23, 2014
Jennifer Nelson
Although the state charged a man with the non-existent crime of “conspiracy to commit attempted armed robbery,” the record shows Matthew Wilhoite was actually convicted of conspiring to commit armed robbery. As such, the Indiana Court of Appeals rejected his claim he was convicted of a crime that doesn’t exist.
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COA adopts rule allowing for partial subordination of 1st lienholder’s interest

April 23, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday decided the state should follow the majority rule on agreements to modify the priority of liens securing interests in a borrower’s assets.
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Judges affirm ex-wife’s cut of lottery winnings

April 23, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a woman’s contention that she should be entitled to more than 2.5 percent of her ex-husband’s lottery winnings based on his admission that 70 percent distribution would be “fair and equitable.”
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COA: Search of passenger not unconstitutional

April 23, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a woman’s claim that drugs found in her possession should not have been admitted at trial because a police search of her after a traffic stop violated the federal and state constitutions.
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SCOTUS upholds Michigan affirmative-action ban

April 23, 2014
IL Staff
The Supreme Court of the United States by a vote of 6-2 Tuesday upheld Michigan’s constitutional amendment banning the use of affirmative action by its public universities.
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Assertion of state’s rights may not support same-sex marriage ban

April 22, 2014
Marilyn Odendahl
Indiana is contenting that states have the authority to define marriage, but the federal court and the ACLU of Indiana have given little merit to the state’s arguments for maintaining a ban on same-sex marriage.
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Defender’s trial strategy trumps inmate’s pro se early-trial request

April 22, 2014
Dave Stafford
A prison inmate who asked for a public defender then said at an initial hearing he wanted to “file for fast and speedy trial too” lost his appeal that argued the court erred by not ruling on his request and his trial counsel was ineffective.
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Hogsett: Machine gun case most ‘egregious,’ ‘dangerous’ he’s seen

April 22, 2014
IL Staff
Joe Hogsett on Tuesday announced the maximum penalty was warranted in a felony firearm case he called the most “egregious and dangerous” he’s seen during his time as U.S. attorney for the Southern District of Indiana.
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Grandparents lose adoption appeal in first-impression case

April 22, 2014
Dave Stafford
Grandparents who filed late motions challenging a stepfather’s adoption of a 6-year-old are not entitled to relief based on their argument they didn’t receive legal notice, the Indiana Court of Appeals ruled Tuesday in a family law case raising two issues of first impression.
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Parallel parenting provision divides COA

April 22, 2014
Marilyn Odendahl
In reversing a trial court’s modification of the custody agreement even though neither parent requested a change in custody, the Indiana Court of Appeals split over how much discretion a Parallel Parenting Time Order grants a court.
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Reversal: Neighbors may intervene in environmental cleanup case

April 21, 2014
Dave Stafford
Businesses neighboring an Indianapolis industrial property that was forced to clean up hazardous chemicals were improperly shut out of litigation involving the city and state, the Indiana Court of Appeals ruled Monday.
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Utica school preservationists win reversal, get day in court

April 21, 2014
Dave Stafford
Clark County residents who sued township officials over how a former school in the Ohio River community of Utica was being used will get to plead their case, the Indiana Court of Appeals ruled Monday, reversing a trial court order for the township.
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7th Circuit affirms Wisconsin’s limits on unions, Indiana RTW challenge remains

April 18, 2014
Marilyn Odendahl
While still considering a challenge to Indiana’s right-to-work law, the 7th Circuit Court of Appeals has affirmed Wisconsin’s statute limiting the collective bargaining power of some public sector unions. 
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Judges uphold custody award of non-biological child to stepfather

April 17, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed an award granting a man primary physical custody of his child with his ex-wife, as well as her daughter from a previous relationship.
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  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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