Court opinions
COA splits over reversing possession conviction
December 7, 2012
Jennifer NelsonA divided Court of Appeals upheld a man’s possession of marijuana conviction that stemmed from a 911 call. Dissenting
Judge James Kirsch doesn’t believe that the providing of a name by a 911 caller removes this case from the category
of an anonymous caller, thus the call doesn’t give police enough evidence to stop the car the defendant was in.
MoreInsurer doesn’t have to cover cleanup of California sites
December 6, 2012
Jennifer NelsonRelying on California law and a case from 2006, the Indiana Court of Appeals affirmed that an insurer of former film-processing
sites has no obligation to indemnify Thomson Inc. for the remediations of three California locations.
MoreCOA rules against longtime shooting range owner
December 6, 2012
Jennifer NelsonA Marshall Circuit judge erred in granting partial summary judgment in favor of a shooting range owner on his neighbors’
claims of nuisance, the Indiana Court of Appeals held Thursday. The appellate judges found a statute cited by the trial court
did not apply to the owner.
More7th Circuit upholds $3M restitution order for copper theft
December 5, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that
restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount
of restitution he should pay for his role in copper theft.
MoreJudges affirm 911 recording properly admitted as evidence
December 5, 2012
Jennifer NelsonRuling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that
were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller
did not.
MoreCOA not persuaded by defendant’s claims on appeal
December 5, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property
and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during
his trial.
MoreRefusal to give jury instruction not harmless error
December 5, 2012
Jennifer NelsonA trial court’s error in refusing to give a defendant’s tendered self-defense and resistance of unlawful force
instructions during his trial was not harmless and requires the man’s conviction of Class D felony resisting law enforcement
be overturned, the Indiana Court of Appeals held Wednesday.
MoreMother’s consent to adoption not required
December 5, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the decision by the Wabash Circuit Court to deny a father and his wife’s petition
to allow his wife to adopt his minor child, finding the biological mother’s consent is not required.
MoreCourt split over valid ID requirement for name change
December 5, 2012
Jennifer NelsonThe Court of Appeals concluded Wednesday that the trial court erred when it required a valid driver’s license or state
identification card as a prerequisite to grant a petition for a name change under Indiana Code 34-28-2, but split over whether
an elderly man can change his name because he’s never had a valid state-issued ID.
MoreConour still without counsel
December 4, 2012
Dave StaffordEx-attorney William Conour still has not secured legal counsel in his federal wire fraud case, he told Chief Judge Richard
Young during a status hearing conducted by phone Tuesday.
MoreResisting conviction reversed, but meth convictions stand
December 4, 2012
Dave StaffordA man who was convicted of multiple methamphetamine felonies had his misdemeanor resisting law enforcement conviction reversed,
but the Court of Appeals was not persuaded to overturn his drug convictions.
MoreCOA affirms on rehearing its ruling against Bloomington dry cleaner
December 4, 2012
Dave StaffordThe Indiana Court of Appeals rejected on rehearing a Bloomington dry cleaner’s request that it reconsider its August
ruling that went against him.
MoreCOA rehearing restates trial court survey remedies
December 4, 2012
IL StaffThe Indiana Court of Appeals granted rehearing in a Starke County case in which the reliability of a survey is at issue.
More7th Circuit affirms drug conspiracy judgments, cautions prosecution
December 3, 2012
Dave StaffordNine defendants who were convicted in federal court of drug conspiracy for distributing methamphetamine and marijuana will
continue to serve their sentences after the 7th Circuit Court of Appeals affirmed the judgments but issued cautions for federal
prosecutors.
MoreReligious bent of Indiana’s marriage statute is not unconstitutional, federal court rules
December 3, 2012
Marilyn OdendahlThe Center For Inquiry, a non-profit that promotes a secular society based on science and reason, plans to appeal a federal
court’s ruling that Indiana’s Solemnization Statute is constitutional.
MoreCOA affirms sex offender’s removal from registry
December 3, 2012
Dave StaffordA man convicted of rape in Pennsylvania in 1993 is not required to register as a sex offender in Indiana, the Court of Appeals
affirmed Monday.
MoreDisciplinary Commission overreached, justices agree
November 30, 2012
Dave StaffordAn Ohio attorney who argued his disciplinary case in a rare public forum before the Indiana Supreme Court prevailed as justices
said the Indiana Disciplinary Commission’s arguments failed.
MoreCOA rejects insurer’s new arguments
November 30, 2012
Marilyn OdendahlAn insurance provider was unsuccessful in its attempt to convince the Indiana Court of Appeals to change its mind that the
company has a duty to indemnify or defend.
MoreAppeals court reverses adoption; birth mother denied due process
November 30, 2012
Dave StaffordA Jasper County mother was denied due process when her children were allowed to be adopted while the birth mother’s
appeal of her termination of parental rights was pending, the Indiana Court of Appeals ruled Friday.
MoreCOA affirms order Amish connect to sewer system
November 29, 2012
Jennifer NelsonThe Indiana Court of Appeals has upheld a trial court’s decision to deny setting aside agreements several members of
the Old Order Amish near Loogootee made to connect to a sewer system and the order that a couple hook up to the system.
MoreLatin Kings gang member, 2 others sentenced
November 29, 2012
IL StaffA member of the Latin Kings street gang and two associates have been sentenced to prison for racketeering conspiracy and other
crimes in support of the gang, the U.S. Attorney’s Office in the Northern District of Indiana announced Thursday.
MoreCOA divided over dismissing fired HR director’s complaint
November 28, 2012
Jennifer NelsonThe Indiana Court of Appeals was split over whether Delaware County commissioners could terminate the contract of the Board
of Commissioners’ human resources director after two new members were elected to the board.
MoreJudges uphold 10-year suspension of driver’s license
November 28, 2012
Jennifer NelsonA Porter County man who fought the Bureau of Motor Vehicles' decision to suspend his license for being a habitual traffic
violator lost his case before the Indiana Court of Appeals.
MoreCOA rules in favor of remodeler on unhappy client’s claim
November 27, 2012
Jennifer NelsonFinding the Clark Circuit Court erred in considering parol evidence when denying a remodeler’s motion for summary judgment,
the Indiana Court of Appeals found the lower court should grant his motion on a lawsuit brought by a client for negligently
performing work on her home.
MoreJustices hear arguments in Ball State case
November 26, 2012
Jennifer NelsonIn a case that hinges on the definition of “supervisor,” the United States Supreme Court heard arguments Monday
morning in a lawsuit filed by a Ball State University employee.
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Indianapolis law firm Stewart & Irwin closing
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SCOTUS rules against Indiana farmer in seed patent case
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More than half of Conour’s inventoried assets gone, feds say
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Social media sleuths find evidence, but admissibility requires authentication
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Mediation space key to resolution, even if it’s a getaway divorce
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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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.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!