Court opinions

Hot dog vendor who stabbed man in head loses appeal

September 30, 2016
Dave StaffordMore

Charge under wrong part of statute reverses conviction

September 30, 2016
Dave Stafford
A man’s conviction of attempted obstruction of justice was reversed Friday by the Indiana Court of Appeals because the state charged him under the wrong part of the statute.
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Tax Court dismisses case against Department of Revenue due to petitioner inaction

September 30, 2016
Olivia Covington
The Indiana Tax Court dismissed a gasoline and convenience store company’s case against the state Department of Revenue Thursday, writing that the company failed to respond to discovery requests or take any action in the case for a period of more than two months.
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Supreme Court upholds man's murder, robbery convictions

September 29, 2016
Olivia Covington
The Indiana Supreme Court has upheld a man’s convictions and life sentence for murder and robbery after the justices rejected each of his arguments alleging error on the part of the Grant Superior Court.
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Supreme Court vacates order to require restitution as part of woman’s probation

September 29, 2016
Olivia Covington
The Indiana Supreme Court has vacated an order a defendant pay restitution as a condition of probation after finding that the trial court failed to determine that the defendant did not have the ability to pay.
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COA rejects ex-teacher’s appeal for lighter sentence for seduction of student

September 29, 2016
Olivia Covington
A former Indiana teacher and coach convicted of child seduction with a student cannot have his sentence reduced after the Indiana Court of Appeals decided Wednesday that his character and the nature of his offense do not warrant a lighter sentence.
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COA finds electrician can sue companies after mesothelioma diagnosis

September 28, 2016
Olivia Covington
The Indiana Court of Appeals held Wednesday that an electrician can sue the companies where he previously worked as an independent contractor for negligence and liability after he was exposed to asbestos.
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COA says attempted murder is not an exception to voluntary intoxication statute

September 28, 2016
Olivia Covington
The Indiana Court of Appeals found Wednesday that a man cannot have his attempted murder charge overturned because he was drunk at the time of the incident, writing that voluntary intoxication does not negate the specific intent to kill requirement of an attempted murder charge.
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COA finds no evidence of severe mental illness to prohibit pro se proceedings

September 28, 2016
Olivia Covington
A woman’s convictions for possession of controlled substances and operating a vehicle while intoxicated will stand after the Indiana Court of Appeals found Wednesday that she did not suffer from a severe mental illness that should have precluded her from proceeding pro se.
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COA rules that negligent hiring claim against Pizza Hut can proceed

September 27, 2016
Olivia Covington
A negligent hiring claim against Pizza Hut can continue to move through Jefferson Circuit Court after the Indiana Court of Appeals found Tuesday that the trial court erred when it granted summary judgment in favor of the pizza chain.
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Court of Appeals finds parents unfit, affirms termination of parental rights

September 26, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Monday a decision to terminate parental rights after both parents failed to show evidence that allowing them to maintain their rights would be in the best interest of the children.
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COA affirms denial of timber buyer’s petition for post-conviction relief

September 26, 2016
Olivia Covington
The Indiana Court of Appeals found Monday that a Washington County timber buyer failed to prove that he was not guilty of illegally purchasing timber and, thus, is not entitled to post-conviction relief.
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Tax Court allows for withdrawal of 29 requests for admissions

September 26, 2016
Olivia Covington
The Indiana Tax Court has ruled in favor of a recreational vehicle manufacturer and allowed a group of 29 separate requests for admissions to be withdrawn.
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COA affirms denial of foster parents’ petition for adoption

September 23, 2016
Olivia Covington
A set of foster parents do not have the right to adopt two children without their father’s consent despite the fact that the father does not have visitation with the children, the Indiana Court of Appeals found Friday.
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7th Circuit Court finds former county employee’s FLSA rights were not violated

September 23, 2016
Olivia Covington
The 7th Circuit Court of Appeals found Thursday that Tippecanoe County adequately compensated a former employee who sued the county for violation of his rights under the Fair Labor Standards Act.
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7th Circuit affirms decision not to hold special election for judges

September 22, 2016
Olivia Covington
The 7th Circuit Court of Appeals has affirmed a district court’s decision not to order a special election for Marion County Superior judges after two candidates for judge said their names were unconstitutionally kept off of the general election ballot.
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COA vacates public defender, probation fees for indigent man

September 21, 2016
Olivia Covington
The Indiana Court of Appeals has vacated an order for a man convicted of public intoxication and found to be indigent to pay more than $600 in public defender and probation fees.
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COA finds that defendant did not prove counsel error

September 21, 2016
Olivia Covington
The Indiana Court of Appeals will not reverse a decision to deny a man’s petition for post-conviction relief after he was convicted of three counts of felony robbery, despite his argument that the third charge of felony robbery was added against him in an untimely manner.
More

COA reverses judgment against State Farm, finds trial court erred in excluding evidence

September 20, 2016
Olivia Covington
The Indiana Court of Appeals reversed a judgment Tuesday against State Farm Mutual Automobile Insurance Co. after finding that a trial court erred in excluding evidence that could have proven the insurance company did not play a role in an accident that led to the plaintiff suffering from severe migraine headaches.
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Woman’s criminal recklessness, battery convictions against husband affirmed

September 20, 2016
Olivia Covington
The Indiana Court of Appeals on Tuesday upheld a woman’s conviction of misdemeanor battery against her husband despite her claim that the trial court did not allow her to admit evidence relevant to her case.
More

K-9 search turning up heroin in car sufficient for conviction

September 16, 2016
Dave Stafford
A South Bend man’s conviction of Level 6 felony possession of a narcotic was affirmed by the Indiana Court of Appeals Friday, which found the evidence was sufficient to support the jury’s verdict.
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COA: Defrauded Logansport business can’t sue Michigan law firms here

September 16, 2016
Dave Stafford
A Logansport businessman who was defrauded of more than $20,000 cannot use Indiana courts to sue the Michigan law firm whose client was later convicted of wire fraud, the Indiana Court of Appeals ruled Friday.
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Judge: Elkhart school's Christmas program didn't violate law

September 16, 2016
 Associated Press
A U.S. District Court judge has ruled that an Elkhart high school's Christmas program last year didn't violate constitutional prohibitions against the endorsement of religion by public entities.
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Appeals court affirms decision to strip parental rights

September 15, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Thursday a trial court decision to involuntarily strip a couple of their parental rights despite the father’s claim that the Department of Child Services had not produced enough evidence to warrant such action.
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COA reverses decision to deny woman’s expungement request

September 15, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a Jay Circuit Court decision to deny a woman’s petition for expungement of her records after she was convicted of forgery and dealing in methamphetamine.
More
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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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