Court opinions

Inmate loses 3 appeals

June 17, 2009
Jennifer Nelson
Eric D. Smith, the New Castle inmate with the propensity for filing pro se suits, lost three appeals today with the Indiana Court of Appeals.
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Justices: new Terre Haute election not needed

June 16, 2009
Michael Hoskins
A special election isn't needed to determine the rightful mayor of Terre Haute, the Indiana Supreme Court ruled today.
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Court rules on incurred risk in malpractice suit

June 16, 2009
Jennifer Nelson
The Indiana Supreme Court ruled today that, in general, incurred risk isn't a defense to medical malpractice based on negligence or lack of informed consent.
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First impression on residential entry issue

June 15, 2009
Jennifer Nelson
Since a man who had permission to be in his ex-girlfriend's garage did not have permission to be in her house, he committed residential entry as a Class D felony when he kicked in her locked kitchen door to use the phone.
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Opinion explains use of supplemental evidence

June 15, 2009
Jennifer Nelson
In affirming a trial court's decision to uphold a board of zoning appeals' denial of a petition for a variance, the Indiana Court of Appeals also addressed the trial court's admission of supplemental evidence pursuant to Indiana Code Section 36-7-4-1009.
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Judges differ on pretrial credit award

June 12, 2009
Jennifer Nelson
Each judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant, who pleaded guilty to one charge - other charges were dismissed - is entitled to, or if he is entitled to any time at all.
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Animal cruelty an exigent circumstance

June 11, 2009
Jennifer Nelson
Ruling on the issue for the first time in state courts, the Indiana Court of Appeals decided animal cruelty rises to the level of exigent circumstances to permit a warrantless search of curtilage. The decision came in a man's appeal of his dog fighting convictions.
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Suit based on church-member letter may go on

June 10, 2009
Jennifer Nelson
A letter written by a church member and circulated through another member's work e-mail address contains some allegedly defamatory statements that can be considered secular, so a suit for defamation and invasion of privacy could continue on those statements, the Indiana Court of Appeals ruled today.
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COA: Park ban violates ex post facto laws

June 9, 2009
Jennifer Nelson
Relying heavily on a recent Indiana Supreme Court decision regarding sex offenders and ex post facto laws, the Indiana Court of Appeals split in finding a city ordinance banning a convicted sex offender who no longer has to register with the state was punitive and unconstitutional as applied to him.
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SCOTUS: Elected judges must step aside

June 8, 2009
Michael Hoskins
Elected judges must recuse themselves in cases where large campaign contributions from interested parties create an appearance of bias, the nation's highest court ruled today.
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Court doesn't order contempt sanctions on state

June 8, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals was presented with the question in an Indiana case of how much non-compliance of a consent decree involving Medicaid applications is needed before a District Court can impose civil contempt sanctions.
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COA affirms judgment in property-tax dispute

June 5, 2009
Jennifer Nelson
The Indiana Court of Appeals released an opinion today dealing with a topic that gives many homeowners headaches - property taxes.
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Inmate's complaint dismissed again

June 4, 2009
Jennifer Nelson
An inmate's complaint, which led the Indiana Supreme Court to find the Three Strikes Law to be unconstitutional last year, was properly dismissed under the Frivolous Law Claim by the trial court on remand, the Indiana Court of Appeals ruled today.
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COA: Rule of incredible dubiosity not applicable

June 4, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's domestic battery conviction and sentence, concluding his wife's testimony about the altercation wasn't subject to the rule of incredible dubiosity.
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Court denies officer's summary judgment motion

June 3, 2009
Jennifer Nelson
A federal judge denied an Indiana State Police officer's motion for summary judgment in a suit alleging he violated a motorist's rights under the Fourth and 14th amendments, ruling it should be up to a jury to decide the issues because the parties' stories regarding what happened during the traffic stop differ radically.
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COA reiterates confidential-information filing

June 3, 2009
Jennifer Nelson
The Indiana Court of Appeals emphasized in an opinion today the proper procedure for filing documents with confidential information, instigated by the fact the appellant's original appendix included a pre-sentence report on white paper and included a Social Security number.
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Justices dismiss public school funding case

June 2, 2009
Michael Hoskins
Even if Indiana's public school system falls short of where it should be in providing quality education, courts aren't constitutionally able to set standards or establish a financing formula because that's a task falling solely to the General Assembly.
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Issues of fact in molestation suit against father

June 2, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion of summary judgment by a father accused of molesting two of his adopted sons when they were children.
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COA: Police didn't need to search car after stop

June 1, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a man's unlawful possession of a firearm by a serious violent felon conviction, ruling the warrantless search of the car the man was driving violated his federal and state constitutional rights.
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Justices: License plates can't be in rear windows

May 29, 2009
Michael Hoskins
Justice Robert Rucker says his four Indiana Supreme Court colleagues have issued a ruling that transforms millions of law-abiding residents into traffic offenders.
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COA rules insurer has no duty to defend

May 29, 2009
Jennifer NelsonMore

Justices split on discounted medical expenses

May 28, 2009
Michael Hoskins
In a ruling about whether insurance discounts can be used to determine reasonable medical expenses, two Indiana Supreme Court justices say their colleagues have created a new rule that is "incomplete, misleading, and unfair" and will add "layers of complexity, time, and expense to personal injury litigation, impairing the efficient administration of justice."
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COA upholds dismissal of election challenges

May 28, 2009
Jennifer Nelson
Today Indiana's appellate courts are dealing with two mayoral election disputes, with the Court of Appeals ruling on one in Muncie and the Supreme Court hearing arguments in another from Terre Haute.
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Arrest upheld after seatbelt stop

May 22, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a defendant's motion to suppress evidence following a traffic stop for a seatbelt violation, finding the police officer's inquiry regarding an object in the man's pants didn't violate his constitutional rights or the Seatbelt Enforcement Act.
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COA: Church not a 'youth program center'

May 21, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a man's Class A felony conviction of possession of cocaine, finding he wasn't within 1,000 feet of a "youth program center" because the building is a church running mostly faith-based programs. It's an issue of first impression for Indiana courts.
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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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