Court opinions

Opinion invites high court to reconsider decision

January 29, 2009
Jennifer Nelson
The Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound by the high court's previous ruling.
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COA clarifies unemployment benefits issue

January 29, 2009
Jennifer Nelson
The Indiana Court of Appeals used a case before it as an opportunity to clarify how an employee's eligibility for unemployment benefits should be determined when the employee is discharged for attendance issues.
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Trial court couldn't modify man's sentence

January 28, 2009
Jennifer Nelson
Finding the addition of the term "imposed" to an amendment of Indiana Code Section 35-38-1-17(a) in 2005 to be critical in a man's appeal of his sentence, the Indiana Court of Appeals affirmed the denial of his motion to modify his second sentence.
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COA: Wife is liable for mortgages

January 27, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure; however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
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Judges differ in stipulation matter

January 27, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed on whether a defendant pleaded guilty to the enhancement of his auto theft conviction based on his previous conviction for a similar crime.
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Justices: City can proceed with ELA claim

January 23, 2009
Jennifer Nelson
The Indiana Supreme Court held that the city of South Bend's claim under the Environmental Legal Action statute can continue because the statute of limitations hadn't run out.
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High court rules on landlord-tenant dispute

January 22, 2009
Michael Hoskins
Landlords must refund a security deposit and can't get money back for property damage if they don't adequately or timely notify tenants about those claims, but landlords can still recover unpaid rent and other losses, the Indiana Supreme Court ruled today.
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Miscarriage an 'act' in intimidation charge

January 22, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed today a man's conviction of and sentence for intimidation after he threatened his wife, who recently miscarried. The appellate court ruled the miscarriage fulfilled the "act" part of the charge as contemplated by Indiana statute.
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Court dismisses photograph suit

January 21, 2009
Jennifer Nelson
A man's pro se prisoner suit against the public information officer of a correctional facility and a reporter that he claimed are responsible for his shooting injury was dismissed Tuesday by a U.S. District Court judge.
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COA adopts 'compromise approach' of theory

January 20, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's conviction of child molesting, ruling he failed to prove the trial court erred by excluding certain evidence regarding his victim.
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Circuit Court: Spreadsheets OK as evidence

January 15, 2009
Jennifer Nelson
A Terre Haute company and its president lost an appeal of their convictions and sentence for making materially false statement reports under the Clean Water Act.
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COA: No credit for pretrial home detention

January 14, 2009
Jennifer Mehalik
The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.
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COA: Policy doesn't cover car in accident

January 13, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled in favor of an insurance company in a suit seeking compensation for damages by the insured's grandson after a car accident. The appellate court also used the opinion to remind counsel of the rules for filing appendices.
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7th Circuit addresses challenges under the RFARestricted Content

January 12, 2009
Jennifer Nelson
7th Circuit adresses for the first time who could bring a challenge to a regulatory flexibility analysis or certification under the Regulatory Flexibility Act.
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Summary judgment affirmed for dairy farm

January 12, 2009
Jennifer Nelson
The Court of Appeals affirmed summary judgment in favor of a confined feeding operation in a dispute between the dairy farm and its neighbor over a tract of land and the impact of the farm on the neighbor's property.
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Court: Driver didn't prove discrimination

January 9, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a truck driver's former company in the driver's suit against it for discrimination, finding he failed to present a genuine issue of material fact in his Americans with Disabilities Act claims.
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Court rules in transgender discrimination case

January 6, 2009
Jennifer Mehalik
A District Court judge today granted summary judgment in favor of a convenience store company that was being sued by a transgender employee for sex discrimination after she was fired.
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Sexual misconduct may not be abusive

January 5, 2009
Jennifer Mehalik
The 7th Circuit Court of Appeals vacated today a man's sentence following a guilty plea on a child pornography charge because it was unsure whether his previous conviction in Indiana for sexual misconduct with a minor should be considered abusive and allow for his minimum sentence to be increased.
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COA reverses assisting criminal conviction

January 5, 2009
Jennifer Mehalik
The Indiana Court of Appeals reversed a woman's conviction of misdemeanor assisting a criminal Jan. 2 because the state failed to define "fugitive from justice" and prove the criminal was charged with an offense in another state and fled to Indiana.
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Justices split in traffic-stop decision

January 5, 2009
Jennifer Mehalik
The Indiana Supreme Court justices were split in their decision issued Dec. 31 on whether a defendant's state and federal constitutional rights were violated when police questioned him about weapons and drugs after he was pulled over for a traffic violation.
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SCOTUS: Lab techs must testify

January 1, 2009
Michael Hoskins
A decision today from the Supreme Court of the United States will have an immediate impact on Indiana, where state justices are considering at least two cases about whether lab technicians who've tested evidence in a case must appear on the stand.
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Judges disagree on intent issue in rape trial

January 1, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed as to whether a defendant in a rape case put his intent at issue during trial by attempting to show his victim consented to sex with him.
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Judges differ in interpretation of earlier ruling

December 31, 2008
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed today as to whether a man's convictions of attempted sexual misconduct with a minor and attempted dissemination of matter harmful to minors should be reversed because his intended victim was actually a police officer conducting an online sting operation.
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Court erred in dismissing claim with prejudice

December 30, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding the court misinterpreted a previous appellate ruling to support the dismissal.
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Mom's promoting prostitution sentence stands

December 30, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.
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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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