Court opinions

Court clarifies original ruling on spousal maintenance

December 13, 2011
Jennifer Nelson
On rehearing, the Indiana Court of Appeals addressed the issue of an ex-husband’s ability to pay incapacity maintenance to his spouse, but affirmed its original opinion in all respects.
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Justices take guest statute case

December 12, 2011
IL Staff
The Indiana Supreme Court has accepted a case that deals with whether a tort claim filed by a son against his father should be precluded by the Indiana Guest Statute. The case prompted each judge on the Indiana Court of Appeals panel that heard the case to author an opinion.
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Judges dismiss man's untimely appeal

December 9, 2011
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that even though his appeal was untimely, the court should still address his appeal because of “considerations of justice.”
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Appellate court upholds murder conviction

December 9, 2011
Jenny Montgomery
The Indiana Court of Appeals found the circumstantial evidence presented at trial was sufficient to establish beyond a reasonable doubt that a man killed his wife.
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COA reverses termination of mother's parental rights

December 8, 2011
Jennifer Nelson
The Indiana Court of Appeals found Thursday that the trial court findings in a parental termination case out of Dearborn County do not support the decision to terminate a mother’s parental rights to three of her children.
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Husband allowed to petition for survivor's allowance

December 7, 2011
Jennifer Nelson
Even though a wife had filed for divorce from her husband at the time she was killed, the husband is still allowed to petition for survivor’s allowance, the Indiana Court of Appeals affirmed Wednesday.
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Court upholds judgment for doctor, health care center

December 7, 2011
Jennifer Nelson
A woman who challenged the grant of summary judgment on her negligence claims in favor of the doctor who performed her breast reduction surgery and the heath care center where it was performed lost her appeal before the Indiana Court of Appeals.
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Man gets 326 months imprisonment, lifetime supervision for child pornography

December 6, 2011
Michael Hoskins
U.S. Judge Robert Miller Jr. sentenced an Elkhart man to 326 months in prison and a lifetime of supervised release after his guilty plea to sexually exploiting children.
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COA affirms denial of motion to suppress

December 6, 2011
Jennifer Nelson
The actions of police officers who showed up on a man’s property to investigate a complaint – which led to the discovery of marijuana plants – were reasonable, according to the Indiana Court of Appeals.
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Appellate court rules in judge's favor

December 6, 2011
Michael Hoskins
Trial courts don’t have the authority to issue orders against other courts and judges mandating that they stop certain practices, the Indiana Court of Appeals has ruled.
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Construction of fence is actionable tort

December 6, 2011
Jenny Montgomery
The Indiana Court of Appeals has reversed the trial court in a land dispute case involving two companies.
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Appellate court rules on insurance coverage case

December 6, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled in favor of a group of insurance companies that argued a waste management company couldn’t seek coverage for asbestos and related worker injuries under policies signed by corporate predecessors before 1986.
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Appellate court cites claim-splitting, res judicata in rejecting appeal

December 6, 2011
Jenny Montgomery
In a life insurance case that has spanned eight years, the Indiana Court of Appeals has ruled that an appeal from a widow is without merit.
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Confidential informant testimony did not hinder defense

December 6, 2011
Jenny Montgomery
A man who was arrested after a confidential informant arranged drug buys was not hindered by the fact that the informant testified at trial anonymously, the Indiana Court of Appeals ruled.
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COA finds no error in juvenile adjudication

December 6, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a juvenile court’s decision to place a minor in a residential treatment center, holding sufficient evidence exists to support the court’s dispositional order.
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Photos admissible when evidence has been destroyed

December 5, 2011
Jenny Montgomery
In an appeal from a man convicted of Class B dealing in methamphetamine and Class B misdemeanor visiting a common nuisance, the Indiana Court of Appeals has held that photos of a methamphetamine lab were admissible because the physical evidence had been destroyed.
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COA sides with appellant in probation violation complaint

December 5, 2011
Jenny Montgomery
The Indiana Court of Appeals has held that when a probation is transferred between Indiana counties, the receiving county assumes supervisory authority over the case.
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Former city-county councilor sentenced to 40 months

December 2, 2011
IL and IBJ Staff
U.S. Senior Judge Larry McKinney on Thursday sentenced former Indianapolis City-County Councilor Lincoln Plowman to 40 months in federal prison for attempted extortion and bribery.
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7th Circuit affirms ruling against woman kicked out of public housing

December 1, 2011
Jennifer Nelson
A woman who challenged the Housing Authority of South Bend’s decision to terminate her lease for federally subsidized public housing because of criminal activity lost her appeal before the 7th Circuit Court of Appeals.
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Appellate court upholds criminal recklessness conviction

December 1, 2011
Jennifer Nelson
The Indiana Court of Appeals determined there was sufficient evidence to uphold a man’s conviction of criminal recklessness regarding his firing of a gun.
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'Inextricably intertwined' exception appropriate under state constitution

November 30, 2011
Jennifer Nelson
The Indiana Supreme Court ruled Wednesday that under Article 1, Section 13 of the Indiana Constitution, the right to counsel is violated only where a different offense is inextricably intertwined with the charge on which counsel is already representing the defendant.
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Majority reverses Hopper advisement created last year

November 29, 2011
Jennifer Nelson
A divided Indiana Supreme Court has reversed its 2010 decision to require pro se defendants be informed about the dangers of pleading guilty without an attorney. Two of the justices who originally voted to create the “Hopper advisement” found themselves in the minority on the high court’s decision on rehearing.
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COA addresses impact of guilty pleas on immigration status

November 28, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man’s petitions for post-conviction relief, finding his attorneys’ failure to advise him of adverse immigration consequences of pleading guilty did not prejudice his defense.
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Appellate judges travel to Indianapolis high school

November 28, 2011
IL Staff
The Indiana Court of Appeals will hear arguments in Christopher Bryant v. State of Indiana Tuesday at Lawrence North High School in Indianapolis.
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Judge grants limited class certification in stage collapse lawsuit

November 28, 2011
Michael Hoskins
While she said she doubts the plaintiffs can win their case, U.S. Judge Sarah Evans Barker is allowing limited class certification in a lawsuit challenging the state’s $5 million damage liability cap. Plaintiffs incurred injuries in the Indiana State Fair stage collapse Aug. 13.
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  1. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  2. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  3. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  4. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  5. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

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