Court opinions

Justices order trial on reasonable force issue

June 28, 2010
Jennifer Nelson
A law enforcement officer’s use of force in excess of reasonable force authorized by statute isn't shielded from liability under the "enforcement of a law" immunity under Indiana Code Section 34-13-3-3(8), the Indiana Supreme Court held today.
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Appeals court rules on corporate subsidiaries case

June 25, 2010
Michael Hoskins
The Indiana Court of Appeals has ruled against a Bluffton electric company, finding that corporations can’t simply create subsidiaries internally and declare them separate entities in order to avoid paying higher tax rates under state unemployment compensation law.
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Court rules on appellate counsel issue in child molesting case

June 25, 2010
Michael Hoskins
A decade-old old case from the Indiana Court of Appeals doesn’t apply to child molesting cases, the state’s second highest appellate court has ruled.
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Justices adopt appellate court findings

June 25, 2010
Michael Hoskins
The Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court of Appeals decided on two criminal appeals.
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Translated transcripts necessary for jury

June 23, 2010
Jennifer Nelson
A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.
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Justices rule on judicial mandate case

June 22, 2010
Michael Hoskins
In its first case since the state amended its rules last year on how judicial mandates are handled, the Indiana Supreme Court has today issued a decision about a St. Joseph Superior judge’s mandate for the county to pay for multiple items he considered necessary for running the local juvenile justice system.
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Court: refusal to identify law applies to passengers

June 22, 2010
Michael Hoskins
Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion he’d done anything wrong.
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Checkpoint doesn't violate separation of powers

June 21, 2010
Jennifer Nelson
The use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the Indiana Court of Appeals ruled today.
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COA: negligence claim should go to trial

June 18, 2010
Jennifer Nelson
The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.
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Justices: statements fall within qualified privilege

June 18, 2010
Jennifer Nelson
The Indiana Supreme Court affirmed summary judgment in favor of a company and its employee in a defamation suit because qualified privilege precludes the defamation action.
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SCOTUS rules on Indiana steel plant case

June 17, 2010
Michael Hoskins
The Supreme Court of the United States has ruled on a case about a northern Indiana steel processing plant, overturning the 7th Circuit Court of Appeals and effectively limiting how a federal labor-relations board is able to conduct business regarding employee and union rights.
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COA upholds stop of teen with gun

June 17, 2010
Jennifer Nelson
The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded the juvenile court’s comments to the teen’s father don’t require a remand.
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Gaming agents have full police power

June 17, 2010
Jennifer Nelson
A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense of resisting law enforcement, the Indiana Court of Appeals decided today.
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Tax court orders USUT refund

June 17, 2010
Jennifer Nelson
The Indiana Department of State Revenue erred in concluding that a natural gas-fired power plant in Terre Haute was subject to the Utility Services Use Tax, ruled the Indiana Tax Court Wednesday.
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COA refuses to rule defendants get blanket immunity

June 11, 2010
Jennifer Nelson

The Indiana Court of Appeals affirmed that an arrestee brought to the hospital by police who was forced to have a catheter to obtain a urine sample can’t sue the health-care providers under the Medical Malpractice Act. The appellate judges also ruled the health-care providers weren’t entitled to blanket immunity.

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Supreme Court denies transfer to four

June 10, 2010
Rebecca Berfanger

The Indiana Supreme Court denied transfer in four cases June 3. As of today’s Indiana Lawyer daily deadline, the court had not yet posted transfers since those from the week ending June 4.

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Judges: no private cause allowed for not reporting abuse, neglect

June 10, 2010
Michael Hoskins
Standing behind a decision made by appellate judges about 20 years ago, the Indiana Court of Appeals has again declined to interpret state statute in a way that allows for a private right of action for failing to report child abuse or neglect.
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Judges uphold sentence increase on appeal

June 10, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.
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Justices differ on defining 'youth program center'

June 9, 2010
Jennifer Nelson
Two Indiana Supreme Court justices objected to affirming a man’s drug sentence for possession within 1,000 feet of a “youth program center” because the church that ran the programs wasn’t easily identifiable as regularly running programs for kids.
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Articles about pending cases raise concerns

June 9, 2010
Michael Hoskins
At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.
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Justices order new trial based on traffic judge's conduct

June 9, 2010
Michael Hoskins
The Indiana Supreme Court has set the stage for a judicial disciplinary action against a Marion County Traffic Court judge for his courtroom conduct on a speeding and suspended license case last year.
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Officer's questions went beyond seat belt act

June 9, 2010
Jennifer Nelson
The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge" in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.
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Man's suit filed after all statutes of limitations

June 9, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed a Logansport resident has standing to sue his city over the operation and management of a city park, but that his suit is barred by statutes of limitations.
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7th Circuit upholds denial of alien's motion to dismiss

June 8, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s motion to dismiss because he failed to meet any of the law’s exhaustion requirements.
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SCOTUS reverses 7th Circuit on sex offender registration

June 1, 2010
Michael Hoskins
The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.
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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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