Court opinions
COA divided over dismissing fired HR director’s complaint
November 28, 2012
Jennifer NelsonThe Indiana Court of Appeals was split over whether Delaware County commissioners could terminate the contract of the Board
of Commissioners’ human resources director after two new members were elected to the board.
MoreJudges uphold 10-year suspension of driver’s license
November 28, 2012
Jennifer NelsonA Porter County man who fought the Bureau of Motor Vehicles' decision to suspend his license for being a habitual traffic
violator lost his case before the Indiana Court of Appeals.
MoreCOA rules in favor of remodeler on unhappy client’s claim
November 27, 2012
Jennifer NelsonFinding the Clark Circuit Court erred in considering parol evidence when denying a remodeler’s motion for summary judgment,
the Indiana Court of Appeals found the lower court should grant his motion on a lawsuit brought by a client for negligently
performing work on her home.
MoreJustices hear arguments in Ball State case
November 26, 2012
Jennifer NelsonIn a case that hinges on the definition of “supervisor,” the United States Supreme Court heard arguments Monday
morning in a lawsuit filed by a Ball State University employee.
MoreCourt affirms man’s conviction of murder, feticide enhancement
November 21, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant’s claim that the state should have to prove that he knew his estranged
wife was pregnant when he killed her in order to seek a sentence enhancement under the Indiana feticide enhancement statute.
MoreCourt correctly dismissed man’s motion to correct sentence
November 21, 2012
Jennifer NelsonThe Indiana Court of Appeals found the Clay Superior Court was right in dismissing a man’s pro se motion to correct
his sentence stemming from drug convictions in 1994.
MoreCOA orders man removed from Ind. sex offender registry
November 21, 2012
Jennifer NelsonNearly three months after hearing arguments on Thomas H. Andrews’ request that he should not have to register in Indiana for a conviction in Massachusetts in 1984, the Indiana Court of Appeals has ordered that he be removed from Indiana's sex-offender registry.
State urges justices to draw ‘bright line’ on school choice vouchers
November 21, 2012
Dave StaffordIndiana Solicitor General Thomas Fisher on Wednesday urged the Indiana Supreme Court to uphold the state’s school choice
voucher program, arguing that it did not constitute an unconstitutional government support of religion.
MoreTrial court properly retained 1 juror, dismissed other
November 21, 2012
Jennifer NelsonA defendant who argued that a Marion Superior Court should have dismissed a juror after she stood near the defendant and his
attorney briefly during a recess, but should not have replaced the juror who claimed she wasn’t comfortable rendering
a decision, lost before the Court of Appeals Wednesday.
MoreOrder compelling Star to name online commenter stayed after arguments
November 20, 2012
Dave StaffordThe Indianapolis Star won’t have to divulge the identity of an online commenter pending further order of the
Indiana Court of Appeals, which heard arguments in a defamation case on Tuesday.
MoreCOA finds trial court’s error in sentencing was harmless
November 20, 2012
Marilyn OdendahlA trial court’s error in considering an arrest record as evidence of criminal history was harmless, the Indiana Court
of Appeals ruled, because the aggravators and mitigators would have led the lower court to impose the same sentence.
MoreMan loses appeal of suit against sheriff, jail medical staff
November 20, 2012
Jennifer NelsonA man who was held in Delaware County jail for nine days before he was released because no charges were filed sued the county
sheriff and jail medical staff alleging indifference to his serious medical condition. The 7th Circuit Court of Appeals upheld
the grant of summary judgment in favor of the defendants.
MoreAppellate panel affirms foreclosure, cites lack of meritorious defense
November 20, 2012
Dave StaffordAn Allen County plaintiff whose home was foreclosed lost her appeal Tuesday when a panel of the Indiana Court of Appeals held
that she had not demonstrated a meritorious defense.
MoreFormer officer’s convictions of bribery, attempted extortion affirmed
November 20, 2012
Jennifer NelsonThe sentence of the Indianapolis Metropolitan Police Department major and city-county counselor convicted last year for attempted
extortion and bribery for his role in trying to get zoning approval for a proposed strip club has been upheld by the 7th Circuit
Court of Appeals. Lincoln Plowman claimed that he should have been allowed to argue entrapment to the jury, which the District
Court precluded.
MoreCOA reverses order requiring victim to pay attorney fees
November 20, 2012
Dave StaffordA man who claims he was struck by a vodka bottle that resulted in 18 stitches won’t have to pay attorney fees to a woman
against whom he had been awarded a protective order, the Court of Appeals ruled Tuesday, reversing a lower court order.
MoreTrial that OK’d Jasper energy plant conversion error-filled
November 19, 2012
Dave StaffordA judge who ruled against opponents of the conversion of a former coal-fired energy plant in Jasper abused her discretion
on a series of matters, the Indiana Court of Appeals held Monday in reversing a bench trial that found for the city.
MoreLegislature intended to make failure to report child abuse a continuing offense
November 16, 2012
Marilyn OdendahlA high school coach’s failure to report child abuse is a continuing offense to which the statute of limitations does
not apply, the Indiana Court of Appeals ruled.
MoreCOA finds trust that bought foreclosed home gained insurance equity
November 16, 2012
Dave StaffordAn estate that purchased a foreclosed house at a sheriff’s sale established an equitable lien through which it was entitled
to collect proceeds in the event of an insured loss, the Indiana Court of Appeals ruled Friday.
MoreKohl’s loses appeal vs. developer, county over Evansville store
November 16, 2012
Dave StaffordA department store chain failed to persuade the Indiana Court of Appeals to reverse a trial court’s dismissal of a lawsuit
it filed against a developer and two public Vanderburgh County entities.
MoreOff-duty police officer’s stop and frisk violated Fourth Amendment
November 15, 2012
Marilyn OdendahlThe stop, search and subsequent discovery of drugs violated the Fourth Amendment’s protection against unreasonable searches
even though the police officer was off duty at the time of the incident, the Indiana Court of Appeals has ruled.
MoreCourt affirms termination of parental rights for drug-using mom, dad
November 15, 2012
Dave StaffordA mother who used methamphetamine while pregnant and continued to abuse drugs after her children were judged in need of services
was properly denied parental rights, as was the children’s often-absent father, the Indiana Court of Appeals ruled Thursday.
MoreAppeals court rules wrong state law applied in truck crash, but result is same
November 15, 2012
Dave StaffordA trial court erroneously applied Georgia law in a lawsuit brought by a truck driver injured in a collision in West Virginia,
but correctly applied Indiana law yielded the same result, the Indiana Court of Appeals ruled Thursday.
MoreOwners of foul-smelling washing machines granted class certification by 7th Circuit
November 14, 2012
Marilyn OdendahlThe 7th Circuit Court of Appeals in Chicago has granted class certification to owners of odor-emitting Kenmore washers, allowing
their lawsuit against Sears, Roebuck and Co. to go forward.
MoreCOA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing
November 14, 2012
Marilyn OdendahlA convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the
testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s
contention as “pure conjecture supported by nothing in the record.”
MoreDivided COA allows suit after wage claim fails at Department of Labor
November 14, 2012
Dave StaffordA worker who left employment at a Columbus construction company may pursue his wage claim in court after his complaint had
been assigned to the Indiana Department of Labor, a divided panel of the Indiana Court of Appeals ruled.
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Indianapolis law firm Stewart & Irwin closing
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SCOTUS rules against Indiana farmer in seed patent case
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More than half of Conour’s inventoried assets gone, feds say
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Social media sleuths find evidence, but admissibility requires authentication
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Mediation space key to resolution, even if it’s a getaway divorce
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...