Court opinions
Divided 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.
MoreSupreme Court upholds trial court’s ruling on professor’s dismissal
November 13, 2012
Marilyn OdendahlDespite a professor’s claim that he was in a joyous mood when he interacted with a colleague and his actions were harmless,
the Indiana Supreme Court upheld his dismissal from his tenured teaching position.
MoreJustices: COA overreached on reversing trial court custody ruling
November 13, 2012
Dave StaffordThe Court of Appeals got it wrong when it reversed a trial court custody modification in favor of a child’s father,
the Indiana Supreme Court ruled Tuesday in one of the first opinions joined by Justice Loretta Rush.
MoreCOA to hear challenge to sex offender monitoring program
November 12, 2012
IL StaffAn Allen County man’s argument that the state’s Sex Offender Management and Monitoring Program is unconstitutional
will be heard Tuesday by a panel of the Indiana Court of Appeals.
MoreAppeals court finds for insurer in worker’s comp case where victim’s mother died
November 9, 2012
Dave StaffordThe mother of an injured worker whose estate claims she died due to emotional distress caused by an insurer’s handling
of her son’s case cannot directly sue the insurer before exhausting the regulatory process, the Indiana Court of Appeals
ruled Friday.
MoreMan not required to register in Indiana for Illinois crime
November 8, 2012
Jennifer NelsonThe Indiana Court of Appeals ruled it’s a violation of the ex post facto provision of the state’s constitution
to require a man who committed a sex crime in Illinois, but now lives in Indiana, to register in Indiana because the laws
requiring him to register in both states were enacted after he committed the crime in Illinois.
MoreEx-employee wins appeal and prejudgment interest
November 7, 2012
Jennifer NelsonA former employee is entitled to commissions owed to him after he left a real estate company, the Indiana Court of Appeals
affirmed Wednesday. The judges also found the ex-employee is entitled to prejudgment interest.
MoreJustices reverse COA, hold state’s appeal timely
November 6, 2012
Dave StaffordThe Indiana Supreme Court on Monday reversed a divided Court of Appeals panel’s dismissal of an appeal of suppression
of evidence in a drunken-driving case.
MoreEvidence shows outrage over property tax assessment is a case of ‘buyer’s remorse’
November 6, 2012
Marilyn OdendahlA dispute over a property tax assessment of a mobile home park is a case of buyer’s remorse and not indicative of an
error by the Indiana Board of Tax Review, the Indiana Tax Court has ruled.
MoreWife’s pain from shove, poked forehead ‘bodily injury,’ justices rule
November 6, 2012
Dave StaffordThe Indiana Supreme Court late Monday reconciled conflicting interpretations of the “bodily injury” requirement
for domestic battery and other criminal offenses using that language, concluding that any such offense that causes the victim
physical pain meets the test.
MoreBoard did not abuse discretion in finding assessor’s appraisal more persuasive
November 6, 2012
Marilyn OdendahlNoting that determining the assessed value of a property is not an exact science, the Indiana Tax Court rejected a property
owner’s assertion that the county assessor’s appraisal was improperly given greater weight.
MoreJustices take 1 case, reject 20
November 5, 2012
IL StaffIndiana justices will review a case involving a search deemed illegal and a subsequent conviction for resisting law enforcement
that was reversed by the Court of Appeals.
MoreAppeals court: Felon waived speedy trial, judge challenges
November 2, 2012
Dave StaffordA man convicted of multiple felonies lost his appeal when the court determined he had not objected to matters raised in the
appeal during his jury trial or sentencing.
MoreWoman did not exhaust administrative remedies before suing
November 1, 2012
Jennifer NelsonThe Indiana Court of Appeals agreed with a Marion Superior judge that the courts do not have jurisdiction over a woman’s
lawsuit concerning the disconnection of her water because the woman did not exhaust all her available administrative remedies
before suing.
MorePCF may not present evidence to dispute injury
November 1, 2012
Jennifer NelsonThe Indiana Supreme Court ruled Wednesday that in a case involving a boy diagnosed with a mild form of cerebral palsy, the
Indiana Patient’s Compensation Fund may not present evidence to dispute the existence or cause of the boy’s injury
while defending his petition for excess damages from the fund.
MorePolice had reasonable suspicion to stop men, search bag
October 31, 2012
Jennifer NelsonThe Indiana Court of Appeals disagreed with an appellant who claimed police did not have reasonable suspicion to believe he
and two other men were involved in criminal activity, which led to their stop and his eventual conviction of Class A felony
attempted dealing in methamphetamine.
MoreMan can’t challenge sentence as illegal
October 31, 2012
Jennifer NelsonBecause a defendant entered into a beneficial plea agreement, the Indiana Court of Appeals denied his request for post-conviction
relief. The man argued that a Supreme Court decision handed down while he was appealing should require that his sentence be
reduced.
MoreCourt affirms man’s sentence for murdering wife
October 31, 2012
Jennifer NelsonA Lawrence County man was unable to convince the Indiana Court of Appeals that his 65-year sentence for the murder of his
wife in 2009 should be reduced to the advisory sentence of 55 years.
MoreJustices vacate transfer in business dispute
October 31, 2012
IL StaffAfter hearing arguments Oct. 24 in a dispute between former shareholders of a company and the new owners over what assets
the new owners should receive, the Indiana Supreme Court decided that the Court of Appeals decision should stand.
MoreCommon carrier entitled to more tax exemptions
October 31, 2012
Jennifer NelsonA Wabash-based company that relocates oversized factory machinery won a partial victory in the Indiana Tax Court Tuesday.
Judge Martha Wentworth ordered the Indiana State Department of Revenue to reassess the company’s tax obligations after
finding some property should be considered exempt.
MoreJustices order retrial due to deficient jury instruction
October 30, 2012
Jennifer NelsonThe Indiana Supreme Court found that a final jury instruction in a woman’s trial for receiving stolen property did not
correctly state the law, and it remanded for a new trial.
MoreCourt splits over whether approval of entire contract must be voided
October 30, 2012
Jennifer NelsonChief Judge Margret Robb dissented from her colleagues on the Court of Appeals Tuesday as to whether approval of a contract
for the purchase and sale of substitute natural gas must be voided in its entirety because the contract definition of “retail
end use customer” differs from the statutory definition.
MoreAgency erred in adjusting experience account rates after merger
October 30, 2012
Jennifer NelsonThe Indiana Court of Appeals has ordered the Department of Workforce Development to reinstate the original contribution rates
for unemployment insurance experience accounts of a parent company and its subsidiaries. The DWD should not have combined
the accounts and adjusted the rates following a merger.
MoreCOA affirms $550,000 med mal verdict; denies appellate attorney fees
October 30, 2012
Jennifer NelsonA Lake Superior judge did not err when he allowed a witness to testify on behalf of the party bringing a medical malpractice
complaint against a doctor nor in excluding the testimony of the doctor’s expert witness due to untimely disclosure,
the Indiana Court of Appeals held Tuesday.
MoreJudges affirm decision in familial dispute over insurance funds
October 30, 2012
Jennifer NelsonWhen Nathaniel Kappel died, it led to a dispute in the family as to who is entitled to insurance payouts on policies that
Nathaniel Kappel and his brother William took out on each other in 1996. The Court of Appeals agreed with the probate court
that Nathaniel Kappel’s estate is not entitled to funds from either man’s policy.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
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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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
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.