Court opinions

Lawyer loses appeals over Indy skyline photo

July 5, 2016
Dave Stafford
An Indianapolis lawyer who defendants call a copyright troll lost his appeals against three people who successfully defended against his suits over use of one of his photos.
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Robber’s use of debit card is forgery, COA affirms

July 1, 2016
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that he couldn’t be convicted of forgery under Indiana law because using his robbery victims’ ATM cards did not qualify as “uttering a written instrument.”
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COA reverses lifetime sex offender registration, upholds ban from school property

July 1, 2016
Jennifer Nelson
The Indiana Court of Appeals agreed with a man challenging his lifetime registration as a sex offender that the law as applied to him violates the Indiana Constitution’s prohibition against ex post facto laws. But he lost a similar challenge to the unlawful-entry statute that prohibits him from entering school property.
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Stricken Indiana abortion law ‘unprecedented,’ opponents say

July 1, 2016
Dave Stafford
Indiana’s strict anti-abortion legislation that Gov. Mike Pence signed this year was “unprecedented” in scope and in its rejection of long-established federal law, said opponents who succeeded in blocking the law from taking effect.
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COA majority rules dog sniff did not prolong stop

June 30, 2016
Scott Roberts
The Indiana Court of Appeals reversed a woman’s motion to suppress evidence found at a traffic stop in a 2-1 decision after the court ruled the stop was not extended by an officer’s check of the car with his dog.
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Evidence found during arrest for public intox is admissible, COA rules

June 30, 2016
Scott Roberts
The Indiana Court of Appeals upheld a man’s misdemeanor cocaine possession conviction after it held the search an officer conducted after finding the man asleep in his car did not violate his Fourth Amendment rights and thus the trial court did not abuse its discretion by admitting the cocaine found during the search.
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Majority: 2 shoplifting charges not RICO violations

June 30, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision the state went too far when it convicted a man who committed two acts of shoplifting under the state’s Racketeer Influenced and Corrupt Organizations Act and reversed his conviction for corrupt business influence.
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COA: Failure to give breath test sample was refusal to take test

June 30, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a woman refused a chemical breath test, noting the officer giving the test followed all the proper procedures and was within his rights to determine she refused the test after she failed to give a valid sample three times.
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COA: Minors’ malpractice suit can continue

June 29, 2016
Scott Roberts
The Indiana Court of Appeals ruled a medical malpractice lawsuit filed by minor children can continue after it found the suit was not untimely filed. The children were in the correct age range to trigger an exception in the Medical Malpractice Act.
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COA: Death during robbery is felony murder

June 29, 2016
Scott Roberts
The Indiana Court of Appeals found evidence was sufficient to uphold a robber’s conviction of felony murder after one of his accomplices was killed in a fight with a robbery victim.
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7th Circuit affirms judgment for employee on ADA claim

June 29, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed judgment for an employee who claimed the city of Anderson did not accommodate his disability when it fired him for not having a commercial driver’s license he could no longer get because of his diabetes.
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COA: Testimony would have restricted jury’s ability to decide

June 28, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of voluntary manslaughter after it found the trial court did not err in restricting the testimony of an expert witness for the defense.
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COA: CVRA damages are distinct from punitive damages

June 28, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a damages award pursuant to the Crime Victim Relief Act after the court found in its second hearing of a case that CVRA damages are distinct from common law punitive damages.
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Supreme Court extends Charlie White’s suspension

June 28, 2016
Dave Stafford
Former Indiana Secretary of State Charlie White may never be allowed to practice law again, the Indiana Supreme Court suggested Tuesday in extending his suspension another two years without automatic reinstatement.
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COA: Tenant does not have obligation to indemnify landlord

June 27, 2016
Scott Roberts
The Indiana Court of Appeals ruled a tenant did not have to indemnify a landlord against a woman’s personal injury claims after she filed suit against both of them.
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COA reverses grant of woman’s unemployment benefits

June 27, 2016
Scott Roberts
The Indiana Court of Appeals reversed unemployment benefits awarded to a woman after it found she did have notice her job was in jeopardy despite various notes thanking her for her help in office matters she received from her employer.
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Vendor, Department of Revenue win partial victories on sales tax case

June 24, 2016
Scott Roberts
The Indiana Department of Revenue and a company that sold food through vending machines and its cafeteria both were victorious in Indiana Tax Court Thursday on the issue of whether all of the company’s vending machine sales and cafeteria sales are subject to sales tax and negligence penalties.
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Pence praises US Supreme Court immigration ruling

June 24, 2016
 Associated Press
Indiana Gov. Mike Pence praised a ruling by the U.S. Supreme Court striking down President Barack Obama's executive order on immigration.
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7th Circuit reversal: Conour fraud victims, not creditor, take priority

June 23, 2016
Dave Stafford
Fraud victims of disgraced former lawyer William Conour have the upper hand over his former law firm creditor who was awarded a judgment of almost $775,000, the 7th Circuit Court of Appeals ruled Thursday, reversing the District Court and signaling too much may have been awarded.
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COA: Seller not liable for undisclosed septic system

June 23, 2016
Scott Roberts
The Indiana Court of Appeals affirmed judgment against a man who claimed fraud because he was not told the property he bought was connected to a septic system.
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Murder defendant’s trial attorney ineffective, COA rules

June 23, 2016
Scott Roberts
The Indiana Court of Appeals reversed and remanded the denial of a man’s post-conviction relief petition, finding his trial counsel was ineffective and his petition was not barred by laches.
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High court limits drunken-driving test laws

June 23, 2016
 Associated Press
The U.S. Supreme Court on Thursday placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests.
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High court limits use of repeat offender law

June 23, 2016
 Associated Press
The U.S. Supreme Court is making it tougher for federal prosecutors to seek longer prison terms for people convicted of repeated violent crimes.
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7th Circuit: Women’s services ad can be posted in buses

June 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals found a women’s health organization can advertise on city buses because its ad does not violate any of the transit company’s ad policies, overturning a Northern District of Indiana decision.
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7th Circuit: Omission of fibromyalgia diagnosis reversible error

June 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled that an administrative law judge’s omission of fibromyalgia from a woman’s list of impairments was not supported by the evidence and reversed denial of her application for supplemental security income.
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  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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