Court opinions

Judges disagree over enhanced sentence for child molesting conviction

September 18, 2014
Jennifer Nelson
The Indiana Court of Appeals was divided Thursday over whether a Johnson County man convicted of having sex with a 13-year-old girl deserved to have his sentence enhanced above the 30-year advisory sentence.
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Judge rules for revenue department on man’s claim for sanctions

September 18, 2014
Jennifer Nelson
A man who argued that the Indiana Department of State Revenue should be sanctioned for allegedly producing his ex-wife’s transmittal envelope for her tax return and passing it off as his own lost his case before the Indiana Tax Court Thursday.
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COA: Attorney’s calendar mistake doesn’t support relief from judgment

September 18, 2014
Jennifer Nelson
The Indiana Court of Appeals disagreed with a woman’s argument that because she was twice granted extension of time to respond to a summary judgment motion involving her credit card debt, the trial court’s discretion to consider a belated response was preserved.
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Justices reverse grant of post-conviction relief

September 18, 2014
Jennifer Nelson
The Indiana Supreme Court on Wednesday rejected a defendant’s claim that his attorneys were ineffective for not arguing that, based on a Supreme Court case, his conviction for Class B felony criminal confinement should be reversed or reduced. But the man inappropriately relies on the case, and what he claims his attorneys should have argued is not the law.
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COA denies State Farm’s request for new trial on $14.5M defamation verdict

September 16, 2014
Jennifer Nelson
The $14.5 million defamation verdict awarded against State Farm Fire & Casualty Co. in favor of a contractor who accused the insurer of defaming him remains in place after the Indiana Court of Appeals rejected the company’s claim that fraud requires a new trial.
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State’s inaction does not allow man to appeal sentence

September 16, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that he should be given an opportunity to appeal his sentence, an option he waived by entering into a plea agreement, even though the trial court erroneously indicated he had a right to appeal and the state did not object to that advisement.
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Court must give man time to object to ex-wife’s motion

September 16, 2014
Jennifer Nelson
A Marion Superior Court erred when it granted a woman’s motion to vacate a hearing on contempt charges against her without giving her ex-husband 15 days to file a response, as permitted under local rules, the Indiana Court of Appeals ruled Tuesday.
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7th Circuit stays same-sex marriage decisions

September 15, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals has granted the motion for a stay of mandate filed by the defendants in Indiana’s same-sex marriage lawsuits.
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Felony murder convictions upheld in Elkhart home invasion, but sentences amended

September 12, 2014
Jennifer Nelson
The appeals of three teens involved in a daytime home invasion that turned fatal gave the Court of Appeals a chance to examine the felony murder statute and its application for juveniles.
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COA affirms stripping ‘helicopter mom’ of custody of teen son

September 12, 2014
Jennifer Nelson
The decision to modify custody to give a father sole legal and physical custody of his 15-year-old son was not clearly erroneous, the Indiana Court of Appeals ruled. In affirming the decision, the judges noted that the mother is overbearing and has forced the teen to participate in activities he has little interest in.
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Father granted custody after mother seeks relocation

September 12, 2014
Jennifer Nelson
Moving from Floyd County to Scott County so a woman could be closer to her work and live with her boyfriend is not in the best interests of her two young children, the Court of Appeals ruled Friday. The judges affirmed the grant of father’s request to modify custody and child support.
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Omitted information in notice does not bar entry of summary judgment

September 11, 2014
Jennifer Nelson
Failure in a notice of dissolution to describe information that must be included in a claim filed against the company does not make the notice invalid, the Indiana Court of Appeals ruled Thursday. Since the notice was valid, a convenience store owner’s lawsuit is time-barred. 
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Energy company waited too long to intervene in sale of oil and gas lease

September 11, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals ruled against an appeal in a protracted case involving the sale of oil and gas leases in efforts to recoup money for victims defrauded by First Choice Management Services. The judges held the company seeking to intervene failed to do so in a timely manner.
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Judges affirm convictions in fatal home invasion

September 11, 2014
Jennifer Nelson
The state presented sufficient evidence to support a man’s conviction of robbery, which was based on a theory of accomplice liability, the Court of Appeals ruled. The charge stems from a home invasion in St. Joseph County during a family gathering.
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Court declines to review drug sentence based on new criminal code

September 11, 2014
Jennifer Nelson
A man who pleaded guilty earlier this year to dealing in oxycodone couldn’t convince the Indiana Court of Appeals that his sentence should be reconsidered based on the revised criminal code that took effect July 1.
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Court must hold hearing on injunction involving medical practice

September 10, 2014
Jennifer Nelson
A trial court’s assessment of the public interest regarding whether a doctor is prohibited under a noncompete agreement to practice within 25 miles of his former office in Rensselaer was contrary to law, the Indiana Court of Appeals held Wednesday. The judges reversed the denial of a motion for a preliminary injunction preventing the doctor from opening a new practice next door to his previous one.
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COA orders judgment in favor of Lapel in annexation lawsuit

September 10, 2014
Jennifer Nelson
The city of Anderson does not meet the requirements to bring a declaratory judgment action to challenge the town of Lapel’s annexation of land in Madison County that Anderson once considered annexing.
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Supreme Court provides clarity to maintenance agreement modification

September 10, 2014
Jennifer Nelson
If divorcing parties want to make judicial modification available for the maintenance agreements, they must say so in their contract, the Indiana Supreme Court pointed out Tuesday. Because a divorced couple’s maintenance agreement allowed for court intervention, the justices ordered the trial court to consider the wife’s request for modification.
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Defendant cleared 'low bar' to require reversal of summary judgment

September 10, 2014
Jennifer Nelson
The Indiana Supreme Court reversed summary judgment in favor of the state on its motion for forfeiture of cash found on a man accused of dealing cocaine. The justices found the man’s “self-serving” affidavit specifically controverted the state’s prima facie case that the cash was connected to drug crimes.
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Tax Court denies rehearing in charitable purposes exemption case

September 10, 2014
Jennifer Nelson
Tax Judge Martha Wentworth affirmed that a housing company in Bartholomew County failed to show that its rental properties qualified for a charitable purposes exemption for the 2006 tax year. The judge denied granting Housing Partnerships Inc.’s request for a rehearing.
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7th Circuit: Marriage law is unconstitutional

September 10, 2014
Marilyn Odendahl
Indiana’s assertion that preventing same-sex marriage encourages responsible procreation among heterosexuals was unequivocally rejected Sept. 4 in a blistering opinion from the 7th Circuit Court of Appeals, which said the state’s argument could not be taken seriously.
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Appeals court reverses suppression of polygraph in molestation case

September 9, 2014
Dave Stafford
A panel of the Indiana Court of Appeals Tuesday reversed a trial court order suppressing results of a polygraph test against a man who later was charged with child molestation.
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Award of attorney fees reversed in child-support dispute

September 9, 2014
Dave Stafford
The ex-wife in a child-support dispute was improperly awarded a portion of her attorney fees after the trial court rejected her ex-husband’s petition to modify child support.
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Denial of mortgage lender’s license is within state’s authority, COA rules

September 8, 2014
Marilyn Odendahl
The Indiana Court of Appeals found the Indiana Department of Financial Institutions had the authority to deny a mortgage lender originator’s license to an applicant who has a criminal record. 
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Appeals court reverses summary judgment in freezing-fog fall

September 8, 2014
Dave Stafford
A medical worker who sued her employer after slipping and falling in a parking lot made slick by freezing fog may proceed with her lawsuit, a divided Court of Appeals panel ruled, reversing summary judgment in favor of a Richmond hospital.
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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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