Court opinions
Electric cooperative owed no duty to injured contractor
April 10, 2013
Jennifer NelsonAn independent contractor injured at a generating station owned by Bloomington-based Hoosier Energy Rural Electric Cooperative
was unable to prove to the Indiana Court of Appeals that the electric cooperative was negligent regarding his injury.
More7th Circuit: Federal courts or juries can’t decide religious questions
April 10, 2013
Jennifer NelsonTaking up three appeals stemming from a lawsuit filed surrounding control of religious documents and artifacts from the appearance
of the Virgin Mary, the 7th Circuit Court of Appeals found that a federal judge erred in ruling that it should be up to a
jury to decide whether a party to the lawsuit is still a religious sister.
MoreCOA affirms father’s convictions stemming from daughter’s injuries
April 10, 2013
Jennifer NelsonThe Indiana Court of Appeals rejected a St. Joseph County man’s claims that the trial court abused its discretion regarding
the admission and exclusion of certain evidence at his jury trial for charges related to injuries to his infant daughter.
MoreVouchers validated, program scope at issue
April 10, 2013
Dave StaffordThe recent Indiana Supreme Court ruling affirming school choice renews Statehouse fight over vouchers.
MoreCOA rules trial court cannot exceed scope of plea agreement
April 9, 2013
Marilyn OdendahlA man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention
of restitution, he will not have to pay.
More7th Circuit upholds precedent but asks for further guidance from U.S. Sentencing Commission
April 9, 2013
Marilyn OdendahlAlthough a gun buyer had his sentence affirmed, his argument for reduced time has caused the 7th Circuit Court of Appeals
to call upon the Sentencing Commission to clarify a section of the U.S. Sentencing Guidelines.
MoreDisfigurement sufficient to affirm aggravated battery conviction
April 9, 2013
Dave StaffordThe Indiana Court of Appeals on Tuesday affirmed a Marion Superior Court conviction in a 2012 stabbing and the 20-year sentence
enhancement the perpetrator received.
More7th Circuit revives suit for woman with MS fired from city job
April 9, 2013
Dave StaffordAn Indianapolis woman who worked in the city’s Department of Metropolitan Development and was diagnosed with multiple
sclerosis may pursue her discrimination and retaliation claims under the Americans with Disabilities Act.
MoreMalpractice ruling for hospital remanded to trial court
April 9, 2013
Dave StaffordThe apparent agency of Ball Memorial Health Clinic as it pertains to the alleged malpractice of an affiliated doctor and nurse
practitioner is a fact question the Indiana Court of Appeals sent back to the trial court, which had granted the hospital
summary judgment on the issue.
More7th Circuit affirms for employer in rental equipment fatality
April 9, 2013
Dave StaffordAn employer bears no liability in a lawsuit brought by the estate of a man who died operating a rented 40-foot boom lift,
the 7th Circuit Court of Appeals ruled Monday.
MoreMexican restaurant owner's $3 million bond reversed, remanded
April 8, 2013
Dave StaffordThe owner of a chain of Mexican restaurants in southeast Indiana charged with numerous crimes will have a lower bond after
the Indiana Court of Appeals ruled a trial court abused its discretion in denying his motion to reduce his $3 million bond.
MoreTaking unauthorized courses online gets displaced worker booted from TAA program
April 8, 2013
Marilyn OdendahlA displaced worker’s enrollment in online classes without permission is grounds for dismissal from the Trade Adjustment
Assistance training program, the Indiana Court of Appeals has ruled.
MoreAppeals court rehearing affirms serious violent felon conviction
April 8, 2013
Dave StaffordAn Indiana Supreme Court ruling that a conviction of possession of a firearm by a serious violent felon cannot have a sentence
enhanced under the habitual offender statute does not apply when the enhancement came for a separate conviction, the Indiana
Court of Appeals held Monday.
MoreEndorsement clause makes insurance policy ambiguous
April 8, 2013
Marilyn OdendahlDescribing an insurance company’s policy as “inherently ambiguous,” the Indiana Court of Appeals has reserved
the summary judgment granted by the trial court.
MoreCOA affirms car forfeiture when owner arrested for iPhone theft
April 8, 2013
Dave StaffordA Wal-Mart worker who tried to steal four iPhones from the store at the end of her workday has no protection from forfeiture
laws that allowed the state to take her car, the Indiana Court of Appeals ruled Monday.
MoreToxicology lab witness’s failure to appear dooms drunken-driving conviction
April 8, 2013
Dave StaffordA Tennessee man’s drunken-driving conviction in Shelby Superior Court was tossed because his trial took place more than
a year after his arrest, largely due to a toxicology lab worker’s failure to appear for scheduled depositions, the Indiana
Court of Appeals ruled Monday.
MoreJustices affirm denial of killer’s post-conviction relief
April 5, 2013
Dave StaffordA man originally sentenced to die for the 2006 murders of a mother and her 8- and 13-year-old daughters will continue to serve
his converted sentence of life without parole after the Indiana Supreme Court on Thursday afternoon affirmed a trial court’s
denial of post-conviction relief.
MoreCourt reverses several theft convictions under single larceny rule
April 4, 2013
Jennifer NelsonAn Orange County man who stole items from a deceased man’s home and sold them had multiple convictions overturned by
the Indiana Court of Appeals, including several theft convictions and failure to report a dead body.
MoreCOA affirms dismissal for lack of personal jurisdiction
April 4, 2013
Jennifer NelsonThe Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort
Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business
from a lawsuit filed here.
MoreTrial court improperly suspended driving privileges for life
April 4, 2013
Jennifer NelsonA Marion Superior Court exceeded statutory authority when it suspended a man’s driving privileges for life, the Indiana
Court of Appeals has held. At the time Thomas Porter was arrested and charged, his driving privileges were suspended for life,
but that was no longer the case when he was sentenced.
MoreBroken gun still a firearm for felon-conviction purposes
April 4, 2013
Dave StaffordA gun that can no longer shoot is still a gun for purposes of federal firearms convictions, the 7th Circuit Court of Appeals
ruled Thursday.
MorePresence of alternate juror in deliberation room not reversible error
April 4, 2013
Dave StaffordA man’s conviction of methamphetamine and firearms crimes in the U.S. District Court for the Southern District of Indiana
was not prejudiced by the presence of an alternate juror in the deliberation room, the 7th Circuit Court of Appeals ruled
Thursday.
More7th Circuit affirms defense verdict in motorcycle crash
April 4, 2013
Dave StaffordA woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence
was improperly admitted, including her statements that the crash was her fault.
MoreJudges rule on contractor dispute over new FBI headquarters
April 4, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration
regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist
upon arbitration.
MoreLake County murder conviction affirmed
April 4, 2013
Jennifer NelsonA Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction
regarding the presumption of innocence, the Indiana Court of Appeals held.
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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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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...
Yikes!