Court opinions

Public intoxication statute constitutional, but ‘annoying’ man’s conviction vacated

December 18, 2014
Jennifer Nelson
The Indiana Supreme Court vacated a man’s public intoxication conviction after finding his agitation does not rise to the level that would annoy a reasonable person. But the justices did find that the statute is not unconstitutionally vague.
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Justices find detective’s inadmissible hearsay is harmless error

December 17, 2014
Jennifer Nelson
The Indiana Supreme Court reinstated a man’s conviction of being a serious violent felon in possession of a firearm after finding that a detective’s inadmissible hearsay amounts to a harmless error.
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Malicious prosecution suit against Kentucky man and his lawyer may proceed

December 17, 2014
Jennifer Nelson
The former employers of a man who sued them for discrimination and later dismissed his claims may proceed with their lawsuit alleging malicious prosecution and other claims against that man and his attorney, the Court of Appeals ruled Wednesday.
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COA orders trial court to rule on motion to set aside tax deed

December 17, 2014
Jennifer Nelson
Because a man’s appeal of the issuance of a tax deed was improperly before the Indiana Court of Appeals, the court dismissed the appeal without prejudice and told the trial court to rule on his motion to set aside.
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Man’s 76-year sentence for kidnapping driver affirmed

December 17, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected all of a man’s arguments on appeal as to why his convictions and sentence should be overturned for his kidnapping and robbery of a delivery driver.
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Despite jury instruction error, man’s battery conviction upheld

December 17, 2014
Jennifer Nelson
Although the trial court erred in giving one jury instruction on self defense that only applies when deadly force is involved, the Indiana Court of Appeals affirmed an inmate’s Class A misdemeanor battery conviction because he otherwise couldn’t prove his self-defense claim.
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COA upholds most of man’s spice convictions

December 17, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday affirmed all but one of a man’s drug convictions related to his selling of the drug commonly referred to as “spice” in his smoke shop. The judges also chastised the deputy attorney general who handled the case for again submitting a “foul” smelling record.
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Judge holds 2013 abortion law violates Equal Protection Clause

December 17, 2014
Marilyn Odendahl
A ruling in federal court has essentially struck down Indiana’s restrictions on drug-induced abortions, but the argument that the law places an undue burden on women caused the court to refrain from making a final judgment.
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Medical Malpractice Act does not apply to third party, COA rules

December 16, 2014
Marilyn Odendahl
A worker injured on the job by the actions of a co-worker who was taking prescribed narcotic pain killers is not subject to the limitations of Indiana’s Medical Malpractice Act.
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Appeals court remands divorce distribution for IRA recalculation

December 16, 2014
Dave Stafford
The value of an Individual Retirement Account was miscalculated by a trial court, but the Indiana Court of Appeals otherwise affirmed the distribution of a marital estate in a divorce case.
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Trial court must review treatment plan for mental patient, COA rules

December 16, 2014
Marilyn Odendahl
A man who challenged his ongoing commitment to a mental health facility got a partial victory in that the trial court has been ordered to review his medication to determine if it is substantially benefiting him.
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Divided appeals panel affirms judgment over time-limit objection

December 16, 2014
Dave Stafford
A divided Court of Appeals Tuesday affirmed a trial court judgment for $175,000 in favor of a consultant who co-signed a mortgage in exchange for shares in a company and half-ownership in the real estate.
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Appeals court affirms contempt over parenting-time violation

December 16, 2014
Dave Stafford
A mother who was found in contempt of court for failing to abide by court-ordered parenting time provisions got no relief Tuesday from the Indiana Court of Appeals.
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COA decision in dueling-precedent case affirmed by Supreme Court

December 16, 2014
Marilyn Odendahl
Reviewing a conflict in precedent in state caselaw regarding child support, the Indiana Supreme Court upheld the resolution reached by the Indiana Court of Appeals.
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Divided appeals panel reverses judgment against Thomson

December 16, 2014
Dave Stafford
A trial court improperly ruled in favor of an insurer on Thomson Inc.’s claims for the cleanup of toxic chemicals at two consumer electronics manufacturing sites.
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Father can’t challenge paternity 15 years after child’s birth

December 16, 2014
Jennifer Nelson
The trial court properly denied a man’s petition to rescind or vacate the paternity affidavit he signed when he was 17 years old, the Indiana Court of Appeals held Tuesday. The appeals court declined to reweigh the evidence regarding his and the child mother’s credibility.
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Judges toss ‘illegible’ federal lawsuits

December 16, 2014
Dave Stafford
Federal judges in Indianapolis last week wasted no time tossing two lawsuits from an abusive serial filer whose hand-scrawled complaints couldn’t be deciphered.
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SCOTUS affirms search based on misunderstanding of law

December 15, 2014
 Associated Press
Police can use evidence seized during a traffic stop even if it turns out the officers initially pulled a car over based on a misunderstanding of the law, the Supreme Court of the United States ruled Monday.
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COA upholds reversal of award for attorney fees

December 15, 2014
Marilyn Odendahl
Subcontractors successful in their dispute against the general contractor over the construction of a northern Indiana IMAX movie theater are not entitled to attorney fees, the Indiana Court of Appeals has reaffirmed.
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JQC asks justices to suspend Muncie City Court judge

December 15, 2014
Dave Stafford
A Muncie City Court judge hit with a disciplinary proceeding last week should be suspended from the bench, the Judicial Qualifications Commission argued in a petition submitted to the Indiana Supreme Court Monday.
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Dissenting judge: Man justified in beating would-be thief

December 12, 2014
Dave Stafford
A man who caught a trespasser trying to steal a license plate shouldn’t have been convicted of battery for whacking the intruder with a broom handle and then landing a few haymakers, a dissenting judge held Friday.
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Appeals court affirms partial judgment in insurance dispute

December 12, 2014
Dave Stafford
A Marion Superior Court’s ruling granting partial summary judgment in a dispute between insurance companies was affirmed Friday by the Indiana Court of Appeals.
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Rooker-Feldman doctrine bars man’s lawsuit alleging false statements

December 11, 2014
Jennifer Nelson
A man challenging a garnishment order entered in state court should have challenged the order in that court system instead of filing a federal lawsuit, the 7th Circuit Court of Appeals ruled Thursday. The judges affirmed the dismissal of his suit based on the Rooker-Feldman doctrine.
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Public voyeurism statute not unconstitutionally vague as applied, COA rules

December 11, 2014
Jennifer Nelson
A man who argued he lacked sufficient notice that the public voyeurism law prohibits his conduct because he filmed girls wearing bathing suits or a skort lost his case before the Indiana Court of Appeals Thursday.
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Complaint properly dismissed for failure to comply with Trial Rule 3

December 11, 2014
Jennifer Nelson
Because the people suing a driver who allegedly caused a car accident sent their summons to the county clerk after the two-year statute of limitations expired, the trial court correctly granted the defendant’s motion to dismiss, the Indiana Court of Appeals ruled.
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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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