Court opinions

Merrillville attorney disbarred for stealing funds

June 24, 2015
Jennifer Nelson
A northern Indiana attorney who stole trust account funds belonging to his former law partner and that partner’s clients, and embezzled hundreds of thousands of dollars from a receivership, has been disbarred by the Indiana Supreme Court.
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ITCA does not apply to lawsuit challenging local firearm law

June 24, 2015
Jennifer Nelson
An Evansville man suing the city for enforcing a local law prohibiting firearms in public parks is not effectively bringing a tort claim, as the city argued in its motion on the pleadings. The Court of Appeals affirmed denial of the city’s motion, finding the claim is being brought pursuant to I.C. 35-47-11.1-5, which creates a private right of action for individuals to enforce that statute’s provisions.
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Inmate not disadvantaged by appearing at trial by video

June 23, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed Monday that a New Jersey inmate who filed a retaliation lawsuit against officials at an Indiana prison while he was housed there was not disadvantaged when the judge denied his request to be transported to Indiana for the trial. The judge instead ordered he appear by video conferencing.
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Post-conviction relief unavailable for traffic infractions

June 22, 2015
Jennifer Nelson
A man ticketed for a traffic violation and speeding is not entitled to post-conviction relief or relief from judgment, the Indiana Court of Appeals ruled Monday. Post-conviction relief is only available when someone has committed a crime.
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Teen’s arrest did not violate 4th Amendment

June 22, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.
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Record supports capping trustee fees at 1.5 percent

June 19, 2015
Jennifer Nelson
A trial court did not err when it concluded that a community foundation which took over acting as trustee of a charitable trust will have its fees capped at 1.5 percent of the trust’s annual assets, the Indiana Court of Appeals ruled Friday.
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COA orders corrected notification sent to BMV, suggests form update

June 19, 2015
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.
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Homeowners association loses appeal of assessments

June 19, 2015
Jennifer Nelson
Finding that an Indianapolis homeowners association did not make any cognizable claims using the Form 133 appeal procedure to appeal assessments on its common area land, the Indiana Tax Court affirmed the dismissal of its petitions to correct error.
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No error in granting variance for pet boarding facility

June 18, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the decision to grant a variance to a company seeking to build an upscale dog and cat boarding and day-care facility on the northwest side of Indianapolis. A hotel located next to the property objected, fearing noise from the animals would deter business.
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Inmate’s failure to comply with ITCA dooms lawsuit

June 18, 2015
Jennifer Nelson
A Department of Correction inmate who sued several government employees after he was injured when he fell out of a pickup truck lost his appeal before the Indiana Court of Appeals Thursday.
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Justices rule for small Arizona church in sign law dispute

June 18, 2015
 Associated Press
The Supreme Court of the United States ruled Thursday for an Arizona church in a dispute over a town's sign law in a decision that three justices said could threaten municipal sign regulations across the country.
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Confederate flag license plate bid spurned by top US court

June 18, 2015
 Bloomberg News
Texas acted legally when it refused to issue a license plate depicting the Confederate battle flag, the Supreme Court of the United States ruled in a decision that means dozens of states won’t have to open up their specialty-tag programs.
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Justices reverse life sentence based on error by judge

June 17, 2015
Jennifer Nelson
The Indiana Supreme Court upheld a Gary man’s convictions related to the death of a woman he met at a bar, but it reversed the sentence of life without possibility of parole because the trial court’s sentencing order lacked a personal statement from the judge that the sentence is the appropriate one for the defendant.
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Court split over whether man must remain on sex offender registry

June 17, 2015
Jennifer Nelson
An Indiana man who committed Class A felony child molesting in 1988 will remain on the Indiana Sex Offender Registry, a divided Court of Appeals held Wednesday.
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State failed to show defendant conspired to rob gas station

June 17, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s conviction of conspiracy to commit robbery while armed with a deadly weapon because the state did not present evidence that the defendant and another man conspired ahead of time to rob a Lawrenceburg gas station.
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Former St. Joseph County couple may divorce in Hamilton County

June 16, 2015
Dave Stafford
A couple married 45 years who lived in St. Joseph County until the husband moved several months ago may divorce in Hamilton County, where he moved, the Indiana Court of Appeals ruled Tuesday.
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Justices take dispute over county road

June 15, 2015
Dave Stafford
The Indiana Supreme Court granted transfer to a not-for-publication Court of Appeals decision over whether a gravel drive to a landlocked 40 rural acres in Jackson County is a public road by use.
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7th Circuit revives Anderson transit worker’s ADA claim

June 15, 2015
Dave Stafford
A mechanic's helper with the City of Anderson Transit System won the right to pursue his claims that his firing violated his rights under the Americans with Disabilities Act.
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SCOTUS: Immigration deadlines can be extended

June 15, 2015
 Associated Press
The Supreme Court of the United States ruled Monday that federal appeals courts have authority to decide whether people facing deportation should be able to extend the deadlines in immigration proceedings.
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Court rules spouse can’t protest husband’s visa denial

June 15, 2015
 Associated Press
A California woman can’t challenge the government’s decision to deny a visa to her spouse from Afghanistan, the Supreme Court of the United States ruled Monday.
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Bisard exhausts appeals as justices deny transfer

June 15, 2015
 Associated Press, IL Staff
The Indiana Supreme Court won’t hear an appeal from former Indianapolis Metropolitan Police Department Officer David Bisard, who was convicted of killing one motorcyclist and seriously injuring two others while driving drunk in his police cruiser.
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Appeals court sets aside conviction of bin Laden assistant

June 12, 2015
 Associated Press
A federal appeals court on Friday set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden's personal assistant and public relations secretary.
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Reversal: IDACS error no basis to suppress meth evidence

June 12, 2015
Dave Stafford
Southern Indiana authorities who arrested a man for buying pseudoephedrine had probable cause even though the suspect had not been convicted of a prior methamphetamine charge, as a state database reported.
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Back pain, fear for son no basis for unemployment benefits

June 12, 2015
Dave Stafford
An employee who voluntarily left employment was not wrongly denied unemployment benefits by the Indiana Department of Workforce Development, the Indiana Court of Appeals ruled Friday.
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Justices strip adoption, reinstate statute COA struck down

June 12, 2015
Dave Stafford
An adoptive maternal grandmother who the Court of Appeals ruled provided care in her grandchildren's best interests despite a 1997 neglect conviction is legally barred from adopting them, the Indiana Supreme Court ruled. Justices also rebuked a COA determination that the statute was unconstitutional as applied.
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  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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