Court opinions

New York conviction doesn’t support Indiana charges

November 10, 2015
Jennifer Nelson
A man’s 2014 conviction of operating a vehicle while impaired in New York cannot serve as the basis to bring enhanced drunken-driving charges against him because the New York statute is not substantially similar to the elements of a crime described in Indiana Code, the Indiana Court of Appeals held Tuesday.
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Court: Girl should be with mother, not great aunt

November 10, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the award of custody of a young girl to her great aunt, finding the woman did not overcome the presumption in favor of placement with the girl’s biological mother.
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Justices: Personalized licenses plates are government speech

November 6, 2015
Jennifer Nelson
The Indiana Supreme Court Friday upheld the Bureau of Motor Vehicles’ process for approving or denying requests for personalized license plates after finding the plates are government speech. A Marion County judge ruled last year the statute governing personalized license plates is unconstitutional.
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Companies’ agreement not a requirements contract, 7th Circuit holds

November 6, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals vacated judgment in favor of a company that sued its carbon black supplier after it was unable to fulfill orders, holding the lower court erred in ruling in favor of the purchaser after finding the agreement between the companies was a requirements contract.
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Court must recalculate attorney fees

November 6, 2015
Jennifer Nelson
A trial court has the discretion to determine whether and how much to award in attorney fees, but a Porter Superior Court incorrectly determined what attorney fees the prevailing party was entitled to in a slander of title action, the Indiana Court of Appeals held Friday.
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Clause limiting time client can sue attorney violates public policy

November 6, 2015
Jennifer Nelson
The contract a client signed to have the Conour Law Firm represent her contained a clause limiting her ability to sue the firm to one year, which the Indiana Court of Appeals found violated public policy and the Indiana Rules of Professional Conduct. The lawsuit seeking to recover settlement funds stolen by William Conour continues against his former colleague.
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Out-of-state move did not relieve sex offender from updating address

November 6, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that because he had moved out of state when law enforcement officials performed a random check of his home address, he was no longer required to register as a sex offender in Indiana.
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Court affirms enhanced sentence for incest offense

November 6, 2015
Jennifer Nelson
Finding the District Court conducted the correct analysis when determining the sentence of a man who had failed to register as a sex offender in Indiana and then committed incest with his 18-year-old daughter, the 7th Circuit Court of Appeals affirmed the six-level sentencing enhancement.
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LLC denied royalties because of unenforceable contract

November 6, 2015
Jennifer Nelson
A company that sued seeking nearly $750 million in unpaid royalties for sales on medical devices using certain patents lost its appeal before the Indiana Court of Appeals because the contract is unenforceable.
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COA: Jury properly rejected defendant’s insanity defense

November 5, 2015
Jennifer Nelson
Because there was evidence that a defendant’s mental state at the time he stabbed his estranged wife was due to voluntary intoxication, the jury properly rejected his insanity defense, the Indiana Court of Appeals held Thursday.
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COA upholds attempted stalking conviction

November 5, 2015
Jennifer Nelson
A man who claims he is the only person in Indiana ever charged with or convicted of attempted stalking failed to convince the Indiana Court of Appeals that his conviction should be overturned.
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Justices acquit mother involved in fistfight turned fatal

November 5, 2015
Jennifer Nelson
The Indiana Supreme Court acquitted the woman involved in a planned beatdown that resulted in one man dying and she, her son and another man being convicted of attempted aggravated battery. The justices previously this year ordered the other two perpetrators’ convictions reversed and said the “basic principle of justice” requires the same result in the woman’s case.
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Supreme Court takes up property tax refund dispute

November 2, 2015
Dave Stafford
Whether the owners of an industrial property who were in default on a mortgage are entitled to a property tax refund is a question the Indiana Supreme Court will decide.
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Tax Court affirms rulings for Verizon in contested assessments

November 2, 2015
Dave Stafford
State tax authorities who couldn’t convince administrative boards to uphold a tripling of assessed valuation on Verizon facilities in Allen County had no better luck Friday before the Indiana Tax Court.
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Settlement payments were income, COA rules

October 30, 2015
Marilyn Odendahl
A father’s monthly annuity payments from a structured settlement agreement should have been counted as income when calculating his child support obligation, the Indiana Court of Appeals has ruled.
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COA affirms convictions state conceded as double jeopardy

October 30, 2015
Dave Stafford
State attorneys who agreed with a defendant’s argument that his felony drunken-driving and misdemeanor reckless driving convictions violated double-jeopardy protections were wrong, the Indiana Court of Appeals ruled Friday, affirming both convictions.
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7th Circuit affirms man’s sentence for molesting baby

October 28, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s sentence, supervised release conditions and restitution order after he pleaded guilty to raping, molesting and creating pornographic videos of an infant with the mother’s permission.
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COA rejects father’s definition of 'home' in parental rights case

October 27, 2015
Jennifer Nelson
The “home” that is referred to in the statute allowing for the termination of parental rights is the home of the child and not the home of a particular parent, the Indiana Court of Appeals held Tuesday, rejecting a father’s argument in his appeal of the termination of his parental rights.
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Judges reverse trespass conviction of man kicked out of bar

October 27, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a defendant that there is insufficient evidence to support his criminal trespass conviction after he was kicked out of a downtown Indianapolis bar.
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Court should decide if nephew is uncle’s dependent next of kin

October 26, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of the driver in a deadly car accident on the decedent’s nephew’s wrongful death action, finding questions exist as to whether the nephew is his uncle’s dependent next of kin.
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IPFW custodian loses appeal of discrimination, retaliation claims

October 26, 2015
Jennifer Nelson
An Indiana University-Purdue University Fort Wayne custodian who was fired for his role in a physical confrontation with another custodian could not convince the Indiana Court of Appeals that his discrimination and retaliation claims should proceed to trial.
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Court rules for IPS in ex-employee’s 'Moorish Christmas' suit

October 23, 2015
Dave Stafford
An ex-Indianapolis Public Schools employee and minister fired after repeated complaints of physical altercations with students lost his federal discrimination lawsuit that claimed in part he was fired for religious reasons, including his request to be allowed off work to observe “Moorish Christmas.”
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COA affirms sanctions for lawyer’s misrepresentation of invoices

October 22, 2015
Jennifer Nelson
The Indiana Court of Appeals called out an attorney for the errors in her appellate brief and considered requiring her to prove she attended continuing legal education on appellate practice before filing anything else before the appeals court.
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SCOTUS won't reinstate $250K award in police shooting

October 19, 2015
 Associated Press
The Supreme Court of the United States will not reinstate a $250,000 award to the father of a suspected marijuana user in Maryland who was killed by police in a middle-of the-night raid.
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Appeals court reinstates South Bend police wrongful death suit

October 16, 2015
Dave Stafford
A wrongful death lawsuit filed on behalf of a man who died in the custody of South Bend police was reinstated Friday by the Indiana Court of Appeals.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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