Court opinions

US Supreme Court rejects bid by detained asylum seekers

April 17, 2017
 Associated Press
The Supreme Court of the United States has rejected an appeal from detained immigrant mothers and their children who claim they will be persecuted if they are returned to their Latin American homelands.
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New Castle Schools negligence case headed to trial

April 13, 2017
Olivia Covington
The Indiana Court of Appeals has reversed summary judgment in case stemming from an altercation in a New Castle career program, finding that genuine issues of material fact remain as to whether the school was negligent.
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Appellate court affirms teenager’s delinquency adjudication

April 13, 2017
Olivia Covington
The Marion Superior Court properly adjudicated an Indianapolis teenager as a delinquent on theft and trespassing charges, the Indiana Court of Appeals decided Thursday, holding the court’s true findings were supported by sufficient evidence.
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COA reverses child support modification despite untimely appeal

April 13, 2017
Olivia Covington
Despite a father’s untimely filing of an appeal, the Indiana Court of Appeals decided to reverse a child custody modification order, finding there was an “extraordinarily compelling reason” to consider the father’s case on its merits.
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Appellate court affirms dismissal of protective order against mother

April 12, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed the dismissal of a grandmother’s petition for a protective order on behalf of her grandson and the subsequent ex parte order, holding the grandmother lacked legal standing to file the petition on his behalf.
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COA affirms dismissal of armed burglary charge

April 12, 2017
Olivia Covington
A Huntington County woman who stole a gun as part of a plan to trade the gun for drugs will not be charged with armed burglary because the gun was not used to “arm” the woman during her crime, the Indiana Court of Appeals ruled Wednesday.
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Public Lawsuit Statute not applicable in Tipton Co. case

April 12, 2017
Olivia Covington
The Indiana Public Lawsuit Statute that requires litigants to post bond when bringing a public lawsuit did not apply in a Tipton County case in which a couple was seeking to protect their own private interests, rather than public interests, the Indiana Court of Appeals decided Wednesday.
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Tax Court affirms assessments of lakefront property

April 12, 2017
Olivia Covington
The Indiana Tax Court has affirmed two property assessments for a lakefront property in northern Indiana, finding that the property owner failed to meet her burden of proof to discredit the county’s assessments.
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Lawsuit against Columbus over crosswalk headed toward trial

April 11, 2017
Olivia Covington
Although the city of Columbus has immunity from the policy decisions that may have contributed to a 13-year-old’s injuries when he was struck by a vehicle in a city crosswalk, genuine issues of material fact remain that preclude the city from being awarded summary judgment in a lawsuit, a divided Indiana Court of Appeals has held.
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COA reverses stay of man’s driving suspension

April 11, 2017
Olivia Covington
A northern Indiana man whose driving privileges were suspended for a variety of driving-related offenses, including operating while intoxicated, cannot have those suspensions stayed after the Indiana Court of Appeals ruled Tuesday that such a stay is contrary to state law.
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Appellate court dismisses juvenile’s appeal of DOC commitment

April 11, 2017
Olivia Covington
The Indiana Court of Appeals has dismissed a teenager’s appeal of his commitment to the Indiana Department of Correction, finding that because the teenager has already been released, his appeal is moot.
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7th Circuit rules in favor of police officer in 4th Amendment lawsuit

April 10, 2017
Olivia Covington
The 7th Circuit Court of Appeals has reversed the denial of summary judgment to a Highland police officer, finding his decision to keep a man in handcuffs while he was investigated as part of a road rage incident did not violate the Fourth Amendment.
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Man entitled to credit for time spent awaiting Indiana trial

April 10, 2017
Olivia Covington
The Indiana Court of Appeals has partially affirmed the denial of a man’s request for credit for time he spent incarcerated in Florida and New Hampshire, noting that after he was sentenced in Indiana, the Indiana and foreign sentences were meant to be served concurrently.
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Supreme Court strikes down contentious med-mal ruling

April 10, 2017
Olivia Covington
After six years of controversy over the limits, or lack thereof, on what evidence and arguments may be presented to a trial court during a medical malpractice proceeding, the Indiana Supreme Court has denounced a highly disputed medical malpractice case while simultaneously adopting a recent Court of Appeals opinion.
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Appellate court affirms CHINS order

April 7, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a Vanderburgh County children in need of services order after finding the children’s custodian did not make any argument as to why his stipulation to the facts of the CHINS petition should be withdrawn for cause.
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Court lets IPL rate increases stand

April 5, 2017
Olivia Covington
An approved rate change for Indianapolis Power & Light customers will stand after the Indiana Court of Appeals rejected the appeal of various advocacy groups on Wednesday.
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7th Circuit rules Title VII covers sexual orientation

April 5, 2017
Marilyn Odendahl
In a landmark ruling, the 7th Circuit Court of Appeals has found Title VII of the Civil Rights Act of 1964 does prohibit discrimination on the basis of sexual orientation.
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COA affirms neglect conviction against man with intellectual disability

April 4, 2017
Olivia Covington
The Indiana Court of Appeals affirmed the felony neglect conviction of a Wayne County man with a mild intellectual disability, finding that the state presented sufficient evidence to prove that he knowingly neglected his child leading to the boy’s death, and that the testimony of two medical experts was proper.
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US Supreme Court rejects bid to revive ballot selfies ban

April 3, 2017
 Associated Press
The U.S. Supreme Court on Monday rejected New Hampshire's bid to revive a law prohibiting voters from taking selfies pictures with their completed ballots.
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Divided COA reverses CHINS finding

March 30, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed a CHINS determination after finding the Department of Child Services failed to meet its burden of proof, though one judge believed the trial court was acting in the child’s best interests.
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COA: Trial court imposed restrictive standard for remonstrance petition

March 30, 2017
Olivia Covington
The Perry Circuit Court imposed too strict of a standard on a group of property owners when it denied their remonstrance petition because some of the signatures did not exactly match the signatures on tax duplicates, the Indiana Court of Appeals decided Thursday.
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Fired worker still entitled to temporary disability benefits

March 30, 2017
Olivia Covington
A worker who was injured on the job and was later fired for cause is still entitled to disability benefits, despite his misconduct, the Indiana Court of Appeals has ruled.
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COA sends property zoning dispute back to local BZA

March 30, 2017
Olivia Covington
A property zoning dispute has been remanded to the Jeffersonville Board of Zoning Appeals after the Indiana Court of Appeals found Thursday that BZA members did not enter proper findings of fact when handing down an adverse decision.
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COA affirms attempted murder conviction

March 30, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s attempted murder conviction after finding that the court was not required to give the jury a specific instruction on unanimity.
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7th Circuit affirms dismissal of foreclosure fraud case

March 29, 2017
Olivia Covington
An Indiana man’s various federal claims against his former mortgage holders cannot proceed because federal district courts do not have jurisdiction to vacate state court decisions, the 7th Circuit Court of Appeals ruled Wednesday.
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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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