Court opinions
Mother not denied due process by not having appointed counsel in CHINS case
March 28, 2013
Jennifer NelsonWhile disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child
in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld
the termination of mother J.A.’s parental rights to her son G.P.
MoreAppeals court tackles sex offender use of social media
March 27, 2013
Jennifer NelsonTwo months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain
social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s
First Amendment rights.
MoreCOA: Court allowed to admit evidence from man’s home
March 27, 2013
Jennifer NelsonThe Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched
his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
MoreCourt erred in striking state’s response as untimely
March 27, 2013
Jennifer NelsonThe Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s
response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant
the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
MoreCOA reverses vacation of grandparent visitation
March 27, 2013
Jennifer NelsonEven though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred
in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to
the grandmother’s lack of standing were waived when they failed to appeal the original order.
MoreRenovation project raises questions on public bidding
March 27, 2013
Marilyn OdendahlContractors claim in lawsuit that a school corporation's financing method circumvented the law.
MorePolice following drug package wire into home unconstitutional, COA rules
March 26, 2013
Dave StaffordPolice violated Fourth Amendment protections against unreasonable search and seizure when they used a parcel wire to track
the opening of a shipment of marijuana in an Indianapolis man’s home, the Indiana Court of Appeals held Tuesday.
MoreVoucher program stands, Indiana Supreme Court rules
March 26, 2013
Dave StaffordIndiana’s school voucher program, considered the nation’s widest-reaching, is constitutional, the Indiana Supreme
Court unanimously ruled Tuesday.
MoreIndiana Supreme Court: school vouchers constitutional
March 26, 2013
IL StaffIndiana’s school voucher program is constitutional, the Indiana Supreme Court unanimously ruled Tuesday.
MoreJustices order resentencing on habitual offender sentences
March 21, 2013
Jennifer NelsonThe Indiana Supreme Court on Thursday reversed the part of a White Superior Court’s sentencing order that a man who
pleaded guilty to theft and being a habitual offender must serve his sentence consecutively with a case out of Tippecanoe
County.
MoreJustices reaffirm ruling on sentence enhancements under habitual offender statute
March 21, 2013
Jennifer NelsonThe Indiana Supreme Court Thursday granted the state’s request for a rehearing in a case in which the justices determined
that Anthony Dye’s sentence for unlawful possession of a firearm by a serious violent felon, which was enhanced under
the general habitual offender statute, was an impermissible double enhancement.
MoreCOA affirms changing boy’s last name
March 21, 2013
Jennifer NelsonThe mother of a 5-year-old boy was unable to convince the Indiana Court of Appeals that the Marion Circuit Court erred in
granting his father’s petition to change the boy’s surname to his last name.
MoreCedar Lake allowed to dissolve Parks Department, board
March 21, 2013
Jennifer NelsonA Lake Superior judge erred when she used Dillon’s Rule to determine the scope of the town of Cedar Lake’s legal
authority to dissolve its park board and Parks Department, the Indiana Court of Appeals ruled Thursday. The proper legal inquiry
is based on the state’s Home Rule Act.
MoreJudges rule against commissioners in eminent domain dispute
March 21, 2013
Jennifer NelsonIn a case involving the use of eminent domain to acquire land to expand the runway at the Clark County Airport, the Indiana
Court of Appeals encouraged lawyers and the courts to stop using the phrase “jurisdiction over a particular case”
when the term “legal error” should be used.
MoreNursing student loses appeal of dismissal from Purdue
March 19, 2013
Jennifer NelsonA nursing student at Purdue University’s Fort Wayne campus was unable to convince the Indiana Court of Appeals Tuesday
that the university and officials violated her due process rights and breached a contract with her when they dismissed her
from the program due to behavioral difficulties.
MoreJudges affirm reduction of subrogation lien
March 15, 2013
Jennifer NelsonThe Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one
couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to
pay the full amount of the couple’s claim following a car accident.
MoreMan’s statement on drug allowed at trial
March 15, 2013
Jennifer NelsonThe Indiana Court of Appeals held Friday that a trial court did not commit fundamental error in admitting Charles Meriwether’s
statement to police that he had marijuana in his car.
MoreMan must reinstate original complaints for lawsuits to proceed
March 14, 2013
Jennifer NelsonThe Indiana Court of Appeals held Thursday that a man with a propensity to sue over purchases made online may not file a new
lawsuit in Marion County after a similar one was dismissed without prejudice.
MoreCOA affirms angry ex-boyfriend’s battery convictions
March 14, 2013
Jennifer NelsonA northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of
a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s
car with his.
MoreJudges deny prisoner’s request to appeal without paying fees
March 13, 2013
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a man’s argument that he and other prisoners do not need to pay appellate
filing and docketing fees, and so a District Court’s certification of appeal is irrelevant.
MoreWoman suing for unpaid wages passes ‘duck test’
March 13, 2013
Jennifer NelsonIndiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if
it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit
to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the
Wage Payment Act.
More7th Circuit again reverses drug sentence for minor role reduction
March 13, 2013
Dave StaffordA man convicted of a federal charge that he transported drug money will be sentenced a third time after the 7th Circuit Court
of Appeals ruled Tuesday in a nonprecedential opinion that a resentencing the court ordered in 2010 did not sufficiently consider
his minor role compared with conspirators.
MoreIs COA opinion on threat to judge a threat to rights?
March 13, 2013
Dave StaffordAdvocates say imprisoned blogger's ruling out of the Indiana Court of Appeals imperils the First Amendment.
MoreSuit against Catholic diocese alleging firing after fertility treatment proceeds
March 12, 2013
Dave StaffordA former teacher who claims her contract at St. Vincent de Paul School in Fort Wayne was not renewed because she underwent
in vitro fertilization treatments may proceed with a suit against the Catholic diocese.
MoreJustices: Evidence of dismissed crimes allowable for post-conviction relief
March 12, 2013
Dave StaffordA Delaware County man who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony
counts was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed, the
Indiana Supreme Court ruled Tuesday.
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Court Calendar
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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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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.