Court opinions

Failure to buckle a seatbelt cannot be used to prove contributory negligence

May 19, 2015
Marilyn Odendahl
The city of Fort Wayne will not be able to present evidence at trial that an injured passenger in a traffic accident was not wearing a seatbelt. The Indiana Court of Appeals has ruled that a violation of the state's Seatbelt Act may not be used to prove contributory negligence.
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Justices author dissents in appeal denials

May 19, 2015
Dave Stafford
The Indiana Supreme Court won't hear two cases in which justices felt compelled to write dissents arguing why they believed toxic-litigation and marital estate distribution appeals should be heard.
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Supreme Court voids Maryland tax similar to Indiana tax

May 18, 2015
 Associated Press
The Supreme Court of the United States on Monday struck down a Maryland tax that has the effect of double-taxing income residents earned in other states.
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Police immune from lawsuit over arrest of mentally ill woman

May 18, 2015
 Associated Press
The Supreme Court of the United States ruled Monday that police are immune from a lawsuit arising from the arrest and shooting of a mentally ill woman in San Francisco.
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Property owners have no duty for tenant’s free-running dog

May 18, 2015
Marilyn Odendahl
Although the landlords provided the means to restrain the tenant's dog, they are not responsible for the injuries a motorcyclist sustained when the pooch dashed into the road and caused an accident.
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Justices make it easier to sue over 401(k) plans

May 18, 2015
 Associated Press
The Supreme Court of the United States ruled unanimously Monday in favor of participants in employee retirement plans who object to companies' investment decisions that eat into retirement savings.
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SCOTUS: Convicted felons can sell their guns

May 18, 2015
 Associated Press
A unanimous Supreme Court of the United States ruled Monday that the government can’t prevent a convicted felon who is barred from possessing firearms from trying to sell his guns after they are confiscated by authorities.
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Admission of recording is harmless error

May 15, 2015
Marilyn Odendahl
A recording of a victim’s conversation with friends should not have been admitted into evidence at trial, but the Indiana Court of Appeals ruled it was a harmless error.
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Tax Court affirms Zionsville office assessment

May 15, 2015
Dave Stafford
The Indiana Tax Court on Thursday affirmed the real estate assessment of an office building on Zionsville’s Main Street in Boone County.
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COA: Rapper’s brokered peace treaty irrelevant in murder case

May 15, 2015
Dave Stafford
A rapper convicted as an accomplice in the murder of Indianapolis disc jockey Thomas Keys failed on appeal to show his brokering of a peace treaty between rival rap groups was wrongly excluded from evidence in his trial.
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Justices acquit two involved in fistfight turned fatal

May 15, 2015
Dave Stafford
An Indianapolis teen and another man convicted and sentenced to 15 years in prison for their roles in a planned beatdown that ended with a fatal gunshot will be freed after the Indiana Supreme Court reversed their convictions and ordered them acquitted.
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Divided Supreme Court declines to take med mal case

May 15, 2015
Jennifer Nelson
The Indiana Supreme Court by a vote of 3-2 decided this week to not take the case of a man who sued for medical malpractice those who treated his now-deceased wife. The lower court and Court of Appeals found no existence of a physician-patient relationship between the on-call hospital specialist and the wife, the issue that caused two justices to dissent.
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Justices adopt ‘any insurance’ approach in subrogation dispute

May 14, 2015
Jennifer Nelson
Deciding an issue of first impression stemming from a fire that heavily damaged the Jefferson County courthouse in 2009, the Indiana Supreme Court on Wednesday decided Indiana should follow the "any insurance" approach in deciding when property owners waive subrogation rights in certain cases. In doing so, the justices rejected the "work versus non-work" approach that the Court of Appeals has used.
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Mother’s battery on teen not protected by parental privilege

May 13, 2015
Jennifer Nelson
The Indiana Court of Appeals on Wednesday upheld a mother’s misdemeanor battery conviction for hitting her daughter nearly 20 times with a belt after previous discipline did not stop the teen from communicating with boys on social media.
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Teen’s rights not violated by search of sweatshirt

May 13, 2015
Jennifer Nelson
A Marion County teen’s constitutional rights were not violated when a police officer responding to a report of a teen in a black hooded sweatshirt with a gun opened a similar sweatshirt next to the teen and found a gun, the Indiana Court of Appeals held Wednesday.
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Justices order hearing on whether to temporarily admit out-of-state lawyers

May 13, 2015
Jennifer Nelson
A Lake County court erred when it relied on a local rule to determine that five out-of-state attorneys should not be granted pro hac vice admission because the party seeking their admission could potentially hire capable Indiana attorneys to provide the franchise law work, the Indiana Supreme Court ruled Tuesday.
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Tax Court: Assessor did not comport with notice requirements for back taxes

May 13, 2015
Jennifer Nelson
Although the Grant County assessor was authorized to assess two subject properties under I.C. 6-1.1-9-1, which allows for retroactive assessment, the assessor did not give the taxpayer sufficient notice of certain assessments, the Indiana Tax Court ruled Tuesday.
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Man not entitled to separate molestation trials, justices hold

May 13, 2015
Jennifer Nelson
The Indiana Supreme Court on Tuesday rejected a man's argument that he was entitled to three separate trials on the allegations he molested his three granddaughters. In doing so, two justices said they believe the Supreme Court needs to give more guidance on motions to sever.
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Justices reverse CHINS finding, noting father coerced to admit adjudication

May 13, 2015
Jennifer Nelson
Because a Marion Superior Court judge's remarks and conduct in their cumulative effect breached the court's duty of impartiality and amounted to coercion of a 17-year-old girl's father to admit she was a child in need of services, the Indiana Supreme Court reversed the CHINS adjudication.
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Landowners not prejudiced by approval of wind turbine project

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed that landowners in Wells County who lived next to property that will house wind turbines were not prejudiced by the zoning decision to allow the project to proceed.
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COA issues new opinion in bail case involving self-defense claim

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals has issued a new opinion in its decision involving a man charged with murder who sought to be released on bail, but was denied. The judges again held that James Satterfield should be allowed to present evidence of self-defense at a new bail hearing.
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Journey’s Account Statute does not save woman’s complaint against DOC

May 12, 2015
Jennifer Nelson
A transgendered inmate of the Department of Correction lost before the Court of Appeals in a case seeking personal injury damages from the DOC. The inmate's instant complaint is time-barred and not saved by the Journey's Account Statute, the COA held.
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Revised sentencing statute not applicable to defendant, COA holds

May 12, 2015
Jennifer Nelson
Because a man committed his crime in 1999, well before the effective date of the new Indiana criminal code, the new sentencing statute does not apply to him, the Indiana Court of Appeals held Tuesday.
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Woman’s lien takes priority in property sold at tax sale

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals determined Tuesday that a woman who obtained a judgment lien in 2006 against a co-owner of a property later sold in a tax sale has priority over other claims for the tax sale surplus and that she made a timely claim for the surplus.
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Outlaws member had no legal interest in forfeited properties

May 12, 2015
Jennifer Nelson
A member of the Outlaws Motorcycle Club who claimed an interest in property forfeited to the government after two fellow members pleaded guilty to racketeering charges did not have an interest under the law, the 7th Circuit Court of Appeals affirmed Monday.
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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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