Court opinions

Federal judges allows sex discrimination lawsuit against Catholic diocese to continue

September 8, 2014
Marilyn Odendahl
A Fort Wayne school teacher’s allegation of sex discrimination against the Diocese of Fort Wayne – South Bend Inc. can proceed after a federal judge found a jury should decide the issue.
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7th Circuit finds Indiana’s marriage law irrational and unconstitutional

September 5, 2014
Marilyn Odendahl
Indiana’s assertion that preventing same-sex marriage encourages responsible procreation among heterosexuals was unequivocally rejected in a blistering opinion from the 7th Circuit Court of Appeals, which said the state’s argument could not be taken seriously.
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7th Circuit rejects denial of disabled woman’s benefits

September 5, 2014
Marilyn Odendahl
Finding repeated fault with the administrative law judge who denied a Chandler woman Social Security disability payments, the 7th Circuit Court of Appeals reversed and remanded the case to the Social Security Administration.
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ICRC has jurisdiction in basketball race discrimination case

September 5, 2014
Dave Stafford
The Indiana Civil Rights Commission has jurisdiction in a racial discrimination claim brought by a former basketball player against Cardinal Ritter High School, but the ICRC dropped the ball in the case, the Court of Appeals ruled Friday.
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Summary judgment affirmed in hysterectomy med-mal case

September 5, 2014
Dave Stafford
The Indiana Court of Appeals Friday affirmed summary judgment in favor of health care providers in a lawsuit brought by a woman claiming doctors did not obtain informed consent before performing a hysterectomy.
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Appeals court reversal reunites mother and children

September 5, 2014
Dave Stafford
A Grant County trial court abused its discretion in ordering the appointment of guardians for two children, the Indiana Court of Appeals ruled Friday, reversing a guardianship order and instructing the trial court to reunite the children with their mother.
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Bike rider loses 'no duty to stop' argument in resisting appeal

September 5, 2014
Dave Stafford
A bicycle rider convicted by a jury of resisting law enforcement lost his appeal Friday on his argument that he had no duty to stop after an Indianapolis police officer tripped his siren and followed him in his cruiser.
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7th Circuit: Gay marriage bans in Indiana, Wisconsin unconstitutional

September 4, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed federal court rulings in Indiana and Wisconsin invalidating the states’ prohibitions of same-sex marriage.
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COA splits on reversal of child molesting conviction

September 4, 2014
Jennifer Nelson
A panel on the Indiana Court of Appeals was divided Thursday over whether a man’s Class A felony child molesting conviction should be overturned. The dissenting judge believed any error by the trial court was harmless, so the conviction should stand.
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COA re-evaluates public intox opinion in light of Thang, but still affirms

September 4, 2014
Jennifer Nelson
An Indiana Supreme Court decision regarding public intoxication has impacted a decision issued by the Court of Appeals three weeks earlier, but the judges still concluded a woman’s public intoxication conviction cannot stand.
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Defendant loses on ineffective counsel claim

September 4, 2014
Jennifer Nelson
A defendant did not show that he was denied the effective assistance of appellate counsel, so the court correctly denied his petition for post-conviction relief, the Indiana Court of Appeals ruled.
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Man cannot collect uninsured motorist coverage after accident on motorcycle

September 4, 2014
Jennifer Nelson
A man injured in an accident while riding a motorcycle cannot collect under his insurance policy’s uninsured motorist coverage, the Indiana Court of Appeals ruled Thursday. The judges rejected his claim that the exclusion of motorcycles violates public policy.
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Judge: Inevitable discovery rule could apply under state constitution

September 4, 2014
Jennifer Nelson
The Indiana Court of Appeals unanimously reversed a man’s convictions stemming from his alleged use of a stolen credit card at a gas station in Hancock County. But the judges on the panel didn’t agree whether the state’s argument of inevitable discovery is allowed under the Indiana Constitution.
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Justices order in camera review of report to determine if material is privileged

September 4, 2014
Jennifer Nelson
The Indiana Supreme Court tackled two issues of first impression Wednesday in a dispute involving a family business and claims the company president caused a significant decrease in shareholder value.
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Justices take first impression insurance case

September 3, 2014
Jennifer Nelson
The Indiana Supreme Court has accepted three cases on transfer, including one that divided the Court of Appeals regarding a jury award to the widow of a motorcyclist injured in a crash.
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Justices reverse conviction and sentence enhancement related to handgun

September 3, 2014
Jennifer Nelson
Because a man’s firearm enhancement is based on the same behavior used to convict and sentence him for carrying a handgun without a permit, the Indiana Supreme Court vacated the conviction and five-year enhancement.
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COA sets aside auction of mobile homes

September 3, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the sale of several mobile homes through an auction in Hendricks County after finding the buyer did not comply with statutory requirements regarding timelines for conducting an auction.
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Court upholds 3-year sentence for assault on girlfriend

September 3, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that his decision to waive his right to a jury trial deserves some mitigating consideration when sentencing him. The judges affirmed Timothy McSchooler’s three-year prison sentence for strangling his girlfriend.
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State can exclude fuel ethanol plants from ‘chemical process plant’ classification

September 3, 2014
Jennifer Nelson
The Indiana Supreme Court on Tuesday affirmed the decision by state environmental agencies to no longer consider fuel ethanol plants to be a “chemical process plant” under the Clean Air Act. By removing fuel ethanol plants from this classification, those plants may not be subject to stricter regulations.
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Steak n Shake can’t force arbitration with disgruntled franchisees

September 2, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals on Friday affirmed that Steak n Shake Enterprises Inc. cannot compel several of its franchisees to engage in nonbinding arbitration regarding claims brought by the franchisees in federal court. Steak n Shake tried to force arbitration after the restaurants already sued over the requirement all restaurants must adhere to company pricing and promotions.
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7th Circuit dismisses 3 Latin Kings gang members’ appeals

September 2, 2014
Jennifer Nelson
Because three Latin Kings gang members took plea deals with the government after they were charged with several counts – including conspiracy to participate in racketeering – that limited their ability to appeal, the 7th Circuit Court of Appeals threw out their appeals Friday.
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Teen has 1 adjudication overturned, must still pay restitution

August 29, 2014
Jennifer Nelson
A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims of his crimes.
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Man waited too long to ask for return of cash bond

August 29, 2014
Jennifer Nelson
Although the trial court was not statutorily authorized to retain a man’s cash bond in 2005, the Indiana Court of Appeals affirmed the denial of his motion to release the bond because he waived his argument.
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Judges order new rape trial based on inadmissible evidence

August 29, 2014
Jennifer Nelson
Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.
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COA affirms reduction of incarcerated father’s child support obligation

August 29, 2014
Jennifer Nelson
A trial court did not abuse its discretion by reducing a father’s child support and arrearage to an absolute minimum level after he requested review of his obligation, the Indiana Court of Appeals affirmed Friday. The man, who is incarcerated, claimed the court did not consider his income or needs when making the reduction.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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