Court opinions

7th Circuit affirms lower court in appeal over firing

May 21, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has ruled that a bank did not violate a woman’s rights by terminating her employment because of her husband’s immigration status.
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Court holds order is not a final action

May 18, 2012
Jenny Montgomery
The Indiana Court of Appeals has dismissed an appeal from a father, holding that an order regarding an adoption petition is not a final judgment.
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Justices deny rehearing in state back-pay case

May 17, 2012
Jennifer Nelson
Three of the five Indiana Supreme Court justices declined to reconsider their decision to cut the amount of back pay certain state employees could receive.
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Judges uphold revocation of probation

May 17, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the revocation of a man’s probation after he admitted a violation to the judge at his hearing on petition to revoke.
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Man not prejudiced by lawyer's failure to advise about deportation

May 17, 2012
Jennifer Nelson
A defendant’s trial counsel was deficient by not advising his client about the risk of deportation following a guilty plea, but the defendant wasn’t prejudiced by the performance, the Indiana Court of Appeals concluded.
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No error in admitting testimony of domestic violence expert

May 17, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled that the admission of testimony by a domestic violence expert at trial did not violate four of Indiana’s evidence rules, as the defendant argued.
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DNA swab of juvenile is not fundamental error

May 17, 2012
Jennifer Nelson
The Indiana Court of Appeals found police acted improperly in swabbing a teen’s penis to obtain DNA evidence and that the trial court erred in admitting this test into evidence, but that the error was harmless.
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Court affirms permit to build new wastewater treatment plant

May 17, 2012
Jennifer Nelson
The Indiana Department of Environmental Management’s decision to issue a permit to the city of Hobart to operate a new wastewater treatment plant was not arbitrary, capricious or otherwise contrary to law, the Indiana Court of Appeals ruled.
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Judges uphold convictions of invasion of privacy

May 17, 2012
Jennifer Nelson
In a combined appeal, the Indiana Court of Appeals found Marion County was the proper venue to try a defendant’s invasion of privacy charges. Dewayne Jones claimed prosecutors couldn’t prove his victims were in Marion County when he called them, a violation of a no-contact order.
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Court rules man invoked right to counsel

May 14, 2012
Jennifer Nelson
The Indiana Court of Appeals found a man’s question, “Can I get a lawyer?” during police questioning unambiguously and unequivocally invoked his Fifth Amendment right to counsel, so the trial court erred in denying the man’s motion to suppress statements he made to police.
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Surety not obligated to pay bond to subcontractor

May 11, 2012
Jennifer Nelson
A company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.
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State concedes traffic stop was invalid

May 10, 2012
Jennifer Nelson
On the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.
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Judges uphold jury's rejection of insanity defense

May 10, 2012
Jennifer Nelson
A woman convicted of murdering her young son has lost her appeal, in which she claimed the jury didn’t have sufficient evidence to reject her insanity defense.
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COA reverses in foreclosure dispute

May 10, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a couple’s motion for relief from judgment and request for attorney fees in a foreclosure dispute, finding the couple established the party seeking to foreclose on their property acted in bad faith.
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No error in admitting deposition testimony of witness

May 9, 2012
Jennifer Nelson
The Indiana Court of Appeals found the trial court did not err in admitting the deposition testimony of a witness in a murder case who refused to testify at trial and whom the defendant had a chance to examine at the deposition.
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Judges uphold drug convictions and sentence

May 9, 2012
Jennifer Nelson
A defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation of privacy in the car, the Indiana Court of Appeals held.
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Man can't prove ineffective lawyer assistance

May 9, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding neither his trial nor appellate counsel were ineffective in his case involving a voluntary manslaughter conviction.
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Changing, walking to workstations not compensable acts

May 9, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has ruled that employees asking to be compensated for changing into safety clothing and walking to their work stations are undermining the efforts of the union that represents them.
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Justices to decide case questioning health care costs charged to uninsured patients

May 7, 2012
IL Staff
Indiana’s high court will hear arguments Thursday in Allen v. Clarian Health Partners, Inc., 955 N.E.2d 804 (Ind. Ct. App. 2011), vacated.
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Attorney sentenced to 8 years for theft

May 3, 2012
Jennifer Nelson
Stacy Sheedy, the Indianapolis attorney and accountant who pleaded guilty to theft charges for misappropriating nearly $600,000 from a guardianship account and family trust, was sentenced to eight years in prison Thursday.
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Judges reverse marijuana conviction

May 3, 2012
Jennifer Nelson
The search of the car driven by a defendant violated the Fourth Amendment, the Indiana Court of Appeals ruled, so the trial court abused its discretion in admitting evidence obtained through an inventory search of the car.
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COA finds man was shareholder at time of stock sale

May 2, 2012
Jennifer Nelson
A dispute between family members over stock of the family company led to the Indiana Court of Appeals addressing an issue involving shareholders and revocable trusts that hasn’t yet been addressed in Indiana: whether the settlor, who places shares of stock into a revocable inter vivos trust and names himself as trustee and beneficiary, retains his shareholder status.
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Man can't prove ineffective assistance from attorney

May 2, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed his trial counsel was ineffective.
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7th Circuit vacates sanction in contempt judgment

May 1, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was imposing the sanction he did, so the 7th Circuit vacated the sanction.
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COA affirms use of equitable subrogation

April 30, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the trial court’s decision to award title over a disputed piece of property, but reversed regarding the order the defendant pay the plaintiff’s attorney fees.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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