Court opinions
Justices 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.
MoreCourt affirms reduction of support ordered in another state
March 11, 2013
Dave StaffordA court order reducing a father’s child support obligation from that set by a Pennsylvania court was affirmed Monday
by the Indiana Court of Appeals.
MoreRuling: Easement to Eagle Creek indeed leads to water
March 11, 2013
Dave StaffordA trial court ruling that forbid residents of a lakefront subdivision from accessing the water from a public easement was
overturned Monday by the Indiana Court of Appeals.
MoreSeparate notice argument not enough to vacate small claims judgment
March 8, 2013
Marilyn OdendahlA business’s argument that it should have been served with a separate notice of a small claims action was rejected by
the Indiana Court of Appeals Friday.
MoreLake County man warned against disparaging bench
March 8, 2013
Dave StaffordA Lake County man with a history of filing unsupported allegations and derogatory comments in pleadings was rebuffed on his
latest appearance before the Indiana Court of Appeals, which warned him against disparaging the bench.
MoreMan’s conviction of auto theft upheld
March 7, 2013
Jennifer NelsonAlthough a trial court’s refusal to give a defendant’s jury instruction was an error, it was harmless and his
felony auto theft conviction should be affirmed, the Indiana Court of Appeals ruled.
MoreState didn’t prove man committed trespass
March 7, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed a criminal trespass conviction for a Marion County man after finding the state didn’t
prove a material element of the crime.
MoreMajority sides with hotel in lawsuit stemming from molestation
March 6, 2013
Jennifer NelsonA divided Indiana Supreme Court affirmed summary judgment for a hotel, its owner and the hotel franchisor that the hotel’s
insurance company had no duty to defend a civil complaint brought by a minor motel guest who was molested by an off-duty employee.
MoreSchool corporation’s renovation of building violated public bidding laws
March 6, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Wednesday that the Evansville Vanderburgh School Corporation’s renovation of a building
to be used to house all administrative offices violated the state’s Public Bidding Laws.
MoreJustices: Use preponderance of evidence standard to find probation violation
March 6, 2013
Kimberly Heaton will have a new hearing on whether she violated the terms of her probation when she was charged with Class
D felony theft. The Indiana Supreme Court vacated her probation revocation because a Madison Superior judge may have used
the wrong legal standard to find the violation.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.