Court opinions
Supreme Court upholds denial of continuance
October 27, 2009
Jennifer NelsonThe majority of justices on the Indiana Supreme Court agreed that the trial court didn't abuse its discretion in denying
a married couple's pro se motion to continue after their attorney withdrew six weeks before trial. The dissenting justice
argued because of the complexities of the case, the trial court should have granted the couple's motion.
More'Prison mailbox rule' applies to direct appeals
October 23, 2009
Jennifer NelsonThe "prison mailbox rule," which the Indiana Court of Appeals had previously determined applies in post-conviction
proceedings, also is applicable in direct appeals, the appellate court decided today.
MoreCOA reverses dismissal of drug charges
October 21, 2009
Jennifer NelsonA trial court erred when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and
dismiss the drug charges against him as a result of that search, the Indiana Court of Appeals ruled today.
MoreCOA: Destroyed tape doesn't make record silent
October 20, 2009
Jennifer NelsonThe premature destruction of a tape of a guilty plea hearing by court staff doesn't render the record silent for purposes
of Boykin, the Indiana Court of Appeals ruled Monday.
MoreSupreme Court considers MySpace statement
October 15, 2009
Rebecca Berfangerhe Indiana Supreme Court today issued an opinion that affirmed a Kosciusko Circuit jury's conviction of a man who murdered
his girlfriend's 2-year-old daughter and the resulting sentence of life in prison without parole. The opinion also considered
the defendant's novel question: whether statements from his social networking Web site, which were presented to the jury
as evidence of his character, were admissible in court.
More7th Circuit warns attorneys about compliance
October 14, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals chastised the U.S. Attorney's Office in Indiana's Northern District to "get its act together"
to comply strictly with a statute that imposes a mandatory life sentence for a defendant convicted of a drug offense with
two prior drug convictions.
MoreAttorney's fees can come from damages award
October 13, 2009
Jennifer NelsonReasonable attorney's fees may be paid out of the damages award in a wrongful death action, the Indiana Court of Appeals
ruled today.
MoreCourt rules on workers' comp dispute
October 13, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a finding that a company had acted in bad faith in denying workers' compensation
benefits because there was a dispute over who should pay the benefits.
MoreDissent: new issues can be raised in response
October 9, 2009
Michael HoskinsParties shouldn't be allowed to raise arguments for the first time in response to a rehearing petition before an appellate
court, an Indiana Court of Appeals judge wrote in disagreeing with two of her colleagues.
MoreTestimony based on medical journals allowed
October 8, 2009
Michael HoskinsA physician testifying at a medical malpractice case should have been allowed to offer testimony based on her reading
of medical journals, and a Marion County judge erred when he excluded part of her statements, the Indiana Court of Appeals
decided.
MoreJudges disagree on when escape occurs
October 7, 2009
Jennifer NelsonThe Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer
walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was
just a violation of prison rules.
MoreFirst impression in utility fee case
October 7, 2009
Jennifer NelsonIn a matter of first impression, the Indiana Court of Appeals had to determine whether the Indiana Utility Regulatory Commission
properly reviewed the rates and fees charged by a regional sewage district at the request of a campground owner.
MoreIndiana order doesn't modify Florida order
October 7, 2009
Jennifer NelsonThe Indiana Supreme Court affirmed that a Vanderburgh Superior Court's order requiring a father to pay less than the full
amount of a Florida support obligation, which allowed him to avoid incarceration, didn't impermissibly modify the foreign
judgment.
MoreRestitution for lost wages an error
October 6, 2009
Jennifer NelsonA trial court erred in ordering a man to pay restitution of the lost wages of his victim because there's no direct link
the man's criminal recklessness caused the victim to be fired, the Indiana Court of Appeals ruled.
MoreCOA: Annexation should have been granted
October 6, 2009
Jennifer NelsonThe Indiana Court of Appeals found that a Circuit Court incorrectly ruled that Muncie failed to meet its statutory burden
when trying to annex portions of two residential neighborhoods. The appellate court reversed the finding Muncie's
ordinances annexing the land were invalid and the finding the landowners met their statutory burden to oppose the annexation.
MorePutative dad can file paternity petition for child
October 5, 2009
Jennifer NelsonThe Indiana Court of Appeals has ruled that although a putative father's paternity petition should be dismissed, he could
proceed as the next friend of the alleged daughter in her paternity petition.
MoreTestimony showed intent in identity deception
October 5, 2009
Jennifer NelsonDuring a trial for identity deception, a court correctly admitted evidence under Indiana Evidence Rule 404(b) of the defendant's
prior interaction with the victim of his identity theft and previous instances of using the victim's information, the
Indiana Court of Appeals concluded today.
MoreTrial court erred in terminating parenting time
October 2, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed the termination of a father's parenting time with his teenage daughters, finding
the trial court erred because the decision wasn't supported by the record or statute.
MoreCourt: No rehearing based on another decision
October 1, 2009
Jennifer NelsonThe Indiana Tax Court granted a petition for rehearing to clarify its ruling that a Hamilton County property qualified for
a charitable/religious exemption. The Tax Court also denied rehearing a St. Joseph County case that claimed the decision in
that case should be reconsidered based on the original ruling in the Hamilton County case.
MoreCOA splits on cheek-swab requirements
September 30, 2009
Jennifer NelsonA split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable
cause, under federal and state constitutions.
MoreJudges dissent on search after 'knock and talk'
September 30, 2009
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation
didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to
a general distrust of law enforcement.
MoreCourt: Association has no standing to sue
September 29, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a landowners association lacked standing to sue over the rezoning of property despite
the argument that its claim survives under the "public standing doctrine."
MoreCOA: findings don't support attorney fees
September 28, 2009
Jennifer NelsonThe Indiana Court of Appeals remanded a case today involving attorney fees - the appellate court questioned whether the Indiana
High School Athletic Association was trying to dissuade appeals by athletes - because the findings of the case currently don't
support the judgment.
MoreCourt erred in ordering DCS to pay costs
September 28, 2009
Jennifer NelsonThe Indiana Department of Child Services isn't responsible for the costs of a minor's secure detention because it
never entered into a written agreement with the juvenile court to cover the costs, the Indiana Court of Appeals ruled today.
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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.