Court opinions
Court remands custody case for new hearing
September 24, 2009
Jennifer NelsonAlthough all three Indiana Court of Appeals judges came to conclusion that the trial court should revisit its order to grant
full custody of a child to her abusive father, the judges differed as how the trial court should have approached the matter.
MoreCourt upholds injunction in easement case
September 23, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts,
and other objects were placed along a disputed easement area to prevent people from driving along it.
MoreCOA reverses judgment for Ford in liability suit
September 21, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed summary judgment today in favor of Ford Motor Co. in a products liability lawsuit, but
the judges disagreed as to whether the manufacturer breached its duty to warn of the dangers of children riding in the front
seat with airbags turned on.
MoreCouple not negligent in baby's death
September 17, 2009
Jennifer NelsonA couple did not breach their duty to protect a baby from a dangerous condition on their property in which a 2-month-old died
after his mother smothered him while the two slept on a sofa at the couple's home.
MoreCircuit Court vacates drug sentence
September 14, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals affirmed a man's drug conviction, but vacated his sentence because it wasn't confident
the District Court judge properly sentenced him.
MoreTraffic infraction not necessary for police stop
September 11, 2009
Jennifer NelsonEven though a police officer didn't see a driver commit any traffic infractions before pulling him over, the officer could
stop the car because he believed the driver might have been injured or impaired, the Indiana Court of Appeals affirmed today.
MoreLawyer failed to deny note execution under oath
September 11, 2009
Jennifer NelsonBecause an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial
was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court
of Appeals ruled today.
MoreCourt rules on LLC matter of first impression
September 10, 2009
Jennifer NelsonThe Indiana Court of Appeals had to decide for the first time whether a company owes a continuing fiduciary duty to a former
shareholder or member to accurately report the company's fiscal results to the IRS for a year in which the former member
held stock or was still a member of the limited liability company.
MoreLawyer entitled to $1.05 million default judgment
September 10, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a default judgment in favor of an Indiana attorney because an Illinois attorney demonstrated
"contumacious disregard" for a trial court's orders.
MoreCourt split on ineffective trial counsel
September 9, 2009
Jennifer NelsonA panel of Indiana Court of Appeals judges disagreed that an attorney was ineffective because the majority found the attorney
told her client he "should" win the case whereas one judge pointed out in the record the attorney admitted to telling
the client he "would" win.
MoreConsent not defense in battery case
September 9, 2009
Jennifer NelsonBecause consent is not a defense to battery when a deadly weapon is used, the Indiana Court of Appeals affirmed a man's
convictions of felony and misdemeanor battery on his girlfriend after branding her with a hot knife and hitting her with a
cord.
MoreJustices rule in favor of cup manufacturers
September 8, 2009
Jennifer NelsonThe manufacturer defendants in a suit claiming defects in their measuring cup caused the death of a 9-year-old boy are entitled
to summary judgment, the Indiana Supreme Court affirmed today.
MoreJudges differ on application of high court ruling
September 8, 2009
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues today in a ruling involving the ownership of certain joint
accounts because he believed an Indiana Supreme Court decision was binding in the case.
MoreJudges question earlier Circuit holding
September 4, 2009
Jennifer NelsonA decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether
a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.
MoreCourt rules on adult-business ordinance
September 4, 2009
Jennifer NelsonSix years after the city of Indianapolis amended its adult-business ordinances, the 7th Circuit Court of Appeals has ordered
the District Court to hold an evidentiary hearing on whether the restricted hours in the new ordinance violate the businesses'
constitutional rights.
MoreCourt rules on transfer to California court
September 3, 2009
Jennifer NelsonThe Indiana Supreme Court affirmed a trial court's decision to relinquish its jurisdiction over child support matters
to a California trial court. In its opinion, the high court examined the interplay between the Full Faith and Credit for Child
Support Orders Act and the Uniform Interstate Family Support Act.
MoreJudge: Officer is entitled to qualified immunity
September 3, 2009
Jennifer NelsonA federal judge ruled in favor of a defendant police officer in a suit alleging he conducted a warrantless and unreasonable
search of a home to find a gun mentioned in a 911 call.
MoreFirst impression in jury rule issue
September 2, 2009
Jennifer NelsonThe participation of alternate jurors in discussions of evidence during recesses from trial, as allowed under Indiana Jury
Rule 20(a)(8), doesn't violate Indiana statute that prevents alternates from participating in deliberations. The Indiana
Court of Appeals ruled on the matter for the first time today.
MoreHigh court rules on post-judgment interest
September 2, 2009
Jennifer NelsonThe Indiana Supreme Court granted transfer to a case in order to clarify precedents on post-judgment interest in dissolution
cases. The high court held that the dissolution statutes give a court the option to either assess interest or not in the course
of fashioning a just division of assets.
MoreCourt erred in denying court-appointed counsel
September 2, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a man's convictions because the trial court failed to adequately ascertain whether
he was indigent for purposes of court-appointed counsel.
MoreAmendment doesn't affect sentence
September 1, 2009
Jennifer NelsonEven though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence,
he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment
to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.
MoreJudges disagree on search validity
August 31, 2009
Jennifer NelsonOn remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed
the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because
she believes the search of the vehicle was unreasonable in light of the recent ruling.
MoreAmended ordinance doesn't apply to travel plaza
August 31, 2009
Jennifer NelsonAn Allen Superior Court correctly ruled that a travel plaza had a vested right to develop its plans under an original zoning
ordinance, the Indiana Court of Appeals affirmed today.
MoreJudges disagree on remand instructions
August 28, 2009
Jennifer NelsonIndiana Court of Appeals judges unanimously agreed today that a defendant's petition for expungement of his arrest shouldn't
have been denied by the trial court, but they disagreed as to what should happen on remand.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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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.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.