Court opinions

Reversal: Bank’s refiled foreclosure 'disingenuous,' 'improper'

April 6, 2015
Dave Stafford
A bank won summary judgment in a refiled mortgage foreclosure suit against a bankrupt couple after its first complaint was dismissed, but the Indiana Court of Appeals slapped down the trial court ruling Monday and dismissed the case.
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Tax Court affirms ruling in favor of KinderCare on educational exemption

April 1, 2015
Jennifer Nelson
The Indiana Board of Tax Review did not err when it determined property on which a KinderCare Learning Center sits qualified for an educational purposes exemption for the 2009 tax year, the Indiana Tax Court ruled Wednesday.
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7th Circuit affirms Outlaws members’ convictions, remands over suspicionless search condition

April 1, 2015
Jennifer Nelson
Three members of the Indianapolis Chapter of the Outlaws Motorcycle Club lost their appeals before the 7th Circuit Court of Appeals Tuesday, however, the judges did decide that one man’s probation condition needs further consideration.
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COA reverses ruling in favor of couple who kept alpacas in residential area

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a Lake County court erred when it denied the county’s request for an injunction to prevent a couple from keeping alpacas on their property to raise for business purposes.
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Court finds railroad’s arguments over dam don’t hold water

March 31, 2015
Jennifer Nelson
Because a railroad company failed to prove there are no genuine issues of material fact regarding its defense to a breach of covenant claim against it concerning the maintenance of a dam, the Indiana Court of Appeals reversed summary judgment in its favor and remanded for further proceedings.
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Questions exist as to whether fiduciary duty was breached

March 31, 2015
Jennifer Nelson
There is sufficient evidence to create genuine issues of material fact as to whether a shareholder breached its fiduciary duty owed to other shareholders and whether it committed constructive fraud by remaining silent about two businesses’ financial states, the Indiana Court of Appeals ruled Tuesday.
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Ambiguous probation condition leads to reversal of violation finding

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the revocation of a woman’s probation after two judges ruled the probation condition at issue is ambiguous regarding whether and when she had to report an arrest while on probation for a charge that allegedly occurred before the probation began.
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Court upholds convictions from controlled drug buys

March 31, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that his two Class B felonies for dealing in cocaine should be reversed based on prosecutorial misconduct and his limited cross-examination of the state’s confidential informant.
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COA orders man resentenced with credit time considered

March 31, 2015
Jennifer Nelson
Although the Indiana Court of Appeals disagreed with a defendant’s argument on appeal, it still found the trial court erred when it ordered him to serve the entirety of his original sentence without any credit time for time spent on home detention.
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SCOTUS says lawyer’s brief absence doesn’t merit retrial

March 30, 2015
 Associated Press
The  Supreme Court of the United States says a Michigan man convicted of murder and armed robbery does not deserve a new trial even though his lawyer was absent for 10 minutes during the original trial.
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Similar entrapment argument brings different COA ruling

March 30, 2015
Marilyn Odendahl
Again faced with the question of whether a defendant had been entrapped by an undercover detective posing as a prostitute, the Indiana Court of Appeals affirmed the lower court, reaching a different conclusion than they had in a similar case a year earlier.
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Split COA reinstates State Fair stage collapse suit

March 30, 2015
Dave Stafford
The company that leased a temporary stage that collapsed in a windstorm killing seven and injuring dozens prevailed in overturning a trial court ruling in favor of the Indiana State Fair Commission. A dissenting appellate judge wrote that the majority placed form over substance in shifting liability to the state.
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Panther Racing suit against IndyCar, Rahal Letterman tossed

March 27, 2015
Dave Stafford
A federal breach-of-contract lawsuit alleging damages of more than $17 million resulting from an IndyCar sponsorship dispute has been dismissed.
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COA splits over jury instruction, affirms conviction

March 27, 2015
Marilyn Odendahl
Although the Indiana Court of Appeals split over whether the jury instruction was erroneous, the panel was unanimous in upholding the defendant’s conviction for theft from Walmart.
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Dispute over beach ownership heading back to trial court

March 26, 2015
Marilyn Odendahl
Property owners along Lake Michigan will have another chance to make their arguments in a dispute over which part of the beach belongs to them and which belongs to the public.
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Driving 91 mph in 55 zone supports reckless driving verdict

March 26, 2015
Dave Stafford
A driver’s argument that his speed of 91 mph on a 55-mph country road was insufficient evidence of endangerment cut no ice with the trial court, and the Indiana Court of Appeals agreed Thursday.
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Justices agree to rewrite footnote conflicting with opinion

March 26, 2015
Dave Stafford
The Indiana Supreme Court agreed to rewrite a footnote that was at least confusing if not in conflict with its opinion in a case reviewing an action of the Department of Insurance.
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Plaintiffs in bar shooting were owed protection

March 25, 2015
Marilyn Odendahl
When a customer pulled a gun and started shooting, the bar had a well-established duty to protect its other customers, the Indiana Court of Appeals has ruled.
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State statute protects taxpayers from loan dispute

March 25, 2015
Marilyn Odendahl
Ruling that taxpayers should not be penalized for a bank’s lack of diligence, the Indiana Court of Appeals has held a financial institution cannot recoup the outstanding balance on a loan for a fire truck.
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Justices spell out required 'presumption of innocence' jury instruction

March 25, 2015
Dave Stafford
A convicted murderer who didn’t receive a requested jury instruction on the presumption of innocence lost his appeal Wednesday, but the Indiana Supreme Court used the case to impart an exact instruction trial courts must use going forward upon request.
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COA reverses neglect resulting in death verdict against mom

March 25, 2015
Dave Stafford
An Indianapolis mother was wrongly convicted of neglect of a dependent child resulting in death, the Court of Appeals ruled Wednesday in reversing the jury’s verdict. Judges found evidence against Chelsea Taylor was insufficient to support the conviction.
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Bragging is admissible in court, COA rules

March 25, 2015
Marilyn Odendahl
A defendant’s statement to law enforcement that he could “read” people was a boast and not a character reference, according to the Indiana Court of Appeals, so it was admissible at trial.
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Termination of parental rights waiting period requires no services

March 25, 2015
Dave Stafford
Parents of children removed from the home for 15 of the prior 22 months before a hearing on termination of parental rights may not argue that a lack of services during that time tolls the waiting period, the Indiana Court of Appeals ruled Wednesday.
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COA reverses lease judgment for tenant, finds for landlord

March 25, 2015
Dave Stafford
A medical office that leased space from a landlord lost a judgment in its favor in a dispute over owed rent. The Indiana Court of Appeals reversed and ordered judgment in favor of the property owner.
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Lawyer who tried to trade representation for sex suspended

March 24, 2015
Dave Stafford
A former Marion County public defender accused of offering to trade legal service for sex with a prostitute has been suspended from the practice of law.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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