Court opinions

7th Circuit affirms inmate has no property interest in fund

February 9, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the decision in the Northern District of Indiana that an inmate has no property interest in prison recreation funds.
More

Evidence supports elevated burglary conviction

February 9, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar twisted her hand.
More

Court erred in granting change of judge

February 8, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the grant of a stepfather’s motion for change of venue from the judge, holding the man is not a party to the underlying paternity action and therefore isn’t entitled to a change of venue from the judge under Indiana Trial Rule 76.
More

High court to hear legislative fines appeal

February 8, 2012
Jennifer Nelson
The Indiana Supreme Court has taken the appeal of a Marion County judge’s decision that ordered Democratic members of the Indiana House be refunded the money withheld from their paychecks due to a walkout in 2011.
More

COA affirms original sentence revision

February 8, 2012
Jennifer Nelson
The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.
More

Court does not have subject matter jurisdiction over child support

February 8, 2012
Jennifer Nelson
In addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in the statutory scheme that leads to the “somewhat absurd result in this case.”
More

Judges affirm credit restricted felon status

February 8, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.
More

Court split on dismissing murder, attempted feticide charges

February 8, 2012
Jennifer Nelson
In a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child, one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the feticide statute.
More

Judges reverse felony sexual battery conviction

February 7, 2012
Jennifer Nelson
Because the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor battery.
More

Homeowners' association can enforce ban on child day care

February 7, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the decision that would allow two homeowners to run a child care operation out of their residences. The homeowners’ association has restrictive covenants in place prohibiting the operation of a child care home.
More

7th Circuit dismisses South Bend's appeal

February 7, 2012
The 7th Circuit Court of Appeals was presented a novel jurisdictional issue Tuesday: whether a municipal land use case can come within the exception to the doctrine of mootness for cases that are capable of repetition yet elude review.
More

Judge orders refund of legislative fines

February 7, 2012
Jennifer Nelson
The Democratic members of the Indiana House who faced fines for failing to attend sessions in protest of right-to-work legislation will be reimbursed any amount withheld in 2011, according to a ruling from Marion Superior Judge David Dreyer. The judge also ordered that any fines imposed this session may not be collected.
More

Governor appoints interim secretary of state

February 6, 2012
IL Staff
After Indiana Secretary of State Charlie White was found guilty of six felony charges Feb. 4, Gov. Mitch Daniels appointed Jerry Bonnet as interim secretary of state. A convicted felon cannot hold statewide office in Indiana.
More

7th Circuit affirms official's termination

February 3, 2012
Jenny Montgomery
The city of Anderson was justified in firing an official who failed to support a mayoral campaign, the 7th Circuit Court of Appeals held Friday.
More

7th Circuit upholds firearm conviction

February 3, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking crime, finding there was sufficient evidence to support the conviction.
More

Appellate court to visit Sellersburg for arguments

February 3, 2012
IL Staff
The Indiana Court of Appeals will travel to a southern Indiana high school to hear a civil case involving First Amendment claims for a police officer’s private statements.
More

Justices uphold driver's license suspension

February 3, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed the suspension of a man’s driver’s license following his conviction of possessing marijuana. While the driver’s license suspension statute generally applies only when the defendant uses the vehicle in the commission of the offense, it’s not required that the defendant must either own or be driving the vehicle when he commits the offense.
More

Personal cars fall under federal act exemption

February 2, 2012
Jennifer Nelson
The billing agent for a central Indiana volunteer fire department can’t bill individuals involved in auto accidents with their personal vehicles for clean-up costs of hazardous substances, according to the 7th Circuit Court of Appeals.
More

7th Circuit affirms man's remanded sentence

February 2, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the 210-month sentence received by a defendant on remand for attempting to coerce or entice a minor to engage in sexual activity.
More

Man loses challenge to denial of admission to Indiana bar

February 2, 2012
Jennifer Nelson
A Kansas attorney who was denied admission to join the Indiana bar can’t bring his suit against various state actors in federal court because of the Rooker-Feldman doctrine, the 7th Circuit Court of Appeals ruled Thursday.
More

7th Circuit reverses in girls' basketball discrimination complaint

February 1, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals issued an opinion Tuesday stating it believes the appellants in a discrimination claim have presented a genuine question of fact that merits further review.
More

Giving fee guidanceRestricted Content

February 1, 2012
Michael Hoskins
Indiana Supreme Court decisions on fee structures lack bright-line rules and have caused questions about practicality.
More

Expert's voice carries weightRestricted Content

February 1, 2012
Michael Hoskins
Indiana Court of Appeals finds single expert can establish standard of care for legal malpractice.
More

Indiana Court Decisions

February 1, 2012
IL Staff
Read for publication opinions from Jan. 12 to 25, 2012.
More

7th Circuit affirms denial of habeas corpus petition

January 31, 2012
Jenny Montgomery
A man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
More
Page  << 81 82 83 84 85 86 87 88 89 90 >> pager
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

ADVERTISEMENT