Court opinions
Panel disagrees in admitting expert testimony
March 5, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled today that a trial court didn't err in allowing into evidence an injured woman's
testimony about medical tests and the cause of her pain.
MoreMan isn't entitled to parental privilege defense
March 4, 2009
Jennifer NelsonIn an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's
home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.
MoreCOA: annexation detailed summary sufficient
March 3, 2009
Jennifer NelsonRuling on the issue of whether or not a city's "detailed summary" of a fiscal plan followed statutory notice
requirements, the Indiana Court of Appeals affirmed judgment today in favor of the city in a suit filed by remonstrators.
MoreJudge: punitive-damage cap unconstitutional
March 3, 2009
Michael HoskinsA Marion County judge has refused to reduce damages in a priest sex-abuse case, saying the punitive damage caps put in place
more than a decade ago are unconstitutional.
MoreCOA: Bank didn't breach duties as trustee
March 2, 2009
Jennifer NelsonAlthough tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank
that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the
bank acted in good faith.
MoreCase requires balancing act by court
February 27, 2009
Jennifer NelsonIn a case requiring the Indiana Court of Appeals to "perform a delicate balance" between making sure a mentally
disabled person wasn't improperly denied his constitutional rights and not penalizing police for non-coercive conduct,
the appellate court affirmed the denial of a defendant's motion to suppress.
MoreTheft case requires special prosecutor
February 27, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a man's request for the reappointment of a special prosecutor because
the original basis for appointing the special prosecutor still existed even after one charge was dropped.
MoreMagistrate: Uniroyal not liable for cleanup costs
February 27, 2009
Michael HoskinsAs a federal magistrate judge puts it, "All good things must come to an end."
MoreCOA: State must prove violation of statute
February 26, 2009
Jennifer NelsonThe Indiana Court of Appeals addressed for the first time today whether under Indiana Code Section 35-48-4-16(b) a defendant
only has the burden of placing the issue in question where the state's evidence hasn't done so.
MoreCourt affirms sentence for non-support of 8 kids
February 24, 2009
Jennifer NelsonA trial court didn't err in imposing three consecutive sentences following a man's guilty plea to three counts of
felony non-support of a dependent because his failure to pay didn't constitute a single episode of criminal activity,
the Indiana Court of Appeals ruled today.
MoreCOA reverses denial of prisoner's petition
February 23, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of an incarcerated man's petition for child support modification after
determining the trial court incorrectly imputed his weekly gross income.
MoreBank wrongfully refused to pay cashier's check
February 20, 2009
Jennifer NelsonIn an issue of first impression as to what circumstances an issuing bank may refuse to pay a cashier's check, the Indiana
Court of Appeals ruled in the instant case the issuing bank wasn't entitled to stop payment on it later.
MoreJustices affirm 1989 murder convictions
February 19, 2009
Michael HoskinsThe Indiana Supreme Court has upheld four murder convictions against a Lakeville man who as a teenager killed his family 20
years ago.
MoreCourt: grandparent visitation survives adoption
February 19, 2009
Michael HoskinsState statute clearly allows grandparent visitation to survive a child's adoption by another biological grandparent, the
Indiana Court of Appeals has ruled.
MoreCourt affirms delay in jury trial for congestion
February 18, 2009
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant's arguments that because his request for a speedy trial was in writing,
his trial should take priority over another man's trial scheduled for the same day.
MoreCounty, court don't have to give back pay
February 17, 2009
Jennifer NelsonA former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief,
the Indiana Court of Appeals ruled today.
MoreCourt rules in favor of town in disannexation suit
February 17, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled in favor of a town in a disannexation order because the plaintiffs in the case didn't
file their complaint for relief until after the statute of limitations had run out.
MoreOutside accounting ordered in LLC dissolution
February 16, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a judgment in favor of one of the owners of a dissolved LLC, finding the trial court
erred when it entered judgment against the other owner personally without ordering an outside accounting of the company's
finances.
MoreOpinion examines history of Fireman's Rule
February 13, 2009
Jennifer NelsonAfter delving into the history of caselaw involving Indiana's Fireman's Rule, the Indiana Court of Appeals determined
a couple's complaint against an Indianapolis strip club is barred by the rule.
MoreCourt upholds sentence-reduction denial
February 12, 2009
Jennifer MehalikEven though a defendant may be eligible for a sentence reduction under new crack cocaine sentencing guidelines, it is up to
the District Court's discretion to grant a reduced sentence, the 7th Circuit Court of Appeals ruled today.
MoreOrder that law firm pay attorney fees reversed
February 12, 2009
Jennifer MehalikThe Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm
in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial
court granted the award.
MoreJudges disagree on if remand is necessary
February 11, 2009
Jennifer MehalikThe Indiana Court of Appeals reversed and remanded a trial court's grant of an ex-wife's petition for additional relief
for funds, finding the trial court didn't hear evidence on certain "critical" factors. The judges on appeal
didn't agree as to whether the case should be remanded.
MoreCourt rules on upward sentence revision
February 10, 2009
Jennifer MehalikThe Indiana Supreme Court held today that appellate courts have the authority to increase a sentence on appeal, but the state
can't initiate or cross-appeal review of the sentence and can't ask for a greater sentence if the defendant doesn't
initiate an appeal.
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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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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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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.