Court opinions
Opinion 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.
MoreWoman didn't prove she should get new trial
February 6, 2009
Jennifer NelsonFinding a defendant didn't meet her burden of proving her newly discovered evidence claim, the Indiana Court of Appeals
today upheld the denial of her petition for post-conviction relief.
MoreCOA rules on negligence claims in library case
February 6, 2009
Jennifer Nelsonhe Indiana Court of Appeals affirmed summary judgment today in favor of engineering and construction companies in a lawsuit
filed by a central Indiana library, finding the economic-loss doctrine bars the library's negligence claims against the
companies.
MoreCOA: Statements not made in illegal detention
February 5, 2009
Jennifer MehalikThe Indiana Court of Appeals affirmed the denial of a defendant's motion to suppress statements given to authorities while
detained, finding he was legally detained because police already had probable cause to arrest him.
MoreCourt: Church program at school should end
February 4, 2009
Michael HoskinsA church-owned religious education program held on school grounds in Huntington County should be terminated because it violates
the Establishment Clause of the First Amendment, a federal magistrate has ruled.
MoreMan's claims against officers can proceed
February 3, 2009
Jennifer NelsonThe 7th Circuit Court of Appeals reversed summary judgment in favor of police officers in a man's civil suit, finding
the man may have Fourth and Fifth Amendment claims against them.
MoreCOA: Mother not liable for death as gun buyer
January 30, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed summary judgment in a negligence claim in favor of a woman whose husband killed her
daughter with a gun she purchased for him, finding the designated evidence doesn't show proximate cause.
MoreCourt rules on agency record appeals
January 30, 2009
Jennifer NelsonIn two separate opinions, the Indiana Court of Appeals tackled the issue of timely and complete filing of an agency record.
MoreOpinion invites high court to reconsider decision
January 29, 2009
Jennifer NelsonThe Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall
under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound
by the high court's previous ruling.
MoreCOA clarifies unemployment benefits issue
January 29, 2009
Jennifer NelsonThe Indiana Court of Appeals used a case before it as an opportunity to clarify how an employee's eligibility for unemployment
benefits should be determined when the employee is discharged for attendance issues.
MoreTrial court couldn't modify man's sentence
January 28, 2009
Jennifer NelsonFinding the addition of the term "imposed" to an amendment of Indiana Code Section 35-38-1-17(a) in 2005 to be critical
in a man's appeal of his sentence, the Indiana Court of Appeals affirmed the denial of his motion to modify his second
sentence.
MoreCOA: Wife is liable for mortgages
January 27, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure;
however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
MoreJudges differ in stipulation matter
January 27, 2009
Jennifer NelsonA panel of Indiana Court of Appeals judges disagreed on whether a defendant pleaded guilty to the enhancement of his auto
theft conviction based on his previous conviction for a similar crime.
MoreJustices: City can proceed with ELA claim
January 23, 2009
Jennifer NelsonThe Indiana Supreme Court held that the city of South Bend's claim under the Environmental Legal Action statute can continue
because the statute of limitations hadn't run out.
MoreHigh court rules on landlord-tenant dispute
January 22, 2009
Michael HoskinsLandlords must refund a security deposit and can't get money back for property damage if they don't adequately or
timely notify tenants about those claims, but landlords can still recover unpaid rent and other losses, the Indiana Supreme
Court ruled today.
MoreMiscarriage an 'act' in intimidation charge
January 22, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed today a man's conviction of and sentence for intimidation after he threatened his
wife, who recently miscarried. The appellate court ruled the miscarriage fulfilled the "act" part of the charge
as contemplated by Indiana statute.
MoreCourt dismisses photograph suit
January 21, 2009
Jennifer NelsonA man's pro se prisoner suit against the public information officer of a correctional facility and a reporter that he
claimed are responsible for his shooting injury was dismissed Tuesday by a U.S. District Court judge.
MoreCOA adopts 'compromise approach' of theory
January 20, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a man's conviction of child molesting, ruling he failed to prove the trial court
erred by excluding certain evidence regarding his victim.
MoreCircuit Court: Spreadsheets OK as evidence
January 15, 2009
Jennifer NelsonA Terre Haute company and its president lost an appeal of their convictions and sentence for making materially false statement
reports under the Clean Water Act.
MoreCOA: No credit for pretrial home detention
January 14, 2009
Jennifer MehalikThe Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention,
finding the man's rights weren't violated under the federal or Indiana constitutions.
MoreCOA: Policy doesn't cover car in accident
January 13, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled in favor of an insurance company in a suit seeking compensation for damages by the insured's
grandson after a car accident. The appellate court also used the opinion to remind counsel of the rules for filing appendices.
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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.