Court opinions

Presence of alternate juror in deliberation room not reversible error

April 4, 2013
Dave Stafford
A man’s conviction of methamphetamine and firearms crimes in the U.S. District Court for the Southern District of Indiana was not prejudiced by the presence of an alternate juror in the deliberation room, the 7th Circuit Court of Appeals ruled Thursday.
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7th Circuit affirms defense verdict in motorcycle crash

April 4, 2013
Dave Stafford
A woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence was improperly admitted, including her statements that the crash was her fault.
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Judges rule on contractor dispute over new FBI headquarters

April 4, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist upon arbitration.
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Lake County murder conviction affirmed

April 4, 2013
Jennifer Nelson
A Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction regarding the presumption of innocence, the Indiana Court of Appeals held.
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COA orders bank’s cause of action reinstated

April 4, 2013
Jennifer Nelson
A Howard Superior Court erred in denying a bank’s motion for relief from the court’s quiet title decree finding the bank no longer held any interest in certain real property owned by a divorcing couple, the Indiana Court of Appeals ruled Thursday.
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Evidence supports animal fighting convictions

April 4, 2013
Jennifer Nelson
A Shelby County man who claimed his devotion to his religious beliefs required him to breed, raise and fight gamefowl had his convictions relating to animal fighting upheld by the Indiana Court of Appeals Thursday.
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7th Circuit: no liability insurance coverage for associate’s error

April 2, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm didn’t timely notify its insurer of a potential malpractice claim.
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Roche owes Marsh Supermarkets $18M for breaking sublease

April 1, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld judgment Monday in favor of Marsh Supermarkets LLC on its complaint alleging that Roche breached a contract to sublease space in the Fishers building that houses Marsh’s headquarters.
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Judges reaffirm reversal of truck forfeiture in pirated movies case

April 1, 2013
Jennifer Nelson
The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the judges ruled a man shouldn’t have had his truck taken by the state because he sold pirated movies from it. But the appellate court again ruled in favor of Michael Curtis.
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Judge allows Corcoran to appeal denial of habeas corpus

April 1, 2013
Jennifer Nelson
Joseph Corcoran, who has been sentenced to death for killing four men in 1997, will be allowed to appeal the denial of his petition for habeas corpus to the 7th Circuit Court of Appeals.
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7th Circuit rules against homeowners on quiet title action

March 29, 2013
Jennifer Nelson
A Hamilton County couple who went into default on their home mortgage loan had the dismissal of their action to quiet title and claims of negligence and unconscionability upheld Friday by the 7th Circuit Court of Appeals.
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Judge: State can’t enforce 2 parts of immigration law

March 29, 2013
Jennifer Nelson
U.S. Judge Sarah Evans Barker has ruled that the state can’t enforce two sections of the Indiana law dealing with immigration: one dealing with arrests and one dealing with the use of consular identification cards for identification.
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Prosecutor can’t grant use immunity to parents of injured infant

March 28, 2013
Jennifer Nelson
The Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
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Mother not denied due process by not having appointed counsel in CHINS case

March 28, 2013
Jennifer Nelson
While disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld the termination of mother J.A.’s parental rights to her son G.P.
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Appeals court tackles sex offender use of social media

March 27, 2013
Jennifer Nelson
Two months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s First Amendment rights.
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COA: Court allowed to admit evidence from man’s home

March 27, 2013
Jennifer Nelson
The Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
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Court erred in striking state’s response as untimely

March 27, 2013
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
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COA reverses vacation of grandparent visitation

March 27, 2013
Jennifer Nelson
Even though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to the grandmother’s lack of standing were waived when they failed to appeal the original order.
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Renovation project raises questions on public bidding

March 27, 2013
Marilyn Odendahl
Contractors claim in lawsuit that a school corporation's financing method circumvented the law.
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Police following drug package wire into home unconstitutional, COA rules

March 26, 2013
Dave Stafford
Police violated Fourth Amendment protections against unreasonable search and seizure when they used a parcel wire to track the opening of a shipment of marijuana in an Indianapolis man’s home, the Indiana Court of Appeals held Tuesday.
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Voucher program stands, Indiana Supreme Court rules

March 26, 2013
Dave Stafford
Indiana’s school voucher program, considered the nation’s widest-reaching, is constitutional, the Indiana Supreme Court unanimously ruled Tuesday.
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Indiana Supreme Court: school vouchers constitutional

March 26, 2013
IL Staff
Indiana’s school voucher program is constitutional, the Indiana Supreme Court unanimously ruled Tuesday.
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Justices order resentencing on habitual offender sentences

March 21, 2013
Jennifer Nelson
The Indiana Supreme Court on Thursday reversed the part of a White Superior Court’s sentencing order that a man who pleaded guilty to theft and being a habitual offender must serve his sentence consecutively with a case out of Tippecanoe County.
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Justices reaffirm ruling on sentence enhancements under habitual offender statute

March 21, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday granted the state’s request for a rehearing in a case in which the justices determined that Anthony Dye’s sentence for unlawful possession of a firearm by a serious violent felon, which was enhanced under the general habitual offender statute, was an impermissible double enhancement.
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COA affirms changing boy’s last name

March 21, 2013
Jennifer Nelson
The mother of a 5-year-old boy was unable to convince the Indiana Court of Appeals that the Marion Circuit Court erred in granting his father’s petition to change the boy’s surname to his last name.
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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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