Court opinions
Student kicked out of IU medical school loses on breach of contract claim
January 30, 2013
Jennifer NelsonAn Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating
couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract
claim.
MoreStatute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor
January 29, 2013
Marilyn OdendahlA Hancock County man will not have his felony conviction reduced to a misdemeanor after the Indiana Court of Appeals ruled
the state statute gives the courts the freedom to decide whether to grant or deny a petition.
MoreCOA reversal of truck forfeiture allows movie fan to drive off into the sunset
January 29, 2013
Marilyn OdendahlIn a reversal of a trial court’s ruling, the Indiana Court of Appeals held that a man who pleaded guilty to selling
pirated movies should not have had his truck taken by the state because violating copyright is not the same as stealing goods
MoreJudges’ ruling in email records case defers to public access counselor
January 29, 2013
Dave StaffordA request for the email records of public officials that simply asks for emails to or from officials over a certain period
of time doesn’t satisfy the Access to Public Records Act, a panel of the Indiana Court of Appeals ruled Tuesday.
MoreState may drop Bei Bei Shuai murder charge after adverse ruling
January 28, 2013
Dave StaffordA judge’s ruling last week barring a medical examiner’s testimony that rat poison ingested by Bei Bei Shuai caused
the death of her newborn daughter should cause the state to consider dropping all charges, Shuai’s defense attorney
said.
MoreDropped charges in habitual offender sentence distinguish conflicting rulings
January 25, 2013
Dave StaffordA defendant who benefited when charges against him were dropped in exchange for a guilty plea is not entitled to relief under
a subsequent Supreme Court ruling weighing the same set of charges, a panel of the Court of Appeals ruled Friday. Judges also
drew distinctions with a conflicting COA opinion.
MoreTeen father not deprived by lack of guardian ad litem in termination judgment
January 25, 2013
Dave StaffordA 15-year-old who fathered a child was not deprived due process because a guardian ad litem wasn’t appointed for him
during proceedings in which his parental rights were terminated.
MoreJustices remand burglary sentence for new hearing on restitution order
January 25, 2013
Dave StaffordA divided Indiana Supreme Court ordered a new hearing for a man convicted of burglary whose restitution order had been thrown
out by the Court of Appeals because of insufficient evidence to support the amount of the award.
MoreCOA rules in favor of grandchildren in will dispute
January 24, 2013
Jennifer NelsonThe Indiana Court of Appeals had to interpret a handwritten will from 1917 in a dispute among those who stood to inherit land
in Benton County. The appellate court determined that the trial court properly ruled that John and Karen LeFebre could collectively
receive a one-third share in the acreage.
MoreAttempted child molestation conviction does not lead to credit restricted status
January 24, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following
his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses
that qualify under the credit restricted felon statute.
MoreRule of lenity doesn’t apply on man’s escape conviction
January 24, 2013
Jennifer NelsonThe rule of lenity doesn’t apply to the case of a Marion County man who tried to break into a home while serving home
detention as a condition of probation, the Indiana Court of Appeals concluded. The judges upheld Diano Gordon’s convictions
of Class D felonies escape and attempted residential entry.
MoreMan wins appeal of case against Indiana Parole Board
January 23, 2013
Jennifer NelsonSeveral conditions of a man’s parole following his conviction of criminal deviate conduct involving an adult –
including prohibitions on spending time with his own children – were found to be overbroad or vague by the Indiana Court
of Appeals Wednesday. The judges reversed the grant of partial summary judgment in favor of the Indiana Parole Board and other
defendants on David Bleeke’s complaint for declaratory and injunctive relief.
More7th Circuit strikes down sex-offender social media ban as unconstitutional
January 23, 2013
Jennifer NelsonIndiana Code 35-42-4-12 prohibiting certain sex offenders from using social networking sites that allow minors to participate
is not narrowly tailored to serve the state’s interest, the 7th Circuit Court of Appeals held Wednesday. The judges
ordered a permanent injunction entered preventing enforcement of the current law.
MoreJudges rule on rehearing that company can hold mechanic’s lien
January 23, 2013
Jennifer NelsonJM Woodworking petitioned the Court of Appeals for rehearing after the court decided in November 2012 that the company could
not hold a mechanic’s lien against property of Fred and Mary Anna Feitler for unpaid bills on the construction of their
home.
MoreCOA: rehearing petition another example of how DCS ‘dropped the ball’ in case
January 23, 2013
Jennifer NelsonThe Indiana Court of Appeals granted the rehearing petitions of the Department of Child Services and a family who had a child
removed from their care and re-examined the family’s federal civil rights claims and claims under the Indiana Tort Claims
Act. The judges also chided DCS’ counsel for submitting a new document in the petition for rehearing that was not part
of the record on appeal.
MoreJudges reverse denial of motion to suppress after car stopped for window tint
January 22, 2013
Jennifer NelsonThe Indiana Court of Appeals concluded on interlocutory appeal that an Indianapolis Metropolitan Police officer lacked reasonable
suspicion when he stopped a man’s car due to the tint on his rear window because the evidence shows the window tint
didn’t justify the stop.
MoreAnniversary of Citizens United decision observed with protest rally
January 21, 2013
Marilyn OdendahlTo mark the third anniversary of the Citizens United decision, nonprofits and community groups held a rally at the
federal courthouse in downtown Indianapolis Friday.
MoreAppeals court upholds dismissal of Star appeal on rehearing
January 18, 2013
Jennifer NelsonThe Indiana Court of Appeals granted The Indianapolis Star’s request for rehearing regarding the court’s
decision to dismiss the newspaper’s appeal of a discovery order, but the court once again voted 2-1 to dismiss the appeal.
MoreCourt properly admitted gun into evidence
January 18, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld a man’s conviction of Class B felony unlawful possession of a firearm by a serious
violent felon, rejecting his argument that the gun he tossed away while running from police should not have been admitted
into evidence.
MoreJudges uphold drug possession conviction, reverse habitual offender enhancement
January 18, 2013
Jennifer NelsonA man who was arrested and charged with Class B felony possession of cocaine because he was within 1,000 feet of a family
housing complex in Elkhart had his conviction upheld by the Indiana Court of Appeals Friday. But the judges reversed a habitual
offender enhancement because the state didn’t prove that John F. Harris III had more than one dealing offense.
MoreJudge dismisses federal right-to-work challenge
January 18, 2013
Jennifer NelsonA U.S. District judge has dismissed a lawsuit filed in Hammond by a labor union challenging the state’s right-to-work
law for failure to state a claim upon which relief can be granted. Chief Judge Philip P. Simon in the Northern District of
Indiana did allow two counts claiming the law violates the Indiana Constitution to proceed in state court.
MoreCOA affirms man’s conviction of intimidating Dearborn County judge
January 17, 2013
Jennifer NelsonA Dearborn County man who posted numerous articles online about a Superior judge who presided over his divorce alleging the
judge was corrupt and a child abuser had his conviction of intimidation related to the conduct upheld by the Court of Appeals
Thursday. But the judges found intimidation convictions relating to a psychologist who performed the custody evaluation and
the judge’s wife could not stand.
MoreINDOT can take Ohio County property for road improvements
January 16, 2013
Jennifer NelsonThe Indiana Court of Appeals found Wednesday that the Indiana Department of Transportation is entitled by law to acquire a
portion of an Ohio County couple’s property to improve State Road 56.
MoreRuling: DOC 'indifferent' to mentally ill inmates
January 16, 2013
Dave StaffordThe opinion from the U.S. District Court in the Southern District of Indiana fits the national trend against isolation policy
for these inmates.
MoreProperty mortgagor, managers owed no duty in case of drowned girl
January 15, 2013
A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and
other defendants after the child drowned in the pool of a house that had been abandoned.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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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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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.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...