Court opinions

Doctrine of res judicata stops property owner’s motion

August 1, 2013
Marilyn Odendahl
A property owner’s attempt to file a separate action against a court-appointed receiver was derailed by the Indiana Court of Appeals under the doctrine of res judicata.
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Delayed submission of filing fee compared to dilemma created by a $7 horse-shoe nail

July 31, 2013
Marilyn Odendahl
In overturning the trial court’s ruling, the Indiana Supreme Court compared the case to Poor Richard’s admonition: “For want of a Nail the Shoe was lost; for want of a Shoe, the Horse was lost; and for want of a Horse the Rider was lost, being overtaken and slain by the enemy, all for want of Care about a Horse-shoe Nail.”
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COA clarifies jury issue in Richmond student death case

July 31, 2013
Dave Stafford
The Indiana Court of Appeals granted a rehearing in a wrongful death lawsuit filed against a public school corporation by the family of a student with Down syndrome who died after choking at school, refining a question to be presented to a jury.
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Prosecutor’s closing argument deprived defendant of fair trial

July 31, 2013
Marilyn Odendahl
A man convicted of sexual misconduct with a minor will get a new trial after the Indiana Court of Appeals found the prosecutor’s zealous statements made to a jury during closing arguments deprived the man of a fair trial.
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7th Circuit revives workplace religious discrimination suit

July 31, 2013
Dave Stafford
A Nigerian employee who asked his employer for time off work to attend his father’s burial rights and was fired when he returned is entitled to a day in court, the 7th Circuit Court of Appeals held Wednesday.
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7th Circuit affirms residential search based on ‘nonverbal cues’

July 31, 2013
Dave Stafford
A warrantless search was not a violation of the Fourth Amendment of the U.S. Constitution because the defendant consented through nonverbal cues, the 7th Circuit Court of Appeals ruled Wednesday.
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Indiana ‘miscarriage of justice’ splits 7th Circuit judges 5-4

July 31, 2013
Dave Stafford
A majority of nine 7th Circuit Court of Appeals judges narrowly denied rehearing en banc for an Indiana man whose sentence was erroneously calculated. A dissenting judge called the case a “miscarriage of justice.”
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Family did have notice that expert pulmonologist was going to testify as pathologist

July 31, 2013
Marilyn Odendahl
In reviewing a dispute over testimony given by expert witnesses, the Indiana Court of Appeals sees no reason to hold a new trial. 
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7th Circuit: Machine gun possession not violent crime

July 31, 2013
Dave Stafford
A man’s conviction on federal firearm charges was vacated Tuesday when the 7th Circuit Court of Appeals ruled that possession of machine guns was not violent crime, citing a case earlier this year that applied the same rationale to possession of sawed-off shotguns.
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Spur-of-the-moment burglary spree does not support corrupt business influence conviction

July 31, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found that an impromptu burglary spree that lasted less than 48 hours does not meet requirements for a corrupt business influence conviction.
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COA: Lingering odor of burnt marijuana does not justify warrantless search

July 31, 2013
Marilyn Odendahl
No possibility of danger or smell of marijuana was evident, and that was enough to convince the Indiana Court of Appeals to suppress evidence found during a police officer’s search of a motorist’s backpack.
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COA finds trial court acted within its discretion when calculating father’s actual income

July 30, 2013
Marilyn Odendahl
A father’s messy financial statements do not prevent a trial court from doing its own calculations and increasing his weekly child support payments, the Indiana Court of Appeals has ruled.
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Undisputed will makes daughter’s appointment as special administrator improper

July 30, 2013
Marilyn Odendahl
Because the special administrator provision in the Indiana Code did not apply, the Indiana Court of Appeals has ruled the trial court did not abuse is discretion when it removed a special administrator of an estate without considering the state statute.
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Judges disagree on whether Rhode Island law applies in wrongful death case

July 25, 2013
Jennifer Nelson
A Court of Appeals judge dissented from her colleagues’ decision that Rhode Island law should apply in awarding a wrongful death settlement because she believed that the Rhode Island court would have found Indiana law applies.
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7th Circuit addresses 'khat' convictions for first time

July 25, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has ruled on many types of drug cases, but was presented with a new drug to consider for the first time: “khat,” a popular drug among the Somali community.
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Sex offender not eligible to participate in county diversion program

July 25, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for judicial review after he was denied placement by the court in the Vanderburgh County Forensic Diversion Program. The COA held that there was no final administrative decision for the court to review.
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‘Am I going to need an attorney?’ is not request for attorney, rules COA

July 25, 2013
Jennifer Nelson
A suspect’s question during interrogation as to whether he’d need an attorney is not considered a request for an attorney, thus requiring police to stop interrogating him, the Indiana Court of Appeals ruled Thursday.
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COA orders court grant petition to set aside tax deed

July 25, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a trial court’s reasoning in denying a petition to set aside a tax deed that a county auditor was excused of the duties imposed under statute because compliance wouldn’t have resulted in a property owner actually receiving notice of a tax sale.
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7th Circuit: Attorney’s deficient performance prejudiced defendant

July 24, 2013
Jennifer Nelson
Finding that an appellate attorney opted for a “hopeless sufficiency challenge” instead of the obvious claim challenging the validity of an amended information that elevated a charge to murder, the 7th Circuit Court of Appeals reversed the denial by the federal court of the man’s petition for writ of habeas corpus.
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COA: Police escort into home does not violate 4th Amendment

July 24, 2013
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.
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COA: Court must hold another hearing on custody

July 23, 2013
Jennifer Nelson
A trial court may refuse to approve a settlement agreement entered into by parents regarding custody of minor children, the Indiana Court of Appeals pointed out Tuesday, but in this case, the court erred by not granting the father’s motion for a continuance regarding his mental health evaluation.
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Appeals court orders more proceedings in pulley lawsuit

July 23, 2013
Jennifer Nelson
Finding the trial court shouldn’t have granted summary judgment in favor of a distributor on a buyer’s claim of breach of implied warranty of merchantability regarding pulleys provided by the distributor, the Indiana Court of Appeals remanded to the trial court to take another look at the issue.
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Sewer district owed refund in easement dispute

July 22, 2013
Jennifer Nelson
The Indiana Court of Appeals ordered the White Circuit Court clerk to refund the thousands of dollars a sewer district overpaid in damages for easements on a couple’s property to construct sewers. The appellate court held that the trial court improperly admitted the court-appointed appraisal report.
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COA affirms second imposition of habitual-offender enhancement

July 22, 2013
Jennifer Nelson
A Tippecanoe County man whose sentence enhancement for being a habitual offender was overturned by the Indiana Supreme Court – but later re-imposed after a retrial – was unable to convince the Indiana Court of Appeals that his retrial was barred by res judicata.
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Search of man, car that led to drug arrest constitutional, COA rules

July 18, 2013
Jennifer Nelson
The Indiana Court of Appeals concluded Thursday that the search of the man who supplied cocaine to buyers as well as the search of his car did not violate state and federal constitutions.
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