Court opinions

Court of Appeals rules that blinking turn signal not enough to support drug conviction

October 19, 2012
Marilyn Odendahl
Finding that the continuous use of a turn signal without turning does not justify a traffic stop, the Indiana Court of Appeals threw out a conviction for possession of marijuana.
More

Prosecutor error insufficient to reverse murder conviction

October 19, 2012
Dave Stafford
A prosecutor improperly presented facts that were not in evidence and inflamed the passions and prejudices of jurors in a murder trial, but his improper conduct didn’t rise to the level of reversible error, the Indiana Court of Appeals ruled Friday.
More

Judges order habitual offender enhancement vacated

October 18, 2012
Jennifer Nelson
A post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender enhancement, finding a case decided after the man’s direct appeal applies retroactively.
More

10 schools to schedule girls’ basketball on Friday, Saturday nights

October 17, 2012
Jennifer Nelson
By the 2016-2017 school year, boys’ and girls’ varsity basketball games at one high school will be equally scheduled on Friday and Saturday nights, according to a consent decree entered Monday in federal court. The agreement comes after a lawsuit challenged that girls’ games are typically scheduled on school nights or other non-preferred times.
More

Justices uphold denial of benefits for fired employee

October 17, 2012
Jennifer Nelson
Indiana Justice Steven David authored a unanimous opinion Wednesday in which the court held “when the facts of a case support more than one statutory ground for discharge, we are not confined to narrowly review the [Indiana Department of Workforce Development] Review Board’s decision when the facts point to the Review Board’s ultimately correct conclusion.”
More

COA affirms $55k judgment for couple who purchased wind turbine

October 17, 2012
Jennifer Nelson
The Indiana Court of Appeals found that a St. Joseph Superior judge applied the correct legal standard in determining that a company breached a contract with a couple that purchased a wind turbine that failed to live up to the company’s claims.
More

Judges uphold family has no right of access through neighbor’s property

October 17, 2012
Jennifer Nelson
A family claiming that for more than 50 years they had an easement to access portions of their land through a neighbor’s property lost before the Indiana Court of Appeals.
More

Court upholds conviction for theft of water heater

October 16, 2012
Jennifer Nelson
The Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.
More

Court orders BMV to hold hearing on whether felon can get ID

October 12, 2012
Jennifer Nelson
A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.
More

Delayed ordinance publication doesn’t affect power to annex

October 12, 2012
Jennifer Nelson
Landowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should have barred the annexation.
More

COA affirms 5 child molesting convictions

October 11, 2012
Jennifer Nelson
The admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County was not a fundamental error, the Indiana Court of Appeals held Thursday.
More

Attorneys not entitled to fees after agency drops order

October 11, 2012
Jennifer Nelson
Addressing for the first time what qualifies as a “prevailing party” under the Equal Access to Justice Act, the 7th Circuit Court of Appeals sided with several other appellate courts that have ruled on the issue.
More

Court rules in favor of state in taking of property for I-69

October 11, 2012
Jennifer Nelson
For the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in southwestern Indiana for construction of Interstate-69.
More

Judges order Social Security Administration to take another look at man’s claim

October 10, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has reversed the denial of a man’s request for disability benefits from the Social Security Administration because it found the administrative law judge didn’t adequately explain why the man hadn’t met requirements for a presumptive disability.
More

Court upholds imposition of court costs

October 10, 2012
Jennifer Nelson
The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.
More

COA split over whether DCS has authority to interview sibling

October 10, 2012
Jennifer Nelson
An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.
More

Criminal recklessness code covers firing gun into car

October 9, 2012
Dave Stafford
A car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former gang ally was a passenger in Goshen.
More

COA finds church member’s lack of brotherly love not sufficient to uphold conviction

October 9, 2012
Marilyn Odendahl
A criminal conviction that resulted from church member’s demand for quiet during a worship service has been overturned by the Indiana Court of Appeals on the grounds that the evidence was insufficient to sustain the conviction.
More

Divided appeals court tosses Boonville annexation

October 9, 2012
Dave Stafford
The Indiana Court of Appeals reversed a trial court decision that upheld an annexation by the city of Boonville, finding that the trial court erred in counting separate state-owned parcels of a highway for purposes of remonstrance.
More

COA will not reweigh California environmental cleanup decisions

October 9, 2012
Dave Stafford
The Indiana Court of Appeals ruled Tuesday that it would not reweigh California court decisions in favor of insurers who had no responsibility to cover environmental cleanup costs at former Thomson plants.
More

Court of Appeals reverses and remands inmate’s request for kosher meals

October 9, 2012
Marilyn Odendahl
A Pendleton Correctional Facility inmate will not be able to collect monetary damages against employees of the Indiana Department of Correction, but his request for kosher meals will get a second review.  
More

Divided appeals court affirms disabled firefighter’s enhanced PERF benefit

October 9, 2012
Dave Stafford
A Brownsburg firefighter is entitled to disability benefits that a trial court enhanced after an appeal from the local pension board, a divided court of appeals panel ruled Tuesday.
More

Divided court affirms sentence that exceeds statutory authority

October 9, 2012
Dave Stafford
A man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the term, a divided Court of Appeals ruled Tuesday.
More

Indiana farmer’s tangle with seed producer over patent infringement gets SCOTUS review

October 8, 2012
Marilyn Odendahl
The Supreme Court of the United States has agreed to review a federal appeals court decision regarding patent infringement in a case involving an Indiana farmer and a seed producer.
More

Weinberger seeks sentence of time served

October 8, 2012
Dave Stafford
Former Merrillville ear, nose and throat doctor Mark Weinberger on Monday asked a federal court to sentence him to time served for the 22 counts of health care fraud to which he pleaded guilty.
More
Page  << 91 92 93 94 95 96 97 98 99 100 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

ADVERTISEMENT