Court opinions

COA affirms man not falsely arrested, imprisoned

November 4, 2010
Jennifer Nelson
The Indiana Court of Appeals declined to address whether a pro se prisoner is “incapacitated” for purposes of the Indiana Tort Claims Act in a man’s appeal of his suit involving false arrest and false imprisonment.
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COA upholds denial of post-conviction relief

November 3, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.
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High court takes 3 cases

November 2, 2010
IL Staff
The Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context of a car on the side of the road.
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Judge grants attorney summary judgment in collections suit

November 1, 2010
Jennifer Nelson
A federal judge ruled in favor of an Indianapolis attorney involved in a class-action suit alleging he violated the Fair Debt Collection Practices Act. The judge granted summary judgment to the attorney after finding the class representative fell outside the class definition.
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COA finds voyeurism statute not vague

October 29, 2010
Jennifer Nelson
The state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting a man’s claims that the statute would prevent taping a surprise birthday party.
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Court divides over injury claim under insurance policy

October 29, 2010
Jennifer Nelson
The Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury” under their uninsured motorist coverage.
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Judges split on court's role in garnishments with pro se debtors

October 28, 2010
Jennifer Nelson
The Indiana Court of Appeals was divided on whether a trial court should assert exemptions in garnishment actions on behalf of debtors who aren’t represented by counsel.
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COA reverses motion allowing for release of documents

October 26, 2010
Rebecca Berfanger
The Indiana Court of Appeals today reversed an order from Lake Superior Court that granted a motion to compel the production of documents from the appellant-defendant Allstate Insurance Company.
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Judges send Medicaid case back for review

October 25, 2010
Jennifer Nelson
The Indiana Court of Appeals remanded a Medicaid benefits denial to the Administrative Law Judge because her decision lacked findings of fact making the case mostly unreviewable by the appellate court.
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Judges hold option to buy real estate valid

October 22, 2010
Jennifer Nelson
The purchaser of real estate through an option executed years earlier didn’t make the option unenforceable against the owner’s estate by not tendering the purchase price when exercising his option to buy the land, the Indiana Court of Appeals concluded today.
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Court splits on public intoxication conviction

October 21, 2010
Jennifer Nelson
The Indiana Court of Appeals split today on whether a woman’s conviction of Class B misdemeanor public intoxication should be reversed because she wasn’t in a public place within the meaning of Indiana Code at the time police stopped her car.
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COA: Candidate remains on ballot

October 20, 2010
Jennifer Nelson
The Republican winner of the primary election for Indiana House of Representatives District 74 will remain on the ballot for the general election, the Indiana Court of Appeals ruled today.
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Juvenile's records not protected by counselor/client privilege

October 20, 2010
Jennifer Nelson
The Howard Superior Court erred in finding that the counselor/client privilege prevented the admission of a son’s counseling records during a custody modification hearing, the Indiana Court of Appeals ruled today.
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Court reverses indeterminate commitment of juvenile

October 14, 2010
Jennifer Nelson
The Indiana Court of Appeals addressed the interplay between sections 6 and 10 of Indiana Code 31-37-19 governing juvenile commitment for the first time today. The judges noted when they are applied separately the sections produce opposite results regarding the purpose of the statutes.   
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Judges define 'courthouse' for first time

October 14, 2010
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.
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Justices order new trial to determine fault in Ford rollover suit

October 14, 2010
Jennifer Nelson
The Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.
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7th Circuit orders lower court to consider a minor participant reduction

October 13, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals vacated a man’s lengthy sentence for transporting drug money because the District Court needs to determine whether the man should receive a minor participant reduction since he only transported money one time.
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Justices side with casinos' interests on card counters, problem gambling losses

October 13, 2010
Michael Hoskins
The Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card counters and holding that pathological gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state regulations.
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Pending dissolution settlement not enforceable upon a party's death

October 12, 2010
Elizabeth Brockett
A property-settlement document is not an enforceable contract if one of the parties dies before the dissolution action is finalized, the Indiana Court of Appeals ruled today.
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Actual notice denies bona fide purchaser defense

October 12, 2010
Elizabeth Brockett
The Indiana Court of Appeals today reversed an interlocutory order and remanded for the trial court to grant prejudgment possession of farm equipment to a company that had security interest in it even though it had been traded to another company.
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Court cuts $42.4 million state back pay award

October 8, 2010
Michael Hoskins
The Indiana Court of Appeals today significantly slashed a $42.4 million damages award against the state, cutting the period from which employees can recover back pay from 20 years to about two months.
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COA rules on military benefits to former spouses

October 8, 2010
Jennifer Nelson
Ruling on the issue for the first time, the Indiana Court of Appeals has held that a military spouse may not, by a post-decree waiver of retirement pay in favor of disability benefits or combat-related special compensation, unilaterally and voluntarily reduce the benefits awarded to the former spouse in a dissolution decree.
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Judge: Girls' basketball games schedule not discriminatory

October 7, 2010
Jennifer Nelson
A federal judge has ruled that 14 school corporations haven’t discriminated against girls’ basketball teams by scheduling more of their games on weeknights instead of weekends as compared to boys’ basketball games.
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Court affirms, denies challenge to DNA evidence, new mid-trial witness

October 6, 2010
Elizabeth Brockett
The Court of Appeals today affirmed a man’s convictions and sentence for felony robbery despite his challenge to whether the trial court properly admitted DNA evidence and allowed the testimony of a witness discovered mid-trial.
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Supreme Court reverses parental-rights termination

October 5, 2010
Elizabeth Brockett
The Indiana Supreme Court reversed a father’s involuntary termination of parental rights today, noting the lack of clear and convincing evidence.
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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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