Court opinions

7th Circuit affirms drug conspiracy judgments, cautions prosecution

December 3, 2012
Dave Stafford
Nine defendants who were convicted in federal court of drug conspiracy for distributing methamphetamine and marijuana will continue to serve their sentences after the 7th Circuit Court of Appeals affirmed the judgments but issued cautions for federal prosecutors.
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Religious bent of Indiana’s marriage statute is not unconstitutional, federal court rules

December 3, 2012
Marilyn Odendahl
The Center For Inquiry, a non-profit that promotes a secular society based on science and reason, plans to appeal a federal court’s ruling that Indiana’s Solemnization Statute is constitutional.
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COA affirms sex offender’s removal from registry

December 3, 2012
Dave Stafford
A man convicted of rape in Pennsylvania in 1993 is not required to register as a sex offender in Indiana, the Court of Appeals affirmed Monday.
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Disciplinary Commission overreached, justices agree

November 30, 2012
Dave Stafford
An Ohio attorney who argued his disciplinary case in a rare public forum before the Indiana Supreme Court prevailed as justices said the Indiana Disciplinary Commission’s arguments failed.
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COA rejects insurer’s new arguments

November 30, 2012
Marilyn Odendahl
An insurance provider was unsuccessful in its attempt to convince the Indiana Court of Appeals to change its mind that the company has a duty to indemnify or defend.
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Appeals court reverses adoption; birth mother denied due process

November 30, 2012
Dave Stafford
A Jasper County mother was denied due process when her children were allowed to be adopted while the birth mother’s appeal of her termination of parental rights was pending, the Indiana Court of Appeals ruled Friday.
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COA affirms order Amish connect to sewer system

November 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld a trial court’s decision to deny setting aside agreements several members of the Old Order Amish near Loogootee made to connect to a sewer system and the order that a couple hook up to the system.
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Latin Kings gang member, 2 others sentenced

November 29, 2012
IL Staff
A member of the Latin Kings street gang and two associates have been sentenced to prison for racketeering conspiracy and other crimes in support of the gang, the U.S. Attorney’s Office in the Northern District of Indiana announced Thursday.
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COA divided over dismissing fired HR director’s complaint

November 28, 2012
Jennifer Nelson
The Indiana Court of Appeals was split over whether Delaware County commissioners could terminate the contract of the Board of Commissioners’ human resources director after two new members were elected to the board.
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Judges uphold 10-year suspension of driver’s license

November 28, 2012
Jennifer Nelson
A Porter County man who fought the Bureau of Motor Vehicles' decision to suspend his license for being a habitual traffic violator lost his case before the Indiana Court of Appeals.
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COA rules in favor of remodeler on unhappy client’s claim

November 27, 2012
Jennifer Nelson
Finding the Clark Circuit Court erred in considering parol evidence when denying a remodeler’s motion for summary judgment, the Indiana Court of Appeals found the lower court should grant his motion on a lawsuit brought by a client for negligently performing work on her home.
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Justices hear arguments in Ball State case

November 26, 2012
Jennifer Nelson
In a case that hinges on the definition of “supervisor,” the United States Supreme Court heard arguments Monday morning in a lawsuit filed by a Ball State University employee.
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Court affirms man’s conviction of murder, feticide enhancement

November 21, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that the state should have to prove that he knew his estranged wife was pregnant when he killed her in order to seek a sentence enhancement under the Indiana feticide enhancement statute.
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Court correctly dismissed man’s motion to correct sentence

November 21, 2012
Jennifer Nelson
The Indiana Court of Appeals found the Clay Superior Court was right in dismissing a man’s pro se motion to correct his sentence stemming from drug convictions in 1994.
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COA orders man removed from Ind. sex offender registry

November 21, 2012
Jennifer Nelson

Nearly three months after hearing arguments on Thomas H. Andrews’ request that he should not have to register in Indiana for a conviction in Massachusetts in 1984, the Indiana Court of Appeals has ordered that he be removed from Indiana's sex-offender registry.

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State urges justices to draw ‘bright line’ on school choice vouchers

November 21, 2012
Dave Stafford
Indiana Solicitor General Thomas Fisher on Wednesday urged the Indiana Supreme Court to uphold the state’s school choice voucher program, arguing that it did not constitute an unconstitutional government support of religion.
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Trial court properly retained 1 juror, dismissed other

November 21, 2012
Jennifer Nelson
A defendant who argued that a Marion Superior Court should have dismissed a juror after she stood near the defendant and his attorney briefly during a recess, but should not have replaced the juror who claimed she wasn’t comfortable rendering a decision, lost before the Court of Appeals Wednesday.
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Order compelling Star to name online commenter stayed after arguments

November 20, 2012
Dave Stafford
The Indianapolis Star won’t have to divulge the identity of an online commenter pending further order of the Indiana Court of Appeals, which heard arguments in a defamation case on Tuesday.
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COA finds trial court’s error in sentencing was harmless

November 20, 2012
Marilyn Odendahl
A trial court’s error in considering an arrest record as evidence of criminal history was harmless, the Indiana Court of Appeals ruled, because the aggravators and mitigators would have led the lower court to impose the same sentence.
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Man loses appeal of suit against sheriff, jail medical staff

November 20, 2012
Jennifer Nelson
A man who was held in Delaware County jail for nine days before he was released because no charges were filed sued the county sheriff and jail medical staff alleging indifference to his serious medical condition. The 7th Circuit Court of Appeals upheld the grant of summary judgment in favor of the defendants.
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Appellate panel affirms foreclosure, cites lack of meritorious defense

November 20, 2012
Dave Stafford
An Allen County plaintiff whose home was foreclosed lost her appeal Tuesday when a panel of the Indiana Court of Appeals held that she had not demonstrated a meritorious defense.
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Former officer’s convictions of bribery, attempted extortion affirmed

November 20, 2012
Jennifer Nelson
The sentence of the Indianapolis Metropolitan Police Department major and city-county counselor convicted last year for attempted extortion and bribery for his role in trying to get zoning approval for a proposed strip club has been upheld by the 7th Circuit Court of Appeals. Lincoln Plowman claimed that he should have been allowed to argue entrapment to the jury, which the District Court precluded.
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COA reverses order requiring victim to pay attorney fees

November 20, 2012
Dave Stafford
A man who claims he was struck by a vodka bottle that resulted in 18 stitches won’t have to pay attorney fees to a woman against whom he had been awarded a protective order, the Court of Appeals ruled Tuesday, reversing a lower court order.
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Trial that OK’d Jasper energy plant conversion error-filled

November 19, 2012
Dave Stafford
A judge who ruled against opponents of the conversion of a former coal-fired energy plant in Jasper abused her discretion on a series of matters, the Indiana Court of Appeals held Monday in reversing a bench trial that found for the city.
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Legislature intended to make failure to report child abuse a continuing offense

November 16, 2012
Marilyn Odendahl
A high school coach’s failure to report child abuse is a continuing offense to which the statute of limitations does not apply, the Indiana Court of Appeals ruled.
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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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