Court opinions

Appellate court affirms arbitration on claims against college

March 29, 2011
Michael Hoskins
With one judge frustrated that Indiana residents and students may have been “hornswoggled” by a college’s advertisements about being accredited, the Indiana Court of Appeals has upheld an order compelling arbitration on a claim that three students were fraudulently induced to enroll because of misrepresentation about that accreditation.
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Justices: Belated appeals rule doesn’t apply to probation revocations

March 29, 2011
Michael Hoskins
The Indiana Supreme Court has put its stamp of approval on an intermediate appellate panel’s ruling last year, finding that the state’s existing Post-Conviction Rule 2 that allows for belated appeals on certain criminal cases doesn’t apply to probation revocations.
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7th Circuit upholds tax, fraud conviction against attorney, wife

March 28, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the finding that a Brownsburg attorney and his wife fraudulently withheld their 2001 income from the Internal Revenue Service through an elaborate shell game.
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COA: Township not required to pay for private school shuttle

March 28, 2011
Jennifer Nelson
A school township in Marion County isn’t legally required to transport nonpublic school students to their private schools, the Indiana Court of Appeals affirmed.
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COA cites double jeopardy clause in reversal of conviction

March 25, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that a truck driver who caused an accident that killed a highway worker should not have been convicted of two Class C felonies, citing double jeopardy standards.
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Judges split on child support modification

March 25, 2011
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism over fairness and legalism over common sense.”
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COA denies Miranda rights appeal in drunken driving case

March 24, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court’s decision that a man arrested for drunken driving was not entitled to counsel or a Miranda warning when police asked for his consent to a blood draw because he was not being interrogated at the time.
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COA upholds convictions of man who planned to kill attorney, judge, ex-wife

March 22, 2011
Jenny Montgomery
The Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney, and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the conviction.
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Circuit Court affirms judgments against 2 ex-IMPD narcotics officers

March 22, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has found nothing wrong with the convictions or sentence of two former Indianapolis narcotics detectives brought down by their involvement in an illegal drug scheme to supplement their income as police officers.
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Court rules on early retirement benefits case

March 17, 2011
Michael Hoskins
Employees who accept early retirement even in the worst economic times aren’t entitled to continued unemployment assistance, the Indiana Court of Appeals ruled today.
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7th Circuit upholds qualified immunity for DCS workers

March 16, 2011
Jennifer Nelson
Although sympathetic to a couple whose child was temporarily removed from the family’s home on child abuse concerns – a removal that was subsequently found not to be supported by probable cause –  the 7th Circuit Court of Appeals affirmed summary judgment for Department of Child Services employees on qualified immunity grounds.
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Judges split on whether 2 insurers must pay for damage

March 15, 2011
Jennifer Nelson
An Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of the responsible party’s insurers had to pay for the property damage.
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High court takes 4 cases

March 15, 2011
IL Staff
The Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert exemptions in garnishment actions on behalf of pro se debtors.
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7th Circuit reverses on relation back issue

March 14, 2011
Jennifer Nelson
A plaintiff attempting to sue his employer for breach of contract should have been able to file an amended complaint with relation back to the date of the original complaint in order to correct the defendant even though the statute of limitations had expired, the 7th Circuit Court of Appeals concluded today.
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Judges affirm insurer has no duty to defend

March 14, 2011
Jennifer Nelson
The Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.
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7th Circuit takes girls' basketball schedule case

March 11, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals will decide whether several Indiana school corporations discriminate against girls’ basketball teams by scheduling more of their games on weeknights as compared to the boys’ basketball games.
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Trial court should decide educational credit time

March 11, 2011
Jennifer Nelson
A trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
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COA reverses marijuana conviction based on intent

March 8, 2011
Rebecca Berfanger
The majority of an Indiana Court of Appeals panel today reversed a conviction of marijuana possession after the defendant contended there was insufficient evidence that she constructively possessed the drug.
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Man still fighting dismissal of bar exam suit

March 3, 2011
Michael Hoskins
The man who sued the Indiana Supreme Court and state Board of Law Examiners because he wants to take the bar exam without going to law school wants a federal judge to reopen his case, arguing that he has no other legal recourse available and the court’s refusal to allow relief is contrary to established precedent.
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Judges uphold IATC’s issuance of alcohol dealer permits

March 3, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner it has for the last 30 years.
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Porter County can't leave RDA

March 2, 2011
Jennifer Nelson
A northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate economic development, the Indiana Court of Appeals held Wednesday.
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Competitor lacks standing for judicial review

March 2, 2011
Jennifer Nelson
A trial court was correct in dismissing the petition for judicial review from a liquor wholesaler who challenged the issuance of a wine and liquor permit to a competitor because the wholesaler lacked standing, ruled the Indiana Court of Appeals.
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Change sought for 3rd murder trial

March 2, 2011
Michael Hoskins
Defense attorneys for former Indiana State Police trooper David Camm have asked the state’s intermediate appellate court to accept an interlocutory appeal and decide whether a special judge should have appointed a new prosecutor to preside over the man’s third trial.
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COA adopts common-sense rule on providing insurance policies

March 1, 2011
Michael Hoskins
The Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.
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First impression case tackles wetlands issue

February 28, 2011
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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