Courts

COA affirms order to enjoin

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a judgment enjoining some members of a class action suit from pursuing a quiet title action, finding the agreements of a settlement disposed of all claims in property between the class and a company.In Fern E. Firestone, et al. v. American Premier Underwriters Inc. and U.S. Railroad Vest, Corp., No. 06A01-0804-CV-199, the appellate court had to determine whether the trial court erred in ruling that claims brought by Wayne E. Boyd and Bunker Farms to...
More

Insurance write-offs benefit for insured

January 1, 2008
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals ruled write-offs constitute insurance benefits for which an insured has paid directly, and as a result opposing parties in suits can't introduce evidence of write-offs to reduce damage awards. In Brandon Stanley v. Danny Walker, No. 41A01-0610-CV-462, the appellate court looked to courts in other jurisdictions for the answer to whether write-offs negotiated by an insurer amount to an "insurance benefit" and should therefore be excluded when calculating the actual extent...
More

Plea agreement, child support issues granted transfer

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer to one case dealing with child support, and two cases dealing post-conviction relief. The court also granted transfer to three cases involving sex offenders.In the case Marla K. Young v. Timothy S. Young, No. 09A05-0701-CV-52, the Indiana Court of Appeals affirmed in part and reversed in part the trial court's calculation of Timothy's child support obligation. The appellate court found the trial court erroneously calculated Timothy's weekly gross income, and remanded the trial court to add...
More

Dead candidates remain on primary ballot

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals examined state statutes to determine which apply when a candidate dies before the primary but wins the election, an issue the court hadn't tackled before. In Dan Lockard v. Charles Miles and John Mullican, No. 84A04-0708-CV-493, Lockard challenged his loss to Charles Miles in the Terre Haute Democratic primary. Miles died April 18, 2007, nearly three weeks before the May 8 primary, and media in Terre Haute first reported his death April 19. Lockard and Miles were...
More

Online opinions access hits a snag

January 1, 2008
Michael Hoskins
Court-watchers looking online to view Indiana's appellate decisions have been denied two days of opinions because those published rulings were not posted online.A set of three dozen opinions came down Tuesday and Wednesday, but a change last month in how access is provided to those daily rulings meant that only online viewers, those directly involved in a decided case, or those who've traveled to the Indiana Statehouse to inspect opinions knew that any rulings had been released.By noon today, a list...
More

COA to conduct arguments in Syracuse

January 1, 2008
IL Staff
The Indiana Court of Appeals travels north to a Syracuse high school Thursday to hear arguments in a case involving the search and discovery of drugs in a car. In Jerald J. Womack v. State of Indiana, 43A03-0706-CR-251, Womack appealed his convictions and sentence for Class D felony marijuana possession and for being a habitual controlled-substance offender. The Court of Appeals will determine whether the police search of Womack's car violated his rights under the U.S. and Indiana constitutions and if...
More

SCOTUS rules on money laundering

January 1, 2008
Michael Hoskins
In a split decision this morning, the Supreme Court of the United States has defined money laundering and tossed out the convictions of an East Chicago man.The high court ruled on U.S. v. Efrain Santos, et al., No. 06-1005, which involved a money-laundering ring in East Chicago.A majority of justices held today that "proceeds" according to the federal money-laundering statute applies only to transactions involving criminal profits, not criminal receipts.Indianapolis attorney Todd Vare with Barnes & Thornburg argued before the high court...
More

Incurred risk not malpractice defense

January 1, 2008
Jennifer Nelson
A doctor cannot use evidence of a patient's previous surgeries or pursue an incurred-risk defense against a medical malpractice suit, the Court of Appeals ruled today. In Brenda Spar v. Jin S. Cha, M.D., No. 45A05-0611-CV-683, Spar appealed the jury decision in favor of Dr. Cha in her medical malpractice claim against the OB/GYN for a surgery he performed on her. Spar previously had been in a serious automobile accident and as a result had numerous abdominal surgeries. When she decided to...
More

District Court upholds jury award against GM

January 1, 2008
Jennifer Nelson
A U.S. District judge chastised General Motors for the way the company treated its salaried employees who gave up being under union protection and later wanted to rejoin the union as hourly workers. In an opinion released Aug. 15, Judge David Hamilton of the U.S. District Court, Southern District of Indiana, Indianapolis Division, upheld a $3.1 jury award against GM for promissory estoppel claims, finding the plaintiffs had provided sufficient evidence to prove their Sixth Amendment claim against the company. Judge...
More

Tax Court in Bloomington March 17

January 1, 2008
IL Staff
The Indiana Tax Court hits the road March 17 to hear arguments in a case regarding how to properly value a Meijer store for property tax purposes. The arguments will be held at 3:30 p.m. in the Moot Courtroom at Indiana University School of Law - Bloomington.In Meijer Stores Limited Partnership v. Betty Smith, Wayne Township Assessor, Michael Statzer, Wayne County Assessor, et al., No. 49T10-0609-TA-89, Meijer and Wayne County don't see eye-to-eye on the assessed value of land owned by...
More

Governor names new Court of Appeals judge

January 1, 2008
Michael Hoskins
Dubois Superior Judge Elaine Brown is the newest judge on the Indiana Court of Appeals.Gov. Mitch Daniels announced this morning Judge Brown's appointment to the state's second highest appellate court, replacing Judge John Sharpnack who is taking senior status in May. "This is a dream of a lifetime," Judge Brown said, on first reaction this morning. "I'm just so extremely honored and humbled, and can't wait to get started. It's life-changing for me."The southern Indiana jurist has been on the bench...
More

COA to travel to French Lick

January 1, 2008
IL Staff
The Indiana Court of Appeals travels to French Lick Tuesday to hear arguments in a case involving the validity of a search warrant.In James H. Helton v. State of Indiana, 20A04-0710-PC-00589, the judges are asked to determine whether an invalid search warrant was used to obtain evidence against James H. Helton. Also, if the search warrant was invalid, the court must decide whether Helton was denied effective assistance by his trial counsel when they did not move to suppress that evidence....
More

Justices ready for sex-offender registry issue

January 1, 2008
Michael Hoskins
The Indiana Supreme Court will consider two cases this week asking whether convicted sex offenders can be required to register for life on a statewide database.The state's highest appeals court will hear a combined argument Thursday in Todd L. Jensen v. State, No. 02A04-0706-CR-351, and Richard P. Wallace v. State, No. 49A02-0706-CR-498. Arguments are set to begin at 9:45 a.m. and can be viewed online through a webcast.Now, Jensen v. State and Wallace v. State have a combined case number of...
More

Court upholds damages award

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court decision that excluded arguments and evidence from the Indiana Patient's Compensation Fund relating to the survival rate of the decedent because their argument regarded liability, which had already been established through a settlement. In Jim Atterholt, Commissioner of the Indiana Department of Insurance as Administrator of the Indiana Patient's Compensation Fund v. Geneva Herbst, personal representative of the estate of Jeffrey A. Herbst, No. 49A04-0702-CV-106, the Indiana Patient's Compensation Fund appealed the grant...
More

Luncheon to discuss women's health, law

January 1, 2008
IL Staff
The Sagamore Institute for Policy Research is hosting a luncheon Friday to examine how to improve the health of women in contemporary society.The event, "Improving Women's Health through Law and Policy," features Linda Chezem, professor at Indiana University and Purdue University, and former Indiana Court of Appeals judge; Krieg DeVault attorney Leah Mannweiler; Dr. Kathy D. Miller, associate director for clinical research at IU Simon Cancer Center; and Tanya Parrish, director of the Office of Women's Health in the Indiana State...
More

Case management system to get new features

January 1, 2008
Michael Hoskins
The Indiana Supreme Court is investing $1.1 million to add computer features to its case management system being implemented statewide in the coming years.Adding to the millions already invested in the state's largest-ever technology project, the high court has decided to purchase a supervision module for its Odyssey Case Management System, currently in place in Monroe County and the Marion County Small Claims Court in Washington Township; it will be launched in a handful of other counties by early next year.Justice...
More

Justices disagree on revising man's sentence

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court used a man's appeal of his sentence for neglect of a dependent to examine how appellate courts review sentences; the court remanded the case so the man's sentence could be reduced. In Rudy Wayne Cardwell v. State of Indiana, No. 10S05-0811-CR-588, the justices reviewed their decision in Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007), in terms of appellate review of sentencing. The court unanimously agreed that assigning relative weights to properly found facts can often present...
More

COA travels to Lafayette, IU campuses

January 1, 2008
IL Staff
The Indiana Court of Appeals will visit three Indiana colleges April 8 and 9 to hear arguments in cases regarding child molestation, defamatory statements, and ineffective counsel.Judges will visit Ivy Tech Community College in Lafayette Tuesday to hear arguments regarding a case on appeal from Lake Superior Court. Arguments for Victor Vega Torres v. State of Indiana, 45A03-0708-CR-385, begin at 10 a.m. in Ivy Hall. Judges Ezra Friedlander, Margret Robb, and Cale Bradford will have to decide whether Torres' maximum sentence of eight years...
More

Jury undecided so judge orders death

January 1, 2008
Michael Hoskins
An Evansville judge has handed down the first death sentence since Indiana lawmakers changed the jury's role six years ago. The sentence also is likely the first execution order resulting from a penalty-phase hung jury since 1993.The execution of Daniel Ray Wilkes is set for Jan. 25, 2009, but that will likely be delayed for years by appeals and could have potential to reach the Supreme Court of the United States as an issue of first impression about whether a death...
More

Judge strikes down new obscene-material law

January 1, 2008
Michael Hoskins
On the day a new Indiana law was set to take effect, U.S. District Judge Sarah Evans Barker struck it down as being unconstitutionally vague, overbroad, and a violation of the First Amendment.The 31-page ruling was issued by the U.S. District Court, Southern District of Indiana, Indianapolis Division, this afternoon in Big Hat Books, et al. v. Prosecutors, 1:08-CV-00596, a challenge to House Enrolled Act 1042 that would have required any person or organization wanting to sell literature or other material...
More

Justices again deny election request

January 1, 2008
Michael Hoskins
The Indiana Supreme Court has denied for the second time in two months a request to get involved in a Terre Haute mayoral election dispute.The justices sent notice Tuesday to attorneys that they won't bypass the Court of Appeals on a dispute resulting from the November election, when Republican Duke Bennett ousted incumbent Democrat Mayor Kevin Burke by about 110 votes.The court had previously decided not to get involved in an issue about whether Vigo Superior Judge David Bolk had jurisdiction...
More

COA affirms jail phone commissions

January 1, 2008
Jennifer Nelson
After years of litigation, the Indiana Court of Appeals ruled today that the Marion County Sheriff and the Indiana Department of Administration were allowed to enter into contracts with a phone company that provided commissions to the sheriff and IDOA on phone calls made from the jail and prison facilities. In Chanelle Linet Alexander, et al. v. The Marion County Sheriff and the Commissioner of the Indiana Department of Administration, No. 49A02-0708-CV-716, the plaintiffs are a class of people who have been...
More

Justices overturn judgment in trampoline case

January 1, 2008
Jennifer Nelson
In a case of first impression involving a trampoline, premises liability, and the attractive-nuisance doctrine, the Indiana Supreme Court today overturned summary judgment that originally had been in favor of the trampoline owners, citing material issues of facts in the case. The high court granted transfer in Beth Palmer Kopczynski, individually and as next friend and parent of Alisha Palmer, and Alisha Palmer v. David Bryan Barger and Peggy Lucas Barger, No. 88S05-0710-CV-423, to determine whether the Bargers were responsible for an...
More

Justices asked to take legal malpractice case

January 1, 2008
Michael Hoskins
The Indiana Supreme Court is being asked to take a legal malpractice case in which an Indianapolis law firm got hit with an $18 million verdict two years ago.Attorneys representing law firm Fillenwarth Dennerline Groth & Towe filed a petition for transfer with the state's highest court Monday in Frederick W. Dennerline III, et al. v. Jim Atterholt, Insurance Commissioner of the State of Indiana, No. 49A04-0610-CV-557. This move comes following the Indiana Court of Appeals ruling in May that upheld the...
More

Clark Circuit judge appointed

January 1, 2008
IL Staff
Abraham Navarro will succeed Judge Daniel F. Donahue as judge of the Clark Circuit Court. Judge Donahue is stepping down later this week. Navarro has served as a deputy prosecutor in the Floyd County Prosecutor's Office since 2002. Prior to working in the prosecutor's office, Navarro was an Allen Superior Court judicial law clerk from 2001 to 2002. Navarro was admitted to the bar in November 2002. He's a member of the Indiana Prosecuting Attorneys Council and the Indiana Criminal Justice...
More
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

ADVERTISEMENT