Dissent
High court divided on revising molester's sentence
June 30, 2011
Jennifer NelsonTwo justices dissented from their colleague’s decision to reduce a child molester’s sentence more than 50 years,
believing the opinion “blurs the guidance” given in a 2008 opinion regarding sentence reviews.
MoreHigh court divided on public intoxication charge
June 29, 2011
Jennifer NelsonIn deciding that a woman’s public intoxication conviction should stand, four Indiana Supreme Court justices declined
to reverse her conviction on public policy grounds and found the conviction didn’t violate any constitutional right.
MoreCourt: Man may be classified as sexually violent predator
June 29, 2011
Jennifer NelsonThe Indiana Supreme Court ruled 4-1 that classifying a man as a sexually violent predator due to an amendment to the Sex Offender
Registration Act doesn’t violate Indiana’s prohibition of ex post facto laws or the doctrine of separation of
powers.
MoreCOA splits on reversing convictions for Batson violation
June 22, 2011
Jennifer NelsonA divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon,
finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful
discrimination.
MoreAnnual Supreme Court review shows more agreement, shifts in alignment
June 22, 2011
Michael HoskinsWelcoming a new justice was undeniably the most notable moment for the Indiana Supreme Court in 2010. That lineup change captured
the headlines, but it’s not the only item of interest for Indiana court-watchers.
MoreHigh court to hear insurance, drug, murder cases
June 6, 2011
Jennifer NelsonThe Indiana Supreme Court accepted three cases June 3, including two cases in which the Indiana Court of Appeals were split
in their rulings on a drug case and an insurance case.
MoreCOA rules in favor of mother in contentious custody battle
May 24, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s decision awarding a mother primary custody of her child, after
a joint custody arrangement between the mother and father deteriorated.
MoreJudges split on mortgage issue
May 17, 2011
Jennifer NelsonIn a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to
whether the mortgagee on record had an enforceable right under a mortgage.
MoreSupreme Court receives threats after ruling
May 17, 2011
Jennifer NelsonThe Indiana Supreme Court has received threatening calls and emails following a ruling last week in which the high court said
Hoosiers can’t resist unlawful entry into their homes by police.
MoreJustice: Ruling lets government agents enter homes illegally
May 12, 2011
Jennifer NelsonTwo Indiana Supreme Court justices dissented from their colleagues in a case involving the right to resist unlawful police
entry into a home, with one justice writing that he believes the majority is “essentially telling Indiana citizens that
government agents may now enter their homes illegally.”
MoreJustices divided on whether case should be before Tax Court
May 12, 2011
Jennifer NelsonThe Indiana Supreme Court split Thursday on whether the attorney general’s attempt to recover an erroneously issued
“tax refund” to a company should proceed in state court or in the Indiana Tax Court.
MoreJudges divided on calculation of damages after negligence
April 7, 2011
Jennifer NelsonThe Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana
Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because
the deceased man had at least a 50 percent chance of survival before the medical negligence.
MoreJudges split on child support modification
March 25, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism
over fairness and legalism over common sense.”
MoreJudges split on whether 2 insurers must pay for damage
March 15, 2011
Jennifer NelsonAn 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.
MoreHigh court takes 4 cases
March 15, 2011
IL StaffThe 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.
MoreCOA reverses marijuana conviction based on intent
March 8, 2011
Rebecca BerfangerThe 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.
MoreHigh court takes 4 cases
February 28, 2011
IL StaffThe Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on
the day they granted transfer.
MoreAttorney reprimanded for charging unreasonable fees
February 14, 2011
Jennifer NelsonThe Indiana Supreme Court has publicly reprimanded a Hamilton County attorney for violating Indiana Professional Conduct Rule
1.5(a) by making agreements for and charging unreasonable fees.
MoreJustices uphold modification of physical custody to father
February 8, 2011
Jennifer NelsonA majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s
decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to
support the modification.
MoreAppeals court rules on Ohio River phone-stalking case
January 28, 2011
Michael HoskinsThe Indiana Court of Appeals has reaffirmed its standing that prosecutors can’t elevate a misdemeanor crime to a felony
if the defendant didn’t know the victim worked in law enforcement.
More3 judges dissent on rehearing denial in stun belt case
January 14, 2011
Michael HoskinsThe full 7th Circuit Court of Appeals has decided to not rehear an Indiana case about a convicted murder’s ineffective
assistance of trial counsel claims relating to a stun belt used in court, though three judges disagreed and felt the northern
Indiana federal judge’s decision should be upheld.
MoreNew Supreme Court lineup could change pro se case outcome
January 13, 2011
Michael HoskinsThe Indiana Supreme Court is thinking about rehearing a case it ruled on four months ago, in which a majority at the time
created a new rule but offered no guidance for trial judges on informing future defendants about the dangers of proceeding
pro se.
MoreCourt rules on artificial insemination issues
December 27, 2010
Jennifer NelsonA divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two
children conceived by artificial insemination.
MoreJustices sharply split on insanity defense case
December 23, 2010
Michael HoskinsFaults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor
of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.
MoreJudge dissents in denial of rehearing
December 22, 2010
Jennifer NelsonIndiana Court of Appeals Judge Margret Robb has issued a lengthy dissent from her colleagues’ denial to rehear a case
involving the state’s patient compensation fund. After reviewing the case, she believed the appellate court shouldn’t
have applied Restatement (Second) of Torts Section 323.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.