Dissent

Court: Man may be classified as sexually violent predator

June 29, 2011
Jennifer Nelson
The 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.
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COA splits on reversing convictions for Batson violation

June 22, 2011
Jennifer Nelson
A 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.
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Annual Supreme Court review shows more agreement, shifts in alignment

June 22, 2011
Michael Hoskins
Welcoming 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.
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High court to hear insurance, drug, murder cases

June 6, 2011
Jennifer Nelson
The 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.
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COA rules in favor of mother in contentious custody battle

May 24, 2011
Jenny Montgomery
The 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.
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Judges split on mortgage issue

May 17, 2011
Jennifer Nelson
In 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.
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Supreme Court receives threats after ruling

May 17, 2011
Jennifer Nelson
The 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.
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Justice: Ruling lets government agents enter homes illegally

May 12, 2011
Jennifer Nelson
Two 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.”
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Justices divided on whether case should be before Tax Court

May 12, 2011
Jennifer Nelson
The 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.
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Judges divided on calculation of damages after negligence

April 7, 2011
Jennifer Nelson
The 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.
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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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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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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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High court takes 4 cases

February 28, 2011
IL Staff
The 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.
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Attorney reprimanded for charging unreasonable fees

February 14, 2011
Jennifer Nelson
The 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.
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Justices uphold modification of physical custody to father

February 8, 2011
Jennifer Nelson
A 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.
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Appeals court rules on Ohio River phone-stalking case

January 28, 2011
Michael Hoskins
The 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.
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3 judges dissent on rehearing denial in stun belt case

January 14, 2011
Michael Hoskins
The 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.
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New Supreme Court lineup could change pro se case outcome

January 13, 2011
Michael Hoskins
The 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.
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Court rules on artificial insemination issues

December 27, 2010
Jennifer Nelson
A 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.
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Justices sharply split on insanity defense case

December 23, 2010
Michael Hoskins
Faults 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.
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Judge dissents in denial of rehearing

December 22, 2010
Jennifer Nelson
Indiana 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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Justices split over IHSAA athlete eligibility ruling

December 20, 2010
Jennifer Nelson
Indiana’s justices couldn’t agree on whether they should even rule on a case involving an athlete’s eligibility in high school when the girl is now playing college basketball.
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Judges split on construction manager's duty to injured worker

December 14, 2010
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally alter contracts” dealing with safety on jobsites.
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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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