Dissent

Court: team-building activity not under insured conditions

September 28, 2010
Elizabeth Brockett
The Indiana Court of Appeals today affirmed summary judgment in favor of an insurance company, noting a soccer team’s accident while traveling to an activity outside of the trip’s purpose was not covered.
More

Supreme Court upholds denial of continuance

October 27, 2009
Jennifer Nelson
The majority of justices on the Indiana Supreme Court agreed that the trial court didn't abuse its discretion in denying a married couple's pro se motion to continue after their attorney withdrew six weeks before trial. The dissenting justice argued because of the complexities of the case, the trial court should have granted the couple's motion.
More

Majority upholds false statement is protected

October 14, 2009
Jennifer NelsonMore

Dissent: new issues can be raised in response

October 9, 2009
Michael Hoskins
Parties shouldn't be allowed to raise arguments for the first time in response to a rehearing petition before an appellate court, an Indiana Court of Appeals judge wrote in disagreeing with two of her colleagues.
More

Judges disagree on when escape occurs

October 7, 2009
Jennifer Nelson
The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules.
More

COA splits on cheek-swab requirements

September 30, 2009
Jennifer Nelson
A split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable cause, under federal and state constitutions.
More

Judges dissent on search after 'knock and talk'

September 30, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to a general distrust of law enforcement.
More

Judges disagree as to athlete's eligibility

September 24, 2009
Jennifer Nelson
One Indiana Court of Appeals judge believed his colleagues strayed from the evidence of recruitment and instead focused the family's financial plight when they decided the high school athlete didn't transfer schools primarily for athletic reasons.
More

Court remands custody case for new hearing

September 24, 2009
Jennifer Nelson
Although all three Indiana Court of Appeals judges came to conclusion that the trial court should revisit its order to grant full custody of a child to her abusive father, the judges differed as how the trial court should have approached the matter.
More

Supreme Court amends more rules

September 22, 2009
Jennifer Nelson
The Indiana Supreme Court has amended various rules of court, including admission and disciplinary, alternative dispute resolution, and appellate procedure rules.
More

COA reverses judgment for Ford in liability suit

September 21, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment today in favor of Ford Motor Co. in a products liability lawsuit, but the judges disagreed as to whether the manufacturer breached its duty to warn of the dangers of children riding in the front seat with airbags turned on.
More

Changes coming to Child Support Rules

September 15, 2009
Jennifer Nelson
An order issued by the Indiana Supreme Court today amending the state's Child Support Rules and Guidelines caused two justices to dissent in part over worries a change may alter precedent.
More

Court split on ineffective trial counsel

September 9, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed that an attorney was ineffective because the majority found the attorney told her client he "should" win the case whereas one judge pointed out in the record the attorney admitted to telling the client he "would" win.
More

Judges differ on application of high court ruling

September 8, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues today in a ruling involving the ownership of certain joint accounts because he believed an Indiana Supreme Court decision was binding in the case.
More

Judges question earlier Circuit holding

September 4, 2009
Jennifer Nelson
A decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.
More

Judges disagree on search validity

August 31, 2009
Jennifer Nelson
On remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because she believes the search of the vehicle was unreasonable in light of the recent ruling.
More

Judges disagree on remand instructions

August 28, 2009
Jennifer Nelson
Indiana Court of Appeals judges unanimously agreed today that a defendant's petition for expungement of his arrest shouldn't have been denied by the trial court, but they disagreed as to what should happen on remand.
More

Justices: Appeal not available after guilty plea

August 25, 2009
Jennifer Nelson
A majority of Indiana Supreme Court justices agreed a man who pleaded guilty couldn't appeal the denial of his pre-trial motion to suppress. Yet one justice believed the plea agreement should have been honored according to its terms, which included reserving the right to object to the denial of the motion to suppress.
More

Judges disagree if testimony is hypothetical

August 18, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice case used hypothetical language that couldn't raise a genuine issue of fact.
More

COA rules on parenting time restriction

August 14, 2009
Jennifer Nelson
Indiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during a hearing in which a mother's parenting time was restricted.
More

COA disagrees on damages to bidder

August 12, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed today whether a company should be entitled to damages when it lowered its bid for work at a state-run hospital based on fraudulent information from another bidder.
More

Judge argues ruling puts form over substance

August 10, 2009
Jennifer Nelson
The chief judge of the Indiana Court of Appeals dissented from his colleagues in an insurance dispute because he believes the decision leads to "an inequitable result."
More

Judges disagree in police entry case

July 23, 2009
Jennifer NelsonMore

Judges differ on allowance of trustee's appeal

July 20, 2009
Jennifer Nelson
Judges on the 7th Circuit Court of Appeals, including Northern District Judge Joseph Van Bokkelen - who was sitting in designation - disagreed whether a bankruptcy trustee's appeal should be dismissed for lack of appellate jurisdiction because he didn't file a petition for permission to appeal.
More

Judges: Court should have questioned jurors

July 15, 2009
Jennifer Nelson
Judges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.
More
Page  << 1 2 3 4 5 6 7 >> pager
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. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT