Dissent
COA splits on cheek-swab requirements
September 30, 2009
Jennifer NelsonA 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.
MoreJudges dissent on search after 'knock and talk'
September 30, 2009
Jennifer NelsonAn 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.
MoreJudges disagree as to athlete's eligibility
September 24, 2009
Jennifer NelsonOne 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.
MoreCourt remands custody case for new hearing
September 24, 2009
Jennifer NelsonAlthough 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.
MoreSupreme Court amends more rules
September 22, 2009
Jennifer NelsonThe Indiana Supreme Court has amended various rules of court, including admission and disciplinary, alternative dispute resolution,
and appellate procedure rules.
MoreCOA reverses judgment for Ford in liability suit
September 21, 2009
Jennifer NelsonThe 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.
MoreChanges coming to Child Support Rules
September 15, 2009
Jennifer NelsonAn 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.
MoreCourt split on ineffective trial counsel
September 9, 2009
Jennifer NelsonA 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.
MoreJudges differ on application of high court ruling
September 8, 2009
Jennifer NelsonAn 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.
MoreJudges question earlier Circuit holding
September 4, 2009
Jennifer NelsonA 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.
MoreJudges disagree on search validity
August 31, 2009
Jennifer NelsonOn 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.
MoreJudges disagree on remand instructions
August 28, 2009
Jennifer NelsonIndiana 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.
MoreJustices: Appeal not available after guilty plea
August 25, 2009
Jennifer NelsonA 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.
MoreJudges disagree if testimony is hypothetical
August 18, 2009
Jennifer NelsonIndiana 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.
MoreCOA rules on parenting time restriction
August 14, 2009
Jennifer NelsonIndiana 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.
MoreCOA disagrees on damages to bidder
August 12, 2009
Jennifer NelsonIndiana 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.
MoreJudge argues ruling puts form over substance
August 10, 2009
Jennifer NelsonThe 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."
MoreJudges differ on allowance of trustee's appeal
July 20, 2009
Jennifer NelsonJudges 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.
MoreJudges: Court should have questioned jurors
July 15, 2009
Jennifer NelsonJudges 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.
MoreJudges don't agree candidate is 'qualified'
July 10, 2009
Jennifer NelsonIndiana Court of Appeals judges disagreed as to whether an elected at-large school board candidate was "qualified"
under the Indiana Constitution to take office because his election caused three members from the same school district to be
on the board.
MoreHigh court rules on putative father adoption case
June 29, 2009
Michael HoskinsThe Indiana Supreme Court has ruled that a putative father who files a paternity action in a court other than the court in
which the adoption case is pending meets statutory requirements and doesn't imply his permanent consent to that adoption.
MoreCourt rules in favor of steel company in dispute
June 24, 2009
Jennifer NelsonThe Indiana Supreme Court affirmed Tuesday the Indiana Utility Regulatory Commission's grant of summary judgment in favor
of a steel production facility in a contract dispute involving a public utility.
MoreJudges differ on if 'property damage' occurred
June 23, 2009
Jennifer NelsonA majority of Indiana Court of Appeals judges affirmed summary judgment in favor of a homebuilder's insurance provider,
insurance broker, and subcontractor's insurer, ruling the damage to the homes wasn't "property damage" as
covered by the insurance policies.
MorePurse search violated Indiana Constitution
June 22, 2009
Jennifer NelsonA majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern
for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way
it appears it could be holding a gun.
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Court Calendar
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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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June 18, 2013 Winston K. Wood v. State of Indiana - 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.