First impression
COA addresses first impression issue regarding education under civil rights law
May 29, 2013
Jennifer NelsonThe Indiana Court of Appeals – with one judge reluctantly doing so – affirmed a decision by an administrative
law judge that found a religious organization unlawfully retaliated against a family by expelling them from the homeschooling
group. The expulsion occurred after the family sought a dietary accommodation for their teenage daughter at a social event
and later filed a complaint with the Indiana Civil Rights Commission.
MoreCOA rules for first time on retroactivity of Mineral Lapse Act
May 15, 2013
Jennifer NelsonThe Indiana Court of Appeals has held that a portion of the Mineral Lapse Act is limited in its retroactive application to
only the 20-year period immediately proceeding the Sept. 2, 1971, effective date of the Act.
MoreCOA says argument over wording of robbery statute is issue of first impression
April 23, 2013
Marilyn OdendahlAn argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did
not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.
MoreBankruptcy ruling locks out insiders
February 27, 2013
Dave StaffordA recent bankruptcy appeal tossing an Indianapolis shopping center’s reorganization plan further establishes that the
control of equity in Chapter 11 cases will be subject to competitive bidding and that insiders might be out of luck.
MoreCOA answers first impression issue on custodial statements
February 21, 2013
Jennifer NelsonA defendant convicted of a burglary in St. Joseph County challenged the admission of his prior statement to police while in
custody, arguing the statement couldn’t be allowed at his trial because a recorded version of the statement wasn’t
available at trial as required by Indiana Evidence Rule 617.
MoreCar’s color alone doesn’t support traffic stop
February 13, 2013
Jennifer NelsonIn a matter of first impression in the 7th Circuit Court of Appeals and federal courts, the judges were asked to consider
whether a discrepancy between the observed color of a car and the color listed on its registration alone gives rise to reasonable
suspicion of criminal activity.
MoreJudges’ ruling in email records case defers to public access counselor
January 29, 2013
Dave StaffordA request for the email records of public officials that simply asks for emails to or from officials over a certain period
of time doesn’t satisfy the Access to Public Records Act, a panel of the Indiana Court of Appeals ruled Tuesday.
MoreJudges affirm criminal recklessness conviction
December 21, 2012
Jennifer NelsonSomeone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily
injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals
held in a first impression case.
MoreAgency erred in adjusting experience account rates after merger
October 30, 2012
Jennifer NelsonThe Indiana Court of Appeals has ordered the Department of Workforce Development to reinstate the original contribution rates
for unemployment insurance experience accounts of a parent company and its subsidiaries. The DWD should not have combined
the accounts and adjusted the rates following a merger.
MoreStatute granting DCS immunity applies to nearly all of family’s claims
October 17, 2012
Jennifer NelsonA case involving the Department of Child Services before the Indiana Court of Appeals Wednesday provided the court with two
issues of first impression – the interpretation of a statute relating to the agency, and the liberty interests that
may reside with extended family members involved in the lawsuit.
MoreTrial court erred in excluding evidence of mediation communications
June 13, 2012
Jennifer NelsonEven though the trial court erred in excluding an ex-husband’s offer of evidence of communications during a settlement
agreement following his divorce to establish a mistake occurred in drafting the agreement, the error was harmless, the Indiana
Court of Appeals ruled. This case raised an issue of first impression regarding whether communications during mediation can
be used as extrinsic evidence.
MoreCOA rules on first impression possession of marijuana issue
May 24, 2012
Jennifer NelsonA woman’s objection over how much marijuana was being attributed to her led the Indiana Court of Appeals to apply for
the first time Supreme Court precedent regarding possession of marijuana.
MoreTort law case tests boundaries of 'duty'
March 14, 2012
Jenny MontgomeryThe Indiana Court of Appeals recently issued an opinion that answered some complicated questions about the point at which
one person assumes a “duty” to another. But the panel did not reach a consensus, with one judge writing that the
majority opinion could have a negative impact on public policy.
MoreShield law ruling unique in nation
March 14, 2012
Michael HoskinsThe Indiana Court of Appeals adopts a modified test in a defamation case.
MoreDivided court affirms liability in 'courtesy wave' case
February 28, 2012
Jenny MontgomeryIn a case of first impression, the Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in
favor of a motorcyclist injured in a crash. One judge disagreed with the majority decision, stating the opinion is contrary
to sound public policy.
MoreCOA rules on anonymous online commenter case
February 21, 2012
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals has ordered the trial court apply a modified test based on a New
Jersey case to determine whether The Indianapolis Star must identify an online user whose comment is part of a defamation
lawsuit.
MoreHigh court takes 2 cases
December 28, 2011
IL StaffThe Indiana Supreme Court has taken a counterfeiting case and a case involving credit time that presents an issue of first
impression, according to its latest transfer order.
MoreIn first impression ruling, COA reverses trial court on illegal search
December 16, 2011
Jenny MontgomeryThe Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in
a man’s pocket.
MoreCOA to consider journalistic shield protections for anonymous online comments
December 9, 2011
Michael HoskinsThe Indiana Court of Appeals hears arguments Monday on a question of first impression for the Internet-savvy 21st century:
whether news outlets have any First Amendment or state journalistic shield protection from being required to disclose information
that could help reveal the identities of people posting anonymous comments online.
MoreCourt rules arbitration provision null and void
November 16, 2011
Jennifer NelsonTackling an issue of first impression, the Indiana Court of Appeals concluded that an arbitration provision in a loan agreement
from a payday loan provider is null and void on the grounds of impossibility because the arbitrator named in the document
is no longer available.
MoreCOA orders reduced sentence in first impressions case
August 26, 2011
Jenny MontgomeryIn reversing a sentence for a serious violent felon, the Indiana Court of Appeals has ruled that intending to commit a “crime
of violence” is not, in itself, a crime of violence
MoreCOA: Insurance policy covers deputy killed while directing traffic
August 25, 2011
Jennifer NelsonThe Monroe County Sheriff’s deputy that was killed while directing traffic was using her car at the time of the accident
and was entitled to coverage under the county’s policy under the uninsured/underinsured motorist endorsement, the Indiana
Court of Appeals affirmed.
MoreSupreme Court accepts 5 transfers
August 22, 2011
The Indiana Supreme Court has taken five cases on transfer, including one that presents two issues of first impression on
prejudgment interest.
MoreJudge: Students’ off-campus Internet photos protected by First Amendment
August 11, 2011
Michael HoskinsA federal judge has ruled that a northern Indiana school district shouldn’t have disciplined two high school girls who
posted racy online photos of themselves posing with phallic lollipops and simulating sexual acts because the pictures were
outside of school and are protected by the First Amendment.
MoreAppeals court splits on new sentence modification issue
July 18, 2011
Jennifer NelsonAn inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding
that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced,
not re-resentenced after a successful appeal.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!