March 3, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed that an association comprised of retail package liquor stores isn’t entitled to
injunctive relief preventing the state’s Alcohol and Tobacco Commission from issuing permits to stores in the same manner
it has for the last 30 years.
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March 2, 2011
IL StaffIndiana Tax Court Judge Martha Blood Wentworth’s formal robing ceremony will be held at 10:30 a.m. March 8 in the Indiana
Supreme Court courtroom. Judge Thomas Fisher will preside over the ceremony.
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March 2, 2011
Jennifer NelsonA northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate
economic development, the Indiana Court of Appeals held Wednesday.
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March 2, 2011
Jennifer NelsonA trial court was correct in dismissing the petition for judicial review from a liquor wholesaler who challenged the issuance
of a wine and liquor permit to a competitor because the wholesaler lacked standing, ruled the Indiana Court of Appeals.
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March 1, 2011
Michael HoskinsThe Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in
requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.
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February 28, 2011
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table
on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded
from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
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February 24, 2011
Jennifer NelsonThe judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund
a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.
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February 24, 2011
Jennifer NelsonDue process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or
otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution,
ruling it was void because the summons served on the wife was insufficient.
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February 24, 2011
Jennifer NelsonThe Indiana Court of Appeals interpreted the elements of unlawful use of body armor for the first time in a defendant’s
appeal of his convictions following his attempt to flee from police.
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February 23, 2011
Jennifer NelsonEven though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority
of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found
the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
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February 22, 2011
Jennifer NelsonThe Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions
Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.
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February 21, 2011
Jennifer NelsonA case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question
without the aid of previous interpretations because of a lack of previous caselaw interpreting them.
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February 21, 2011
Jennifer NelsonThe Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony
because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the
enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
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February 18, 2011
Jennifer NelsonFor the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible
for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
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February 18, 2011
Jennifer NelsonAn Indiana Court of Appeals judge expressed concern that a woman’s criminal case may be affected by her admittance of
violating several city ordinances after her dogs attacked two people.
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February 15, 2011
Rebecca BerfangerAfter the juvenile court adjudicated two minor children as children in need of services following their mother’s admission
to allegations filed by the Indiana Department of Child Services, the majority of a Court of Appeals panel today reversed
and remanded that finding in favor of the stepfather, who denied the allegations and asked for a fact-finding hearing. One
Court of Appeals judge dissented, writing that she disagreed that the trial court violated the stepfather’s right to
due process in this case.
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February 14, 2011
Jennifer NelsonThe Indiana Court of Appeals overturned the denial of man’s motion to suppress, finding the traffic stop that resulted
in his drunk driving arrest wasn’t supported by reasonable suspicion.
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February 10, 2011
Jennifer NelsonThe Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer
to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment
in favor of the drug store and pharmacist in a negligence suit.
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February 9, 2011
Jennifer NelsonJudge Martha Wentworth has handed down her first opinion as Indiana’s Tax Court judge. In her decision, she reversed
the probate court’s finding that an estate didn’t have to file an inheritance tax return on checks issued to a
deceased woman’s brother on an annuity contract.
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February 7, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding
the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory
or involuntary.
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February 7, 2011
Jennifer NelsonAlthough one Indiana Court of Appeals judge concurred that a biological father’s petition granting visitation with his
daughter should be reversed, he urged legislators and the Indiana Supreme Court to reconsider the issues raised in this case
to “avoid equally unjust results in future cases.”
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February 4, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed that a real estate agent representing buyers did not breach the duty he had to the sellers
when he communicated with them personally about accepting his clients’ offer.
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February 2, 2011
Michael HoskinsA split decision by the Indiana Supreme Court on an annexation battle between Greenwood and Bargersville means a lower appellate
panel’s decision is reinstated and the city takes a win in the 29-month legal battle that has statewide implications.
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January 31, 2011
Jennifer NelsonAn Indiana statute is ambiguous as to whether a person who has exhausted his actual worker’s compensation benefits prior
to 500 weeks is eligible to receive benefits from the Second Injury Fund starting on the date of the exhaustion of the actual
benefits, the Indiana Court of Appeals concluded today.
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January 31, 2011
Jennifer NelsonThe Indiana Supreme Court has taken a Marion County case involving the termination of a mother’s parental rights in
which the Indiana Court of Appeals took issue with several details in the case.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
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.