Judge Carr L. Darden

Court divided on invasion of privacy charge

November 8, 2010
Jennifer Nelson
The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.
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Landlord not responsible for dog bite

September 1, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment today for a landlord who was sued by a postal carrier who was bit by a tenant’s dog that had escaped from the property. The judges declined to find that by entering into a lease, a landlord establishes a relationship to a tenant’s dog.
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Court affirms felony nonsupport of a dependent conviction

July 6, 2010
Elizabeth Brockett
A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction of Class C felony nonsupport of a dependent child.
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Translated transcripts necessary for jury

June 23, 2010
Jennifer Nelson
A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.
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Dad who took son owes arrearage to mom

January 19, 2010
Jennifer Nelson
The Indiana Court of Appeals split today in its decision of who should receive back child support payments from a father who kidnapped his son for 16 years before turning himself in when the son was 23 years old.
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COA splits, reverses probation revocation

November 17, 2009
Jennifer Nelson
The Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The judges didn't agree that the probation revocation hearing comported with due process.
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COA: Insurance funds aren't a money judgment

November 16, 2009
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals decided today that a summary judgment granting insurance policies isn't equivalent to a money judgment that would allow for 8 percent post-judgment interest.
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Officer didn't conduct investigatory stop

November 10, 2009
Jennifer Nelson
A trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.
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Traffic infraction not necessary for police stop

September 11, 2009
Jennifer Nelson
Even though a police officer didn't see a driver commit any traffic infractions before pulling him over, the officer could stop the car because he believed the driver might have been injured or impaired, the Indiana Court of Appeals affirmed today.
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COA: physical condition, injury equal one injury

August 6, 2009
Michael Hoskins
The Indiana Court of Appeals isn't convinced it needs to address the issue of pre-existing, non-work related physical conditions as it relates to a pizzeria cook's worker compensation case.
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Judges disagree in police entry case

July 23, 2009
Jennifer NelsonMore

COA: Manufactured home subject to law

May 15, 2009
Jennifer Nelson
The Indiana Court of Appeals determined that manufactured mobile homes are subject to Indiana's common law warranty of habitability, so it reversed the grant of summary judgment in favor of a manufacturer in a homeowner's property damage and personal injury complaint.
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COA split on which statute of limitation applies

May 7, 2009
Jennifer Nelson
The Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's FELA claim in state court.
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Judges disagree on proof-of-age issue

March 6, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed today about whether the state proved in its case a convicted child molester was 21 years old at the time the molestation occurred.
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Court affirms sentence for non-support of 8 kids

February 24, 2009
Jennifer Nelson
A trial court didn't err in imposing three consecutive sentences following a man's guilty plea to three counts of felony non-support of a dependent because his failure to pay didn't constitute a single episode of criminal activity, the Indiana Court of Appeals ruled today.
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COA: No credit for pretrial home detention

January 14, 2009
Jennifer Mehalik
The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.
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COA: Parental rights should be ended

November 5, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's decision to continue the parental rights of two incarcerated parents, finding it to be in the child's best interest to sever the rights because the parents possibly won't be released from prison for two more years.
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COA: Insurance company can't deny coverage

October 7, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a trial court's decision that an insurance company was estopped from denying coverage to the suspected driver of a car because the company failed to properly preserve its right to deny the driver coverage.
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COA: Collateral estoppel not applicable

October 2, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.
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  1. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  2. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  3. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  4. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  5. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

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