Judge James S. Kirsch
Suit challenging construction of asphalt plant timely filed
August 31, 2012
Jennifer NelsonThe Indiana Court of Appeals determined that the Jeffersonville director of planning and zoning and the city building commissioner
are public officers under Indiana Code 34-11-2-6. The judges discovered there is no state law defining public officer under
this statute.
MoreCOA: Aunt and uncle have no standing for visitation petition
August 29, 2011
Jennifer NelsonIndiana statutes and caselaw do not allow for aunts or uncles of a child to petition for visitation, the Indiana Court of
Appeals held Monday.
MoreCourt divided over consent to 5-person jury
August 22, 2011
Jennifer NelsonA panel of Indiana Court of Appeals judges split on the issue of whether a defendant agreed to allow a five-member jury to
decide her case after one juror fell ill, with the dissenting judge believing the defendant – not her counsel –
must consent to the five-person jury.
MoreJudges reverse teen’s adjudication for school absences, tardies
August 17, 2011
Jennifer NelsonThe state didn’t show that a teenager was in need of care, treatment, or rehabilitation regarding school attendance,
so his adjudication as a delinquent child for missing school should be reversed, ruled the Indiana Court of Appeals.
MoreCourt rules on duty of care for healthy trees in residential areas
August 9, 2011
Michael HoskinsThe Indiana Court of Appeals has reiterated its stance that urban or residential area landowners have a duty to take reasonable
precautions regarding their own trees, healthy or otherwise, and make sure they don’t harm a neighbor’s property
based on the size and where they are planted.
MoreJudges order hearing on unemployment benefits
August 4, 2011
Jennifer NelsonA man, whose request for a continuance in a hearing regarding his unemployment benefits was denied by an administrative law
judge, is entitled to a hearing on the matter, the Indiana Court of Appeals ruled Thursday.
MoreCOA splits on reversing convictions for Batson violation
June 22, 2011
Jennifer NelsonA divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon,
finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful
discrimination.
MoreCourt won't recognize non-fiduciary liability
June 21, 2011
Michael HoskinsIndiana doesn’t allow people to sue when they’ve had corporate opportunities taken away by business partners who’ve
gone off and formed new partnerships with others, and the state Court of Appeals declined to decide whether non-fiduciaries
can be held liable for usurping corporate opportunity.
MoreJudge argues state must prove actual endangerment
April 18, 2011
Jennifer NelsonThe Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with
Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the
possibility of it.
MoreJudges split on child support modification
March 25, 2011
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism
over fairness and legalism over common sense.”
MoreCOA reverses marijuana conviction based on intent
March 8, 2011
Rebecca BerfangerThe majority of an Indiana Court of Appeals panel today reversed a conviction of marijuana possession after the defendant
contended there was insufficient evidence that she constructively possessed the drug.
MoreCOA reverses father's visitation of adopted daughter
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.”
MoreCOA: Trust not bound by ISTA employment arbitration clause
December 28, 2010
Michael HoskinsThe Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees
for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses
outlined in their ISTA employment contracts.
MoreJustices accept one criminal case
December 28, 2010
Michael HoskinsThe Indiana Supreme Court has taken an Elkhart County appeal challenging three felony child molesting convictions and an 80-year
aggregate sentence.
MoreCourt splits on duty owed by independent contractor
December 6, 2010
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an
“impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was
injured.
MoreCOA: Summary judgment wrong in foreclosure suit
November 19, 2010
Jennifer NelsonA mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised
as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals
ruled today for the first time.
MoreCOA: State could charge man for leaving scene of fatal accident
November 10, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding
the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man
who had already been convicted of causing the victim’s death.
MoreCOA reverses motion allowing for release of documents
October 26, 2010
Rebecca BerfangerThe Indiana Court of Appeals today reversed an order from Lake Superior Court that granted a motion to compel the production
of documents from the appellant-defendant Allstate Insurance Company.
MoreCourt upholds judgment in legal malpractice suit
August 16, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although
the judges didn’t agree on the professional obligations of the firm based on its contract.
MoreMajority affirms default judgment against Sears
August 12, 2010
Jennifer NelsonThe Indiana Court of Appeals split today as to whether a department store was entitled to have a default judgment set aside.
MoreJustice selection process wasn't always public
August 4, 2010
Michael HoskinsTwenty-five years ago, choosing an Indiana Supreme Court justice was confidential.
MoreJudge worries ruling may make bright-line rule in traffic stops
July 27, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns
were legitimate enough to allow the officer to search a car after a traffic stop.
MoreCOA: insurer received actual notice from clients
July 14, 2010
Jennifer NelsonThe insurance company that provided legal professional liability coverage for the attorney who abandoned his practice and
went on a crime spree did receive actual notice of the attorney’s clients’ claims against the insurer, the Indiana
Court of Appeals ruled today.
MoreCourt splits on first impression dissipation case
November 30, 2009
Jennifer NelsonAn Indiana Court of Appeals judge dissented today from his colleagues' decision that a spouse may be found to have dissipated
property after refusing to sign and file joint tax returns because the judge believes the ruling is "bad law and bad
policy."
MoreCOA reverses termination over rule violation
November 30, 2009
Jennifer NelsonThe Indiana Court of Appeals split today in its decision to reverse the termination of a mother's parental rights. The
majority found the trial court abused its discretion in allowing the mother's trial counsel to withdraw her appearance
under a local court rule.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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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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.