Courts

COA reverses drug conviction due to lack of intent

October 31, 2013
Jennifer Nelson
The state did not have sufficient evidence to convict a man of possession of cocaine under the intent prong of constructive possession, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed the defendant’s drug conviction.
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Judges find no prosecutorial misconduct at molestation trial

October 31, 2013
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s multiple convictions for molesting three children, rejecting the defendant’s claims that the state committed prosecutorial misconduct when it commented during closing arguments on the truthfulness of his testimony.
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Car ad not deceptive, but salesperson’s statements keep fraud claim alive

October 30, 2013
Jennifer Nelson
Car dealers, like many businesses, often “puff up” their advertisements to make their cars more attractive to potential buyers, and this puffery can’t be the basis of deception or fraud claims, the Indiana Supreme Court ruled Tuesday. But a woman’s fraud claim against an Indianapolis car dealer will continue.
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District Court program to look at Cypriot Mosaics case

October 30, 2013
Jennifer Nelson
This year’s Court History and Continuing Legal Education Symposium in the U.S. District Court, Southern District of Indiana will focus on one of the “most publicized and fascinating cases to come before the court in recent memory,” according to District Court.
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Insurance companies fail to show they were harmed by untimely notice

October 29, 2013
Marilyn Odendahl
The 7th Circuit Court of Appeals ruled a District Court judge from Evansville should not have excused two insurance companies from covering a $13.5 million award solely because the companies were notified of the award after the trial.
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Brother must prove why depositions should remain confidential

October 29, 2013
Jennifer Nelson
A Porter County court erred in merging the issue of confidentiality for purposes of discovery with the issue of restricting public access to materials filed in court, the Indiana Court of Appeals ruled Tuesday. It ordered a hearing at which a man involved in a lawsuit with his brother must prove why portions of his deposition should be restricted from public access under Administrative Rule 9.
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Parental rights terminations upheld in substitute magistrate cases

October 29, 2013
Jennifer Nelson
In a pair of cases before the Indiana Court of Appeals Tuesday, parents argued that their due process rights were violated when a different magistrate reported findings and conclusions to the judge than the magistrate who heard the cases. The magistrate initially on the cases resigned before making reports to the juvenile court.
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Judges uphold penalties against man for falsifying unemployment benefit documents

October 29, 2013
Jennifer Nelson
There is sufficient evidence to support the decision that a man must pay back unemployment benefits he used while working and that the man falsified information in order to receive those benefits, the Indiana Court of Appeals held.
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Man’s defense of necessity argument fails on appeal

October 29, 2013
Jennifer Nelson
The Indiana Court of Appeals held Tuesday that a reasonable jury could find that a man’s actions in trying to prevent his girlfriend from using cocaine were disproportionate to the harm avoided if she had used the drug, thus putting an end to his defense of necessity claim. The judges upheld Gerald Clemons’ possession of cocaine conviction.
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COA: Petitioning court for placement not the same as applying directly

October 29, 2013
Jennifer Nelson
The Indiana Court of Appeals clarified for a defendant its previous conclusion that he never applied for acceptance into a county post-conviction forensic diversion program and affirmed that his petition for judicial review was not proper.
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Surrogate: Clients lost fees paid to attorney who fled

October 28, 2013
Dave Stafford
As many as 80 clients of a Kokomo attorney may have pre-paid for bankruptcy petitions that the attorney failed to file before leaving the country, according to the lawyer appointed to wind down the practice.
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Justices take homeschooling-group expulsion case

October 28, 2013
IL Staff
The Indiana Supreme Court has agreed to hear two cases, including one involving a homeschooling group that presented an issue of first impression regarding education under civil rights law.
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COA upholds denial of convicted murderer’s motion to dismiss

October 28, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that murder charges should have been dismissed based on a plea agreement he made with the state, finding no error by the trial court in allowing the jury to decide whether the defendant’s testimony was credible. The plea agreement preventing prosecution for murder would be in effect only if the defendant met certain criteria.
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Surrogate handling missing Kokomo attorney’s files

October 28, 2013
Dave Stafford
Kokomo attorney Bradley Hamilton has been missing more than a month, leaving behind numerous unrepresented clients.
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COA: Admission of prior bad acts was a harmless error

October 25, 2013
Jennifer Nelson
The Indiana Court of Appeals found that evidence of a defendant’s prior bad acts was not properly admitted at his trial for theft of gasoline, but affirmed his conviction because the admission was a harmless error.
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COA: Admission of evidence of phone number did not affect verdict

October 25, 2013
Because of overwhelming evidence placing the defendant at the scene of a shooting, the admission of additional evidence that before the shooting, a victim made calls to a phone number associated with the shooter did not affect the verdict, the Indiana Court of Appeals held Friday.
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Judges say evidence supports a retrial

October 25, 2013
Jennifer Nelson
Two Indiana Court of Appeals judges granted a man’s petition for rehearing and held that the evidence is sufficient for the state to retry him on criminal recklessness and resisting law enforcement charges.
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Man didn’t prove ex-wife misappropriated child support payments

October 25, 2013
Jennifer Nelson
Sidestepping a question of first impression in a child support case, the Indiana Court of Appeals reversed the modification of child support due to insufficient evidence. The father in this case believed his ex-wife was using child support money to fund her veterinary practice.
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Former Lake County clerk’s convictions upheld by 7th Circuit

October 25, 2013
Jennifer Nelson
Thomas R. Philpot, the former Lake County clerk convicted of taking more than $24,000 in federal funds earmarked for child support and using that money to pay himself bonuses, will not receive a new trial, the 7th Circuit Court of Appeals held this week.
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Zoeller moves to strike Ritz’s suit against Board of Education

October 24, 2013
Dave Stafford
Attorney General Greg Zoeller Thursday asked a court to throw out a lawsuit filed by Superintendent of Public Instruction Glenda Ritz against the Indiana Board of Education.
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Jury finds David Camm not guilty of murder

October 24, 2013
IL Staff
After 13 years and three murder trials, David Camm has been found not guilty of murdering his wife and two young children.
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Bankruptcy court staff cuts starting to impact customers

October 24, 2013
Jennifer Nelson
The United States Bankruptcy Court for the Southern District of Indiana cut an additional eight positions from its clerk’s office at the end of September, according to an update posted online from Chief Judge James Coachys. The court had already cut six positions in the beginning of the year.
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Overwhelming evidence of guilt trumps defendant’s post-conviction claims

October 24, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld a northern Indiana man’s life without parole sentence for killing a police officer in 1997, finding the post-conviction court did not err when it denied him a new trial.
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COA once again rules guardians have no authority to file for divorce

October 24, 2013
Jennifer Nelson
Indiana law does not allow guardians the ability to petition for the dissolution of marriage on their ward’s behalf, the Indiana Court of Appeals held for the second time in nearly four months. The appeals court reversed the grant of a divorce filed by an incapacitated man’s daughters, who are his co-guardians.
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Court upholds 2-year suspension of teacher’s license

October 24, 2013
Jennifer Nelson
An administrative law judge in the Indiana Department of Education correctly imposed a two-year suspension of a special education teacher’s license, the Indiana Court of Appeals ruled Thursday. The court found no error in the ALJ’s reliance on a California case when considering whether to revoke or suspend a teaching license.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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