Court opinions

Court erred in granting mom relief from dad’s Wyoming order

January 12, 2016
Dave Stafford
An Indiana trial court erred when it granted a mother’s request for Trial Rule 60(B) relief from a Wyoming court order that reduced a father’s child support arrearage to zero.
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Man convicted in swordfight death loses PCR appeal

January 12, 2016
Dave Stafford
A man convicted of killing his great-uncle in a 2009 swordfight that also took the life of his grandmother failed Tuesday in his pro se post-conviction relief appeal.
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Employed physician fails to show hospital ‘blemished’ his reputation

January 12, 2016
Marilyn Odendahl
A central Indiana radiologist was not deprived of property when Tipton Hospital cancelled his medical privileges and the contract with his professional corporation, according to the 7th Circuit Court of Appeals.
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Justices swap woman’s name for initials in protective order case

January 7, 2016
IL Staff
The Indiana Supreme Court granted a woman’s request Wednesday to redact her full name from a court decision involving a protective order obtained against her.
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COA affirms foreclosure of Crown Point property

December 31, 2015
Jennifer Nelson
A trial court was correct in granting a bank’s request to foreclose on a Crown Point, Indiana, business park, the Court of Appeals held Thursday.
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COA finds fired highway worker was at-will employee

December 31, 2015
Marilyn Odendahl
Echoing precedent, the Indiana Court of Appeals has found that an employee handbook is not an employment contract.
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Amendment to new criminal code foils attempt for sentence modification

December 31, 2015
Marilyn Odendahl
A Vanderburgh County man hoping to benefit from Indiana’s overhaul of its criminal codes was instead reminded to read state statutes very carefully.
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COA affirms weapon charge after suspicious person call

December 31, 2015
Dave Stafford
A man convicted of Level 5 felony carrying a handgun without a license failed to convince the Indiana Court of Appeals his Fourth Amendment rights were violated when the weapon was seized from him as he walked down a country road.
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Trucker’s widow entitled to prejudgment interest, COA decides

December 31, 2015
Dave Stafford
The widow of a truck driver killed in an accident is entitled to collect more than $622,000 in prejudgment interest on a $6 million verdict, but is otherwise barred from an award of attorney fees, the Indiana Court of Appeals ruled on rehearing Thursday.
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COA affirms judgment for law firm on malpractice claim

December 31, 2015
Dave Stafford
A law firm was properly granted summary judgment on a malpractice counter-complaint a bankruptcy client filed after the firm sued for nonpayment of legal fees.
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COA re-enters molestation conviction, rejects evidence challenge

December 31, 2015
Dave Stafford
A trial court erred in vacating one of two convictions of Class A felony child molesting at a Dearborn County man’s sentencing, the Court of Appeals ruled Thursday. The panel also rejected the offender’s claim evidence should not have been admitted.
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Court sua sponte reverses 5 convictions

December 30, 2015
Jennifer Nelson
Although a man convicted in a brutal attack on his grandmother lost his arguments on appeal, the Indiana Court of Appeals sua sponte reversed five of his six convictions stemming from the attack for double jeopardy reasons.
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House party hosts face heightened liability after recent COA ruling

December 30, 2015
Dave Stafford
Just in time for holiday revelry and New Year’s Eve celebrations, an Indiana appeals court ruled hosts of house parties may be held liable for the well-being of guests who drink too much.
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Indiana’s alcohol laws withstand court challenges

December 30, 2015
Marilyn Odendahl
Recent rulings from state and federal courts underscore that while Indiana’s alcohol laws may be silly, quirky and arcane, they are not so easily changed.
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Split COA finds attorney did not provide adequate counsel

December 29, 2015
Marilyn Odendahl
Two typewritten letters and handwritten notes between a now-deceased defense attorney and a former prosecutor have divided the Indiana Court of Appeals over whether a plea agreement had actually been negotiated.
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Court: Disputed model year may void van sale agreement

December 29, 2015
Dave Stafford
A trial court erred when it granted summary judgment in favor of the seller of a van who represented to the buyer the vehicle was a year newer than recorded on the title.
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COA on rehearing clarifies where to send payment

December 28, 2015
Dave Stafford
The Indiana Court of Appeals Monday rejected arguments that its prior decision regarding a student-loan debt owed to a bankrupt note-holder caused confusion as to who was owed and left the debtor open to the possibility of multiple judgments.
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Reversal: BMV must report driver’s expunged OWI conviction

December 28, 2015
Dave Stafford
A trial court erred in prohibiting the Bureau of Motor Vehicles from reporting the operating while intoxicated conviction of a driver who had his criminal record expunged.
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COA reaffirms reversal of molest convictions for vouching

December 23, 2015
Dave Stafford
The Indiana Court of Appeals clarified its position on rehearing Wednesday in the reversal of child molesting convictions that the state “vigorously argues” were erroneously ruled reversible error.
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Reversal: Care facility must pay legal fees after $1M negligence verdict

December 23, 2015
Dave Stafford
An assisted-living facility where a resident died after being badly burned must pay the estate’s attorney fees, the Indiana Court of Appeals ruled Wednesday in reversing a trial court.
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South Bend man wins partial reversal of sewer nuisance suit

December 23, 2015
Dave Stafford
A man who sued South Bend claiming that noxious gas from city sewer lines had been forced into his home may proceed with part of his lawsuit against the city.
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COA upholds decision to deny Edinburgh tax deed

December 22, 2015
Jennifer Nelson
A trial court did not err when it entered an order denying the town of Edinburgh’s request for the issuance of a tax deed and granting the landowner equitable relief, the Indiana Court of Appeals held Tuesday.
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Split court reverses dismissal of complaint against probation officers

December 22, 2015
The Indiana Supreme Court decided 3-2 Tuesday to reverse the dismissal of a man’s claims arising out of his incarceration for a probation violation that allegedly occurred after his term of probation had expired.
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Appeals court concerned about fee-shifting provisions in domestic relations cases

December 22, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s decision to not award a mother attorney fees despite the inclusion of a fee-shifting provision in her divorce settlement. In doing so, the appeals court pointed out how these provisions may go against public policy.
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COA rules in contentious attorney fees case

December 22, 2015
Jennifer Nelson
The Indiana Court of Appeals had harsh words for the three lawyers involved in a protracted, unprofessional legal battle over attorney fees owed in a breach of contract lawsuit against Lake Station, Indiana.
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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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