Court opinions

Justices rule in favor of woman alleging 'warrantless intrusion' by officer

November 29, 2016
Olivia Covington
Although a police officer believed that a Hamilton County woman could have been injured after being stuck under her car, the facts surrounding the situation did not lend themselves to an emergency situation that could justify the “warrantless intrusion” of stopping the woman’s car after she drove away.
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7th Circuit dismisses appeal based on waiver

November 28, 2016
Olivia Covington
The 7th Circuit Court of Appeals has dismissed a convicted murderer’s appeal arguing that the waiver of his right to appeal should be ignored because his sentence was outside statutory requirements, calling the man’s argument “undesirable” and “nonsensical.”
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Man must continue to pay child support for son he claimed was his, court holds

November 23, 2016
Olivia Covington
A divided Court of Appeals panel has affirmed an order requiring a non-biological father to pay child support for his wife’s child, finding that because the man supported the child throughout his life, he is legally estopped from challenging the child support order.
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Errors lead to reversal of veteran’s involuntary commitment

November 23, 2016
Olivia Covington
A trial court’s order mandating the involuntary commitment of a veteran has been vacated after the Indiana Court of Appeals found that the Department of Veterans Affairs failed to follow proper legal protocol in serving documents and did not prove that the veteran posed a risk to himself or others.
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Lack of jurisdiction keeps cemetery case in court

November 23, 2016
Olivia Covington
A woman’s fight to bury her mother in a burial site that she had purchased but that was mistakenly resold will continue after the Indiana Court of Appeals found that a small claims court did not have jurisdiction to grant her injunctive relief.
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‘Moorish national’ loses appeal of house-squatting conviction

November 22, 2016
Dave Stafford
A man who identifies as a "Moorish National" sovereign citizen immune from state and federal law had no luck persuading the Indiana Court of Appeals to overturn his convictions arising from his occupancy of an Indianapolis house that was being prepared for sale after foreclosure.
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COA: Officers don’t have to relay specifics of their ‘reasonable suspicions’

November 18, 2016
Olivia Covington
Deciding that police officers do not have to relay the specific details of their reasons for being suspicious of a person before an officer stops and detains that person, the Indiana Court of Appeals has rejected a man’s argument that evidence of his possession of a handgun was improperly admitted.
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Judges decline to consider mother’s actions in med-mal case

November 18, 2016
Olivia Covington
The Indiana Court of Appeals has rejected a doctor’s argument that a patient’s mother served as an intervening cause to the loss of the patient’s kidney and instead upheld the rule that a parent’s alleged contributory negligence may not be imputed to a child’s medical malpractice claim.
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Tow company that seized, sold cars loses injunction appeal

November 17, 2016
Dave Stafford
An Indianapolis towing company whose owner worked with bankruptcy lawyers to take possession of cars when a buyer defaulted and then resell dozens of them lost its appeal of an injunction blocking the practice and ordering the cars be returned to the lienholder.
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Felony conviction affirmed based on ‘into’ definition

November 17, 2016
Jennifer Nelson
A bullet that pierces a home’s siding is considered to be “into” the dwelling, the Indiana Court of Appeals decided Thursday in upholding a South Bend man’s criminal recklessness conviction.
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COA: Incest age defense can’t win post-conviction relief

November 17, 2016
Dave Stafford
A man convicted of incest for a consensual sexual relationship with his biological aunt couldn’t persuade the Indiana Court of Appeals that he was entitled to post-conviction relief. The man claimed ineffective assistance of counsel for failing to argue in his defense that the man’s aunt was older than 31.
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Justices dismiss ESPN suit, find Notre Dame police not public agency

November 16, 2016
Dave Stafford
Notre Dame Police are not a public agency, the Indiana Supreme Court ruled Wednesday, turning back a lawsuit from ESPN that sought records of the university police’s interactions with student athletes. The ruling means Indiana’s Access to Public Records Act does not apply to university police at private institutions.
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COA dismisses request to make trial court order final

November 15, 2016
The Indiana Court of Appeals has dismissed a mother’s request to characterize an order ending her parent-child relationship as a final order, writing that she still had to option of appealing the trial court’s decision through interlocutory appeal.
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COA upholds murder conviction after rejecting involuntary manslaughter appeal

November 15, 2016
Olivia Covington
The Indiana Court of Appeals has upheld a man’s murder conviction after rejecting his claim that the jury should have been instructed on an involuntary manslaughter charge because he did not intend to kill his victim when he was beating her.
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COA says golf cart use is par for the course during the game

November 15, 2016
Olivia Covington
A man’s negligence claim against a golf teammate who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior for participants in the sport.
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Greenfield police officer loses suit over discipline for profane texts

November 2, 2016
Dave Stafford
A Greenfield police officer has lost his federal lawsuit filed against the city after he was suspended for allegedly sending profane text messages that insulted and threatened his superior officers.
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ISP officer loses whistleblower appeal

November 2, 2016
Dave Stafford
State workers alleging retaliation for whistleblower activities must first exhaust all administrative remedies before suing, the Indiana Court of Appeals held Wednesday, affirming a trial court ruling against a 27-year Indiana State Police officer.
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7th Circuit affirms jury verdict in injured railroad worker's suit

October 27, 2016
Olivia Covington
A jury correctly ruled against an employee of the railroad company CSX Transportation Inc. who sued his employer after an on-the-job accident that resulted in severe back pain, citing evidence that proved the pain existed before the accident, the 7th Circuit Court of Appeals decided Thursday.
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COA affirms woman’s involuntary commitment despite moot appeal

October 27, 2016
Olivia Covington
Although the term of her commitment in an Indiana mental health facility had already expired, the Indiana Court of Appeals chose Thursday to hear a woman’s moot appeal of her commitment and affirm it, writing that the case needed to be heard as a matter of great public importance.
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COA will not allow specialized driving privileges for man with 27 traffic violations

October 26, 2016
Olivia Covington
An Indiana man now living in Mississippi whose Indiana driver’s license was suspended for life after more than two dozen traffic violations cannot receive special Indiana driving privileges that would enable him to obtain a license in Mississippi.
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Homeowner can be liable for party injuries resulting in death, but not for furnishing alcohol

October 26, 2016
Olivia Covington
The Indiana Supreme Court held Wednesday that a woman whose party guest died at her home after a drunken brawl could be considered negligent because she did not seek care for the guest, but not on the basis of supplying alcohol to the men involved in the fight.
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IN Supreme Court holds that bar shooting was not foreseeable

October 26, 2016
Olivia Covington
After deciding that foreseeability in the context of duty in a negligence case is different than in the context of proximate cause, the Indiana Supreme Court held Wednesday that a Grant County bar was not negligent in a shooting that injured three people because the shooting was not foreseeable.
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Supreme Court upholds burglar’s sentence, rejects COA assessment of appellate argument

October 25, 2016
Olivia Covington
The Indiana Supreme Court affirmed Tuesday a burglar’s felony conviction and sentence, but also rejected a harsh Court of Appeals assessment of the his argument appealing his sentence.
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7th Circuit upholds drug offender’s conviction, vacates life sentence

October 25, 2016
Olivia Covington
A man convicted of multiple drug offenses and sentenced to a life term in prison will soon receive a new sentence after the 7th Circuit Court of Appeals vacated it on Tuesday.
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Indiana Supreme Court upholds decision granting convicted felon’s motion for relief

October 25, 2016
Olivia Covington
The Indiana Supreme Court will allow a convicted felon to bring his case for post-conviction relief back to court to be heard on the merits after finding that his motion for relief was filed in a timely manner, despite a seven-year delay.
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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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