Court opinions

Supreme Court emancipation, support ruling draws sharp dissent

July 2, 2012
Dave Stafford
A 3-2 Indiana Supreme Court decision in a case involving a child’s emancipation and a father’s contribution toward her education resulted in a tough dissent from two veteran justices.
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Justices divided over man’s conviction of criminal trespass

June 29, 2012
Jennifer Nelson
The state failed to prove an essential element of criminal trespass, according to one Indiana justice, so he dissented from his colleagues’ decision to uphold a man’s conviction stemming from his refusal to leave his bank.

 
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Court upholds judgment in favor of Cedar Lake

June 29, 2012
Jennifer Nelson
A fired employee’s claim that he had a constitutionally protected interest in his job with the Town of Cedar Lake and that he was entitled to due process before being fired failed on appeal.
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Carmel police officer discharged for just cause

June 29, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the finding by an administrative law judge and a review board that a city of Carmel police officer was fired, but not for just cause.
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COA: mentally handicapped parents not immune from termination proceedings

June 29, 2012
Jennifer Nelson
The Indiana Court of Appeals declined to grant a mother’s request to carve out an exception in involuntary termination of parental rights cases for parents who are mentally handicapped. The Tippecanoe County mother claimed her children shouldn’t be removed from her care because of her mental faculties.
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Judges deny bail for man charged with killing 2 children

June 29, 2012
Jennifer Nelson
The Evansville man accused of setting fire to a home he shared with his girlfriend and her two children – which killed the children – and then fleeing will remain in jail awaiting his August trial, the Indiana Court of Appeals held.
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7th Circuit tosses IU dorm-search lawsuit

June 29, 2012
Dave Stafford
An Indiana University student’s federal lawsuit seeking a preliminary injunction to prevent his one-year suspension was dismissed Friday by the 7th Circuit Court of Appeals.
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US Supreme Court rules on Stolen Valor Act case

June 28, 2012
Jennifer Nelson
While the health care decision was the ruling most people were waiting to hear, the justices also issued decisions in two other cases Thursday. The nation’s highest court found the Stolen Valor Act is unconstitutional.
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7th Circuit affirms summary judgment for employer in FMLA suit

June 28, 2012
Dave Stafford
An employer was within its rights to terminate an employee who attempted to take off work under the Family and Medical Leave Act but then sought no treatment, the 7th Circuit Court of Appeals ruled Thursday.
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High court ruling opens Medicaid escape hatch for states

June 28, 2012
J.K. Wall
While upholding President Barack Obama’s health care law, the U.S. Supreme Court on Thursday also opened an escape hatch for states that do not want to take on the project of expanding their Medicaid programs.
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Unreliable evidence weighing reduces Elkhart meth dealing conviction

June 28, 2012
Dave Stafford
Elkhart County prosecutors and state witnesses used dubious methods to weigh methamphetamine during a trial, the Indiana Court of Appeals ruled Monday. The court reversed a man’s Class A felony conviction and ordered the court to resentence him on a lesser charge.
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U.S. justices rule on challenges to health care law

June 28, 2012
IL Staff
The U.S. Supreme Court released its highly anticipated decision on the challenges brought by states and other organizations to the Affordable Care Act.
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7th Circuit dismisses case for mootness

June 27, 2012
Jennifer Nelson
The appeal of an eviction initiated by the Housing Authority of South Bend was dismissed by the 7th Circuit Court of Appeals because the woman and her son have already been evicted.
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Appellate courts may consider credit time status

June 27, 2012
Jennifer Nelson
Indiana appellate courts can take into account the potential consequences of an offender’s status as a credit restricted felon when reviewing a sentence, the state Supreme Court ruled Tuesday.
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LaPorte County prosecutor suspended by Supreme Court

June 27, 2012
Jennifer Nelson
LaPorte County Prosecutor Bob “Z” Szilagyi has been suspended by the Indiana Supreme Court for forging the names of his ex-wife and secretary on a quitclaim deed on the former couple’s marital home.
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Judges reverse football player’s operating while intoxicated conviction

June 27, 2012
Jennifer Nelson
The Indiana Court of Appeals disagreed with the state’s argument that prosecutorial discretion extends to the determination of which conviction should be vacated after a finding of double jeopardy.
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Judges disagree on applicable child support guideline

June 26, 2012
Jennifer Nelson
Against the advice of their attorneys, a divorcing couple entered into a settlement agreement that included a “true up” provision for calculating child support each year. That provision is now at issue before the Indiana Court of Appeals.
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COA: exhaust administrative remedies before filing appeal

June 26, 2012
Jennifer Nelson
Because a manufacturer didn’t exhaust its administrative remedies regarding a challenge to a search of its Indianapolis facility by the Indiana Occupational Safety and Health Administration, the Indiana Court of Appeals dismissed the manufacturer’s appeal.
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Judges find no error in division of marital assets

June 26, 2012
Jennifer Nelson
The Indiana Court of Appeals upheld the equal division of marital assets of a divorcing LaPorte County couple but found the trial court erred in its calculation of how much the ex-husband owes in child support.
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Language of easement allows parking

June 26, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded that the language of an easement dating back to the 1800s allows for a family to park its cars on that easement.
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Indiana justices outline ‘improvement to real property’

June 25, 2012
Jennifer Nelson
For the first time, the Indiana Supreme Court addressed what constitutes an “improvement to real property” as mentioned in the construction statute of repose. In doing so, the justices reversed the trial court’s grant of a contractor’s motion for summary judgment in a wrongful death claim.
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Appeals court affirms breach ruling in truck dispute

June 25, 2012
Dave Stafford
The Indiana Court of Appeals affirmed a Floyd Superior breach of contract ruling for a defendant who made a contract with a purchaser who defaulted after assuming payments on a Freightliner truck.
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SCOTUS rules on immigration case, life sentences for juveniles

June 25, 2012
Jennifer Nelson
The U.S. Supreme Court Monday affirmed in part and reversed in part Arizona’s controversial immigration law. The justices also found that a life sentence without possibility of parole for juveniles violates the Eighth Amendment.
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Judge upholds sex offender ban from Facebook

June 25, 2012
Jennifer Nelson
Indiana’s law banning certain registered sex offenders from using social networking sites that allow minors is not unconstitutional, U.S. District Judge Tanya Walton Pratt ruled Friday.
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COA: Prosecutor had ability to provide use immunity

June 22, 2012
Jennifer Nelson
The Indiana Court of Appeals relied on state Supreme Court precedent to find a Shelby County prosecutor could compel parents to testify by providing use immunity. The parents argued the prosecutor couldn’t grant use immunity because there were no grand jury proceedings and they hadn’t been charged with a crime.
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  1. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

  2. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  3. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  4. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  5. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

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