Court opinions

Court ordered to recalculate division of pension

March 19, 2012
IL Staff
The Indiana Court of Appeals has ordered the lower court to take another look at the division of a husband’s pension, finding the court used the wrong number in its decision.
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Judges affirm change in custody

March 19, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the modification of a custody order giving the father primary custody of his son, finding the trial court didn’t abuse its discretion in deciding that the boy’s physical and mental/academic maturation constituted a substantial change warranting the change in custody.
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Supreme Court upholds refusal to give jury instruction

March 19, 2012
Jennifer Nelson
The Indiana Supreme Court has adopted the full opinion of the Indiana Court of Appeals, which upheld the decision by a trial court not to give a defendant’s tendered instructions on lesser-included offenses of murder.
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Supreme Court rules AOL required to pay online use taxes

March 16, 2012
Michael Hoskins
The Indiana Supreme Court has held that companies purchasing online promotional materials from outside the state must pay a use tax when those materials are distributed within Indiana.
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Justices address forum-shopping

March 16, 2012
Michael Hoskins
The Indiana Supreme Court has clarified that a defendant who claims forum-shopping has happened in a criminal case does not need to establish prejudice in order to prevail on appeal.
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Officer's statement not protected by First Amendment

March 16, 2012
Michael Hoskins
A divided Indiana Court of Appeals has ruled the New Albany Police Department had the right to discipline an officer whose racially charged comments made to fellow officers were leaked to the press and made public.
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COA rules police officer's questions not unconstitutional

March 16, 2012
Jenny Montgomery
The Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that no constitutional violation occurred when he allowed a police officer to search his car.
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Appeals court rules on gas station's insurance coverage case

March 16, 2012
Michael Hoskins
Determining that an insurance company was obligated to defend and indemnify a Warsaw service station for contamination cleanup, the Indiana Court of Appeals has reversed a Kosciusko Superior Court decision finding otherwise.
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Judges rule Wisconsin court had personal jurisdiction

March 16, 2012
Michael Hoskins
The Indiana Court of Appeals has determined a Johnson Superior judge should not have set aside a Wisconsin court’s default judgment involving the sale and delivery of a boat between parties in the two states.
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Justices rule Charlie White was eligible for office

March 15, 2012
Michael Hoskins
Refusing to go against the will of Indiana voters, the state’s highest court has held that Charlie White was eligible to run for secretary of state and assume that office after being elected in 2010.
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Judges rule on lakefront land rights case

March 15, 2012
Michael Hoskins
The Indiana Court of Appeals has upheld a LaGrange Circuit judge’s decision granting summary judgment for a group of land owners caught up in a court dispute with neighbors about a portion of land situated between the plaintiffs’ homes and the shore of Big Long Lake.
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Justices rule that law allows town of Fishers to proceed with reorganization

March 15, 2012
Jenny Montgomery
Responding to a certifiable question from Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, the Indiana Supreme Court held that the town of Fishers may proceed with plans to reorganize as a city whose council chooses a mayor.
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Court of Appeals reverses medical malpractice ruling

March 15, 2012
Michael Hoskins
Determining that a question exists about when the statute of limitations started running on a proposed medical malpractice complaint, the Indiana Court of Appeals has reversed a decision in a case involving the death of a woman at an Indianapolis hospital after receiving medication prior to heart surgery.
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Appellate court reverses trial court in union labor dispute

March 15, 2012
Jenny Montgomery
The Indiana Court of Appeals has reversed a trial court that had determined an arbitrator exceeded his powers when he found in favor of a labor union.
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COA affirms trial court in finding drug evidence was admissible

March 15, 2012
Jenny Montgomery
The Indiana Court of Appeals has held that a trial court did not err in admitting evidence obtained from a search of a purse and hotel room.
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Supreme Court rules Charlie White was eligible to assume office

March 15, 2012
Michael Hoskins
The Indiana Supreme Court has held that Charlie White was eligible to assume the office of secretary of state after being elected to that post in the 2010 general election. The justices point out the average voter was aware of concerns surrounding White’s voter registration history and they will not, on the basis of the petition before them, “judicially disenfranchise voters who went to the polls.”
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Judges reverse adoption completed while mother was out of state

March 14, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed the grant of an adoption petition by a child’s paternal grandparents, finding the matter was surrounded by irregular and fraudulent circumstances.
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Justices rule for first time on FEGLIA preemption issue

March 14, 2012
Jennifer Nelson
In a dispute between two ex-wives over the life insurance policy of their deceased husband, the Indiana Supreme Court has ordered the trial court determine how much money each woman is entitled to.
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Court upholds robbery conviction

March 14, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed a woman’s Class B felony robbery conviction over her objections that the jury’s guilty finding for assisting a criminal is logically inconsistent with its guilty finding for robbery as an accomplice.
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Tort law case tests boundaries of 'duty'

March 14, 2012
Jenny Montgomery
The Indiana Court of Appeals recently issued an opinion that answered some complicated questions about the point at which one person assumes a “duty” to another. But the panel did not reach a consensus, with one judge writing that the majority opinion could have a negative impact on public policy.
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Shield law ruling unique in nation

March 14, 2012
Michael Hoskins
The Indiana Court of Appeals adopts a modified test in a defamation case.
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Indiana Court Decisions - Feb. 23-March 7, 2012

March 14, 2012
IL Staff
Read summaries of the latest for publication opinions from the 7th Circuit Court of Appeals and Indiana's appeals courts.
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Appellate court affirms ruling in retaliation lawsuit

March 13, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has upheld a northern Indiana judge’s decision granting summary judgment for a bank in a lawsuit filed by a former employee alleging retaliation in violation of the Age Discrimination in Employment Act of 1967.
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7th Circuit reverses Southern District judge

March 13, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has reversed a decision by U.S. Judge Sarah Evans Barker in the Southern District of Indiana involving a former police officer’s claim that he was falsely arrested for murder following a shooting outside an Indianapolis bar.
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COA affirms trial court in land rental dispute

March 13, 2012
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a tenant who was not given adequate notice to vacate rented land.
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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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