Court opinions

7th Circuit: Federal law does not preempt Indiana’s ‘robo-call’ statute

November 22, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals Thursday reversed the decision by a federal judge that Indiana’s Automated Dialing Machine Statute is preempted by the federal Telephone Consumer Protection Act. The injunction entered against enforcing the law had been stayed by the appellate court pending appeal.
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Justices: Search of vehicle violated woman’s constitutional rights

November 22, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday reversed the admittance of statements a woman made to police after a concerned citizen set up a sting operation attempting to catch an alleged drug dealer. The justices held that the warrantless seizure of Danielle Kelly’s person and vehicle violated her constitutional rights.
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Foster child’s claim against health center falls outside Medical Malpractice Act

November 21, 2013
Jennifer Nelson
A Morgan County court erred when it granted Adult and Child Mental Health Center Inc.’s motion to dismiss a lawsuit filed on behalf of a child in foster care who suffered severe brain damage from a near-drowning. The center argued the complaint was subject to the Indiana Medical Malpractice Act.
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Text messages properly admitted in custody dispute

November 20, 2013
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that evidence presented during a custody modification hearing laid a sufficient foundation for the admission of text messages between the mother and father. 
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Court rules in favor of subcontractor suing Fort Wayne

November 20, 2013
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that a trial court properly granted summary judgment for a subcontractor seeking payment from the city of Fort Wayne after the general contractor working on the city park project declared bankruptcy.
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Court finds facilities have immunity in suit over detention

November 20, 2013
Jennifer Nelson
The three unidentified entities involved in the detention of a Bloomington man for several days after he refused in-patient treatment for alcoholism are entitled to immunity in his lawsuit alleging medical malpractice, the Indiana Court of Appeals ruled Wednesday.
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Neighbors entitled to 12-foot strip of land under doctrine by acquiescence

November 20, 2013
Jennifer Nelson
In a dispute between longtime neighbors over use and ownership of a strip of land, the Indiana Court of Appeals affirmed summary judgment for one set of neighbors based on the doctrine of title by acquiescence.
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COA: Possession of syringe doesn’t support conviction

November 20, 2013
Jennifer Nelson
Because the state did not introduce evidence that a man intended to use a syringe found in his pocket after being stopped by police to inject a controlled substance into his body, his conviction for Class A misdemeanor possession of paraphernalia must be reversed, the Indiana Court of Appeals concluded.
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COA permits Knightstown to abolish town court

November 18, 2013
Marilyn Odendahl
A battle between a town council and a judge over the fate of the local town court was stopped with the Indiana Court of Appeals noting the Indiana Legislature tends not to enact statutes that produce “unjust or absurd results.”
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Justices affirm trucker’s cocaine-dealing convictions

November 15, 2013
Dave Stafford
The Indiana Supreme Court unanimously affirmed the cocaine-dealing convictions of a truck driver who challenged the state police stop that led to discovery of the drugs and claimed he was denied a speedy trial.
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Kraft prevails in Cracker Barrel fight

November 15, 2013
Dave Stafford
Not coming soon to a grocery store near you: food products from Cracker Barrel Old Country Store restaurants.
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COA: Food odors don’t support granting preliminary injunctive relief

November 14, 2013
Jennifer Nelson
In a dispute over smells from a produce business drifting into neighboring businesses, the Indiana Court of Appeals affirmed that the manager of the shopping plaza is not entitled to preliminary injunctive relief for cooking foods without proper ventilation.
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Injured woman’s insurance policy provisions are in direct conflict

November 14, 2013
Jennifer Nelson
The Indiana Court of Appeals Thursday agreed with a couple that their auto insurance policy is ambiguous because the two-year contractual limitation provision conflicts with another provision requiring full compliance with the contract.
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Partially bifurcating trial prevented prejudice

November 13, 2013
Marilyn Odendahl
A defendant’s argument that he was prejudiced by a trial court’s decision to not fully bifurcate his murder trial failed in the Indiana Supreme Court.
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Justices affirm dismissal of Logansport power plant suit

November 13, 2013
Dave Stafford
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
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Possible improper use of risk assessment in sentencing not enough for remand

November 13, 2013
Marilyn Odendahl
A man convicted of child molesting and incest will not get a chance to have his 99-year sentence reduced. The Indiana Court of Appeals ruled Wednesday that even though the trial court may have abused its discretion, the sentence was not inappropriate.
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Justices affirm rejection of tendered jury instruction

November 13, 2013
Dave Stafford
Judges have wide discretion regarding when and whether to use tendered jury instructions, the Indiana Supreme Court ruled in affirming the conviction of a criminal defendant whose proffered instructions on defense of another were rejected.
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Drug-dog sniff after traffic stop was rightly suppressed

November 13, 2013
Dave Stafford
A southern Indiana trial court rightly suppressed drug evidence gathered after a police drug-sniffing dog indicated the presence of meth in a van after a traffic stop.
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Increased bail is abuse of discretion, panel rules

November 13, 2013
Dave Stafford
A trial court abused its discretion when it raised a defendant’s bail in a meth possession case, the Indiana Court of Appeals ruled Wednesday.
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COA rules preliminary injunction wrongly extended noncompete agreement

November 13, 2013
Marilyn Odendahl
In reviewing a dispute over the terms of a noncompete agreement, the Indiana Court of Appeals reminded the trial court that a preliminary injunction has limits.
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Justices reject Spierer-obsessed man’s appeal of gun confiscation

November 12, 2013
Dave Stafford
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
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COA reverses summary judgment in complaint to recover credit card debt

November 8, 2013
Jennifer Nelson
Finding a company did not satisfy its burden of proof under Indiana Trial Rule 56(C) when attempting to collect on a breach of a credit card contract, the Indiana Court of Appeals on Friday reversed summary judgment in the case.
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Judges uphold 54-year sentence of man who asked women to take pics of kids

November 8, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument Friday that he couldn’t be convicted of Class A felony child molesting under the accessory statute because the perpetrator was under 21 at the time of the molestations.
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COA holds law firms are judgment creditors, owe restitution

November 7, 2013
Jennifer Nelson
In a dispute over whether two law firms should have to repay money from a judgment they received by way of attorney liens, the Indiana Court of Appeals held that the law firms are judgment creditors, so they are liable to pay restitution to the state of Indiana.
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COA rejects claim overhaul of Criminal Code shows Class A felonies disproportionate

November 6, 2013
Jennifer Nelson
A defendant attempted to persuade the Indiana Court of Appeals that the Class A felony classifications for dealing or possession of cocaine are disproportionate by pointing to the recent revisions to the Criminal Code. The new criminal classifications and sentencing structure that take effect next year no longer include these crimes in the highest level of felonies.
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