Court opinions

Court affirms guilty but mentally ill sentence in DUI, resisting case

June 15, 2012
Dave Stafford
A six-year sentence for a man who fled from Greensburg police while intoxicated, crashed his van, injured his passenger and ran from the scene was affirmed Friday by the Indiana Court of Appeals.
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Appeal affirms denial of emancipation; includes mother in support

June 15, 2012
Dave Stafford
The Indiana Court of Appeals affirmed a Floyd Superior Court ruling denying emancipation of a 19-year-old, but sent the case back to the trial court for recalculation of her support payments to include her mother as well as her father.
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Justices vacate transfer to Criminal Rule 4(B) appeal

June 14, 2012
Jennifer Nelson
The Indiana Supreme Court has decided that a Court of Appeals decision reversing the denial of man’s motion for discharge will stand.
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Trial court erred in excluding evidence of mediation communications

June 13, 2012
Jennifer Nelson
Even though the trial court erred in excluding an ex-husband’s offer of evidence of communications during a settlement agreement following his divorce to establish a mistake occurred in drafting the agreement, the error was harmless, the Indiana Court of Appeals ruled. This case raised an issue of first impression regarding whether communications during mediation can be used as extrinsic evidence.
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7th Circuit upholds 300-month sentence

June 13, 2012
Jennifer Nelson
The United States Sentencing Guidelines aren’t susceptible to vagueness challenges, so a defendant’s claim that the career offender sentencing guideline is unconstitutionally vague failed, the 7th Circuit Court of Appeals ruled.
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Opinion examines use of sole eyewitness testimony

June 13, 2012
Jennifer Nelson
The Indiana Court of Appeals delved into the issues surrounding the reliance on just one witness’s identification and testimony regarding the person who robbed her to convict the defendant.
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Judges reverse CHINS determination

June 13, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.
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Justices find evidence supports intent to commit theft

June 13, 2012
Jennifer Nelson
The Indiana Supreme Court upheld a man’s burglary conviction, finding sufficient evidence to support that he broke into the church and entered it with the intent to commit theft.
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Wal-Mart did not discriminate against pregnant employee, 7th Circuit rules

June 12, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals held that a woman failed to prove her claims of discrimination, retaliation and other complaints against her former employer.
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Man's murder sentence upheld in abduction slaying

June 11, 2012
Dave Stafford
A man convicted of murder in Allen County will continue to serve a 65-year sentence after the Indiana Court of Appeals ruled that the callousness of the crime merited the consideration of numerous aggravators.
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Drug dealing, possession convictions upheld again

June 11, 2012
Dave Stafford
The Indiana Court of Appeals upheld on rehearing a Clark County man’s convictions of drug dealing and possession, among other charges.
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COA: Sex offender registration statute not unconstitutional

June 11, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a man who was convicted of violating requirements of the Indiana sex offender registry statute failed to show evidence of ex post facto law.
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Attempted murder sentence upheld in Martinsville school shooting

June 11, 2012
Dave Stafford
A Martinsville teen who as an eighth-grader shot and seriously wounded a classmate will continue to serve a 35-year sentence with five years suspended for his attempted murder conviction as an adult.
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Appeals court affirms attempted rape conviction

June 8, 2012
Dave Stafford
A man who tried to sexually assault a female co-worker as she slept in her home where he was a guest lost his appeal of an attempted rape conviction Friday.
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COA reverses in favor of FSSA in provider payment dispute

June 8, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a trial court erred in ruling in favor of health care providers regarding payments from the state’s Residential Care Assistance Program.
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Daughter's emancipation upheld; COA advises on forthcoming child-support changes

June 8, 2012
Dave Stafford
A 20-year-old woman will remain emancipated from her divorced parents after the Indiana Court Appeals on Friday upheld a Howard Circuit Court order.
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7th Circuit affirms court in retaliation claim

June 8, 2012
Jenny Montgomery
A man who claimed he was wrongfully terminated in retaliation for claiming racial discrimination at his workplace was fired for just cause, the 7th Circuit Court of Appeals ruled.
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COA: Indiana hog farmer’s suit against N.C. operation to proceed

June 7, 2012
Dave Stafford
A North Carolina commercial hog operation must face an Indiana farmer’s claims of nuisance, negligence and trespass after an intentionally introduced, highly contagious virus infected his neighboring herd, causing damages in excess of $275,000.
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Appeals court affirms admission of victim video in molestation trial

June 7, 2012
Dave Stafford
St. Joseph Probate Court did not err when it allowed videotaped evidence of a child molesting victim to be presented at the fact-finding hearing of a minor who subsequently was placed at the Indiana Boys School.
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COA finds court made several errors in sentencing

June 6, 2012
Jenny Montgomery
A trial court erred in sentencing a man who was on probation for one offense when he committed another, the Indiana Court of Appeals ruled.
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Termination of father's parental rights upheld on appeal

June 6, 2012
Dave Stafford
A father with a history of incarceration and substance abuse properly had his parental rights to his four minor children terminated, an Indiana Court of Appeals panel ruled Wednesday.
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Appeals court affirms dismissal of suit against Nappanee in near-drowning

June 6, 2012
Dave Stafford
The city of Nappanee was not negligent and didn’t breach its duty of care when a 5-year-old boy required CPR after lifeguards rescued the child as he floated face-down in a city pool, the Indiana Court of Appeals ruled Wednesday.
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Revocation of probation was court error

June 5, 2012
Jenny Montgomery
A trial court erred when it revoked a man’s probation, because it failed to consider several factors before issuing that order, Indiana’s Court of Appeals ruled.
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COA holds omission of 'voluntary' was not an error

June 5, 2012
Jenny Montgomery
The Indiana Court of Appeals affirmed a trial court’s decision to refuse a man’s tendered jury instructions.
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Rolls-Royce must answer federal whistleblower suit on military engines

June 5, 2012
Dave Stafford
Rolls-Royce must answer whistleblowers’ allegations that the company violated manufacturing standards, concealed defects in military aircraft engines, and retaliated against workers who raised concerns, a federal judge ruled Monday.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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