Court opinions

7th Circuit reverses in girls' basketball discrimination complaint

February 1, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals issued an opinion Tuesday stating it believes the appellants in a discrimination claim have presented a genuine question of fact that merits further review.
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Giving fee guidance

February 1, 2012
Michael Hoskins
Indiana Supreme Court decisions on fee structures lack bright-line rules and have caused questions about practicality.
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Expert's voice carries weight

February 1, 2012
Michael Hoskins
Indiana Court of Appeals finds single expert can establish standard of care for legal malpractice.
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Indiana Court Decisions

February 1, 2012
IL Staff
Read for publication opinions from Jan. 12 to 25, 2012.
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7th Circuit affirms denial of habeas corpus petition

January 31, 2012
Jenny Montgomery
A man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
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Justices rule on admitting testimony in crash cases

January 31, 2012
Jennifer Nelson
The Indiana Supreme Court released companion cases Tuesday on the issue of admitting certain expert testimony under Indiana Rule of Evidence 702 in two separate car accident cases.
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Officer did not violate 4th Amendment in finding gun in man's coat

January 31, 2012
Jenny Montgomery
A police officer who arrested a man and then found a gun in his coat did not violate the man’s rights, the Indiana Court of Appeals held.
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On petition for rehearing, appellate court affirms original opinion in drug case

January 31, 2012
Jenny Montgomery
A man convicted of Class D felony possession of methamphetamine asked the Indiana Court of Appeals to review its original opinion affirming the trial court.
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Appellate court affirms murder conviction; reverses on corpse abuse conviction

January 31, 2012
Jenny Montgomery
The erroneous admission at trial of a statement a man made to police unquestionably influenced the jury verdicts regarding his convictions of burglary and abuse of a corpse, causing the Indiana Court of Appeals to reverse those convictions. But the COA affirmed his conviction of and sentence for murder.
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COA affirms voyeurism charge for would-be prosecutor; Supreme Court issues suspension

January 31, 2012
Jenny Montgomery
The Indiana Court of Appeals has affirmed a voyeurism charge for William R. Wallace, a former candidate for Gibson County prosecutor. Wallace, who videotaped himself and a woman engaged in sexual intercourse, had filed an interlocutory appeal, claiming that he was innocent of Class D felony voyeurism because the sex was consensual.
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Indiana Supreme Court takes 4 cases

January 31, 2012
IL Staff
The Indiana Supreme Court granted transfer in four cases for the week ending Jan. 27 and denied transfer in 11 others.
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COA: Court erred in not granting request for change of judge

January 30, 2012
Jenny Montgomery
Indiana’s appellate court has reversed a trial court in denying a mother’s request for change of judge in a custody dispute.
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COA reverses trial court in OWI case

January 30, 2012
Jenny Montgomery
The Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence, holding that police did not violate his rights in an unusual traffic stop.
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Driver's appeal based on misinterpretation of previous COA decision

January 30, 2012
Jenny Montgomery
A woman convicted of Class A misdemeanor driving while suspended within 10 years of a prior infraction misinterpreted a prior case in support of her appeal.
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Tort Claims Act does not grant immunity for reckless conduct

January 27, 2012
Jenny Montgomery
The Indiana Court of Appeals held the Tort Claims Act does not grant immunity to law enforcement officers who fail to exercise reasonable care while driving.
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Appellate court orders new trial in child molesting case

January 27, 2012
Jenny Montgomery
A man who was convicted of Class C felony child molesting is entitled to a new trial, according to the Indiana Court of Appeals.
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COA holds volunteer caretaker not entitled to damages

January 27, 2012
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court’s finding that a man was not entitled to damages for taking care of a blighted property.
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Judge rules on summary judgment motions in IBM case

January 26, 2012
Jennifer Nelson
The State of Indiana may be on the hook to pay IBM $40 million in subcontractor assignment fees per the contract it had with IBM to update the state’s welfare system, a contract the state cancelled in October 2009 because it wasn’t happy with results.
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Appellate court upholds denial of palliative care

January 26, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed that a man is not entitled to ongoing palliative care because he failed to specify what treatment he believes he needs.
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Judges uphold convictions for attempted trafficking with an inmate

January 25, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s argument that her Class C felony conviction of attempted trafficking with an inmate violates the proportionality clause of the Indiana Constitution.
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COA: Judge didn't err in rejecting master commissioner's sentence

January 25, 2012
Jennifer Nelson
The Indiana Court of Appeals found a Marion Superior judge did not err when she rejected a master commissioner’s sentence of a man who pleaded guilty to a drunk-driving charge because the master commissioner didn’t have the authority to enter a final judgment on the sentence.
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Justices rule on Post-Conviction Rule 2

January 24, 2012
Jennifer Nelson
The Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition to file a belated direct appeal.
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COA: sentence waiver is valid

January 24, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a defendant’s petition for permission to file a belated notice of appeal, finding that she waived the right to challenge her sentence in a direct appeal.
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Judges reverse award of attorney fees

January 24, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the award of attorney fees to a daughter who was sued by her mother following a fall, finding there were no valid legal conclusions justifying the award.
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COA reverses guilty plea to Class A felony child molesting

January 24, 2012
Jennifer Nelson
Because a defendant repeatedly maintained his innocence to Class A felony child molesting at his guilty plea hearing but also pleaded guilty to the charge, the trial court erred in accepting his plea, the Indiana Court of Appeals ruled.
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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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