Court opinions

Tinted-window stop yielding pot arrest by precedent-setting cop upheld

August 20, 2013
Dave Stafford
Indianapolis Metropolitan Police Department officer Keith Minch is on a roll in the appellate courts.
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COA affirms probation violation for nonsupport, modifies amount due

August 20, 2013
Dave Stafford
A trial court properly revoked probation of a man sentenced for non-support of a dependent child, but the Indiana Court of Appeals ordered the lower court to revise the arrearage.
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Foreclosure stands against ‘Redemptionist’ claims, appeals panel rules

August 19, 2013
Dave Stafford
A pro se litigant who fought a mortgage foreclosure by attempting to pay a bank with drafts from his purported account at the United States Treasury has no basis to reverse summary judgment in favor of the lender, the Court of Appeals ruled Monday.
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7th Circuit affirms tax convictions of Fort Wayne entrepreneur

August 15, 2013
Dave Stafford
A man whose family spent millions while he pleaded poverty to gain need-based scholarships for his children and failed to report foreign bank accounts lost the federal appeal of his conviction on multiple tax charges Thursday.
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Change in state statute gets public intoxication conviction overturned

August 15, 2013
Marilyn Odendahl
Although the evidence showed the man was intoxicated in public, the Indiana Court of Appeals overturned his conviction because he was not a threat to public safety.
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Conviction, 30-year sentence affirmed in armed robbery

August 15, 2013
Dave Stafford
A man who, with other masked gunmen, robbed an Indianapolis Asian market lost his appeal Thursday.
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For want of $2, negligence claim is untimely

August 15, 2013
Dave Stafford
A filing fee that was $2 less than required for a negligence claim in Clark County but was corrected and paid in full after the statute of limitations ran out may not proceed, the Indiana Court of Appeals held Thursday.
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Divided appellate court reinstates charges stemming from illegal stop

August 15, 2013
An Indianapolis man who faced multiple charges when he fled from and battled with police after a stop the state concedes was illegal still may be prosecuted on evidence gained after he fled, two of three Court of Appeals judges ruled Tuesday.
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Appeals panel affirms sole custody for mother moving to China

August 15, 2013
Dave Stafford
A father lost his appeal Thursday of a trial court ruling granting sole custody to the mother of the divorced couple’s child, who will move with her to China for three years.
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No new trial for defendant who discovered pitfalls of proceeding pro se

August 15, 2013
Marilyn Odendahl
A defendant’s request for a do-over after representing himself at trial and being found guilty was denied by the Indiana Court of Appeals with the admonishment “proceeding pro se is riddled with pitfalls.”
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Malpractice defense accused of ‘egregious mischaracterization’ of record

August 15, 2013
Dave Stafford
Defense attorneys who asked for a rehearing from the Indiana Court of Appeals panel that earlier affirmed a trial court medical malpractice jury verdict failed to sway judges who took the opportunity to call out their “egregious mischaracterization” of the record.
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Community-caretaking duties permits warrantless search

August 14, 2013
Marilyn Odendahl
A warrantless search that led to discovery of marijuana and a handgun did not violate the Fourth Amendment because the police found the items as part of their “community-caretaking” duties.
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Charge dismissed in error negates felony DUI enhancement

August 14, 2013
Dave Stafford
The state’s errant dismissal of a misdemeanor drunken-driving charge in 2009 may not be corrected in order to enhance to a felony a defendant’s second such charge within five years, a divided panel of the Indiana Court of Appeals ruled.
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Man still drunk despite change in public intoxication statute, COA rules

August 14, 2013
Dave Stafford
A 2012 change in Indiana’s public intoxication statute adding a required charging element of at least harassing, annoying or alarming another person doesn’t negate a conviction for a man who the Indiana Court of Appeals ruled did at least that much.
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Nigerian immigrant's religious discrimination suit carries cautions for employers

August 14, 2013
Dave Stafford
Sikiru Adeyeye had a mission when his father died in Nigeria three years ago. Letters to his employer asking to take one week of paid vacation and several weeks off without pay expressed the urgency of his obligation.
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Accused murderers likely to stay in jail awaiting trial

August 14, 2013
Marilyn Odendahl
When the Indiana Supreme Court upended 150 years of precedent concerning murder defendants, it raised eyebrows and stirred debate but, in practice, the impact of the opinion is expected to be very limited.
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Justices revive malpractice suit alleging doctor’s failure to warn patient not to drive

August 8, 2013
Dave Stafford
A medical malpractice suit arising from a debilitating head-on automobile crash should not have been disposed of through summary judgment in favor of the doctor, the Indiana Supreme Court ruled Thursday. Justices reversed the order and sent the case back to the trial court.
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Muncie church did not invade on grieving couple’s privacy

August 7, 2013
Marilyn Odendahl
A church that issued a press release and held a press conference following the sudden death of a baby boy was found to not have interfered with the parents’ reasonable expectation of solitude and seclusion. 
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Seizure of guns upheld for ‘dangerous’ man who stalked Spierer site

August 6, 2013
Dave Stafford
A man who behaved erratically, told far-fetched stories of seeing missing Indiana University student Lauren Spierer, and scoped out the place she was last seen alarmed Bloomington police enough that authorities took from him and his Indianapolis home 51 guns and ammunition.
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Dismissal, jury verdict for Alcoa in cancer suit stand on appeal

August 6, 2013
Dave Stafford
A couple who sued an aluminum manufacturer and claimed their exposure to toxic chemicals led to the husband’s rare form of liver cancer lost their appeal Tuesday.
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Habeas writ reverses resentencing from divided COA

August 6, 2013
Dave Stafford
A Fulton County man who filed a writ of habeas corpus claiming he was falsely imprisoned won a reversal of a clarified sentencing order Tuesday, with one Court of Appeals judge saying he should be freed entirely.
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Recusal question occupies 7th Circuit in District Court’s dismissal of habeas petition

August 2, 2013
Marilyn Odendahl
Although a prisoner filed his habeas petition late, the 7th Circuit Court of Appeals ruled the District Court should not have dismissed it on procedural grounds.
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Contract termination ends health care provider’s eligibility for federal funds

August 2, 2013
Finding that the status of the grant holder had changed, the 7th Circuit Court of Appeals ruled that Citizens Health Corp. is no longer eligible for Section 330 federal monies.
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COA notes Indiana law would have changed outcome of environmental dispute

August 2, 2013
Marilyn Odendahl
Using California law, the Indiana Court of Appeals ruled that an insurance company does not have to pay for an environmental cleanup, but the court noted it did not agree with the position of the Golden State and it would have ruled differently if Indiana law had been applicable.
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Judge sets decorum rules for Shuai trial

August 2, 2013
Dave Stafford
Anticipating a high-profile, weeks-long trial beginning after Labor Day, a Marion County judge Friday laid down rules for public and media decorum in the criminal case against Bei Bei Shuai.
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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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