Judge Edward W. Najam Jr.

Defense attorney's arranged drug buy illegal

February 28, 2011
Jennifer Nelson
The Indiana Court of Appeals rejected a Bloomington attorney’s argument that his arrangement of a drug buy in an attempt to discredit a state’s witness against his client wasn’t a criminal offense because he’s “on the same legal footing” as prosecutors or police in planning controlled buys.
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COA: Summons should notify of risk of default judgment

February 24, 2011
Jennifer Nelson
Due process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution, ruling it was void because the summons served on the wife was insufficient.
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COA panel divided on trial court involvement with subpoena

January 12, 2011
Jennifer Nelson
The Indiana Court of Appeals split today on whether an Indiana trial court had the authority to order a company to comply with a subpoena issued by arbitrators in New York.
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COA: Trust not bound by ISTA employment arbitration clause

December 28, 2010
Michael Hoskins
The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.
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Judges split on approving high-cost retraining tuition

December 16, 2010
Jennifer Nelson
A panel of judges on the Indiana Court of Appeals couldn’t agree on whether a laid-off man’s request for training at an expensive college should be approved.
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Appellate court to hear arguments in Fishers

December 9, 2010
IL Staff
The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.
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Appellate court finds garage insurance policy doesn’t cover injuries

November 18, 2010
Jennifer Nelson
For only the second time, the Indiana Court of Appeals has addressed the language in a garage insurance policy, and upheld partial summary judgment in favor of the insurer.
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COA finds voyeurism statute not vague

October 29, 2010
Jennifer Nelson
The state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting a man’s claims that the statute would prevent taping a surprise birthday party.
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Judges define 'courthouse' for first time

October 14, 2010
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals had to decide if a courthouse means a particular building or may be any place that houses the trial courts. Their decision would impact a woman whose home was sold in a sheriff’s sale.
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Defendants in will contest must timely answer

September 7, 2010
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.
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COA addresses inverse condemnation issues

August 20, 2010
Elizabeth Brockett
Inverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding fraudulent concealment and the statute of limitations.
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Admittance of psychologist's testimony requires new trial

August 13, 2010
Jennifer Nelson
The Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.
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Felony can't be modified to misdemeanor 9 years later

August 6, 2010
Rebecca Berfanger
In a case of first impression, the Court of Appeals reversed and remanded with instructions a trial court’s modification of a criminal sentence from a Class D felony to a Class A misdemeanor nine years after the appellee-defendant pleaded guilty to operating a vehicle while intoxicated.
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Court: Man properly executed will, not under undue influence

August 6, 2010
Elizabeth Brockett
The Indiana Court of Appeals today affirmed a jury’s decision that upheld a will after the decedent’s children questioned whether the will was executed properly and whether the trial court erred in rejecting a jury instruction regarding undue influence.
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Judges disagree on whether grandfather can adopt

July 21, 2010
Jennifer Nelson
Judges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but allow the mother to retain her parental rights under Indiana law.
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Title company didn't have authority to close real estate deal

July 14, 2010
Jennifer Nelson
For the first time, the Indiana Court of Appeals has decided that a title insurance agent is not also an agent of the title insurance company with respect to escrow and closing services.
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COA balances free speech vs. minor's privacy rights

June 29, 2010
Jennifer Nelson
The Indiana Court of Appeals was faced with competing constitutional rights today: a mother’s right to free political speech versus her daughter’s right to privacy as to whether her father allegedly sexually abused her.
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Court: juveniles can be placed on sex offender registry

June 14, 2010
Michael Hoskins
The Indiana Court of Appeals says a ruling by the state justices last year can’t be used to stop juvenile courts from ordering juveniles to register as sex offenders.
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COA: inequity in grandparent visitation act

February 25, 2010
Jennifer Nelson
The Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships between the parties in an adoption petition.
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City violated constitution in denying refunds

December 18, 2009
Jennifer Nelson
The city of Indianapolis' refusal to grant some homeowners' requests for a partial refund of Barrett Law assessments violated the Equal Protection Clause, the Indiana Court of Appeals ruled today.
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COA: Business is a nuisance to homeowners

August 26, 2009
Jennifer Nelson
Despite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.
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Judges differ on pretrial credit award

June 12, 2009
Jennifer Nelson
Each judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant, who pleaded guilty to one charge - other charges were dismissed - is entitled to, or if he is entitled to any time at all.
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COA affirms judgment in property-tax dispute

June 5, 2009
Jennifer Nelson
The Indiana Court of Appeals released an opinion today dealing with a topic that gives many homeowners headaches - property taxes.
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Judges split in termination ruling

March 20, 2009
Jennifer Nelson
In an opinion involving whether a worker was fired for just cause after multiple excused absences, the majority acknowledged the split in the Indiana Court of Appeals regarding the reasonableness of "no-fault" attendance policies.
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County, court don't have to give back pay

February 17, 2009
Jennifer Nelson
A former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief, the Indiana Court of Appeals ruled today.
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  1. 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.

  2. 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.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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