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Judges reverse grant of unemployment benefits

April 18, 2012
Jennifer Nelson
The Indiana Court of Appeals has held that if an employee’s explanation for the behavior that led to his termination is another terminable offense, that provides just cause for termination. As a result, the judges reversed the decision to grant a fired man unemployment benefits.
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Justices to hear driving while suspended case at Martin University

April 18, 2012
IL Staff
The Indiana Supreme Court will visit Martin University in Indianapolis Friday to hear arguments in a case over whether a man driving a scooter could be convicted of operating a “motor vehicle” while his driving privileges were suspended.
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COA split on ability to review case

April 18, 2012
Jennifer Nelson
The majority on a personal injury case has dismissed it for appellate review, finding the Indiana Court of Appeals doesn’t have jurisdiction. The majority believed the case was not timely appealed.
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Attorney general investigating political calls

April 18, 2012
IL Staff
Indiana Attorney General Greg Zoeller announced Tuesday that he is investigating whether political phone calls are being made under the guise of the AG’s main office number.
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7th Circuit upholds sentence for drug offenses

April 17, 2012
Jennifer Nelson
Dealing with the issue for the first time, the 7th Circuit Court of Appeals has held that a certificate of appealability is needed for the part of a case that challenges the denial of collateral relief.
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Judge leaves attorneys on tax refund appeal

April 17, 2012
Jennifer Nelson
Indiana Tax Court Judge Martha Wentworth has denied the State Department of Revenue’s attempt to disqualify the two attorneys representing a company in a refund dispute.
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Mother's actions support contempt finding

April 17, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld finding a mother in contempt of court for not dismissing a protective order against her ex-husband as required by their dissolution decree. The judges also affirmed the award of compensatory damages and attorney fees to the father, but reversed a 10-day sentence imposed for future violations.
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Judges order possession charge dismissed

April 17, 2012
Jennifer Nelson
Relying on United States Supreme Court precedent, the Indiana Court of Appeals has reversed the denial of a man’s motion to suppress marijuana found on him after a traffic stop. The appellate court found the officers did not reasonably believe the man was armed and dangerous to justify the pat down.
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Judges rule on easement dispute

April 17, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled partly in favor of a couple seeking to place a fence along their property line shared with a condominium complex, which would affect the use of a sidewalk by the condo homeowners.
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COA rules in favor of previous shareholders in dispute with new owners

April 16, 2012
Jennifer Nelson
The Benton Circuit Court erred in denying partial summary judgment to the former shareholders of a garden accessories company, the Indiana Court of Appeals held.
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Justices accept 1 case, deny 9

April 16, 2012
The Indiana Supreme Court has agreed to hear a first impression case concerning whether a mortgagee on record had an enforceable right under the mortgage.
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South Bend probate judge candidate forum

April 16, 2012
Jenny Montgomery
The six candidates for Probate Court in St. Joseph County will participate in a forum from 3 to 4 p.m. April 28 at Indiana University South Bend.
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ACLU of Indiana seeks board members

April 13, 2012
IL Staff
The ACLU of Indiana is now accepting nominations for its board of directors. Board members must be members of the organization.
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Bankruptcy court seeks comment on local rule change

April 13, 2012
IL Staff
The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment on a change to Local Rule B-9013-1, Motions Initiating Matters and Other Requests for Relief.
 
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7th Circuit rules on sentence reduction

April 12, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered a man resentenced because the District judge erred by not granting the defendant the one-level reduction under the United States Sentencing Guidelines that was triggered by the government’s motion.
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Medical malpractice judgment upheld by appellate court

April 12, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the $1.25 million judgment against a gastroenterologist after a patient brought a medical malpractice claim for a missed cancer diagnosis. The judges found the trial court didn’t abuse its discretion in excluding certain evidence.
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Judges affirm 90-year sentence for child molester

April 12, 2012
Jennifer Nelson
The Indiana Court of Appeals found that a child molesting victim’s statement to her grandmother – as testified by the grandmother at trial – should not have been admitted. But, that hearsay reference did not deprive the defendant of a fair trial.
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Teachers will have civics lesson at Indiana Statehouse

April 12, 2012
IL Staff
The Indiana Supreme Court, the International Association of Defense Counsel and the Indiana Bar Foundation are collaborating to present a workshop for Indiana teachers April 13.
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COA travels to Valparaiso for arguments

April 12, 2012
IL Staff
The Indiana Court of Appeals will hear arguments at Valparaiso University Law School in a rape case.
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5 political candidates file lawsuit

April 12, 2012
Jennifer Nelson
Three judicial candidates in Marion County and two candidates for the Indiana House are suing the county Board of Voter Registration and Election Board, alleging they were denied access to public information.
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Trial court erred in instructing jury in negligence case

April 11, 2012
Jennifer Nelson
A divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.
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Evidence doesn't support enhanced possession charges

April 11, 2012
Jennifer Nelson
Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.
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Bankruptcy Court creating mediator panel

April 11, 2012
IL Staff
The U.S. Bankruptcy Court in the Southern District of Indiana is developing a panel of attorneys who want to serve as mediators pursuant to Local Rule B-9012-2. The panel is intended to make alternative dispute resolution more available for cases where this type of mechanism will be appropriate.
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Andy Mohr target of Volvo Trucks lawsuit

April 11, 2012
Scott Olson
When Volvo Group North America LLC sought to sell its semi trucks in the Indianapolis area, the company turned to veteran auto dealer Andy Mohr to help it gain a foothold in the market.
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Hauke receiver files suit to recover $600k from Arizona investor

April 11, 2012
J.K. Wall
The receiver representing investors in the Ponzi scheme run by convicted money manager Keenan Hauke has sued to recover nearly $600,000 in improper payments made to an Arizona investment fund.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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