First impression
Court orders new arson trial
June 30, 2011
Jennifer NelsonThe Indiana Court of Appeals ordered a new trial for a man convicted of arson because the trial court erred in letting the
state amend the charging information after it had read the original charges to the jury.
MoreCOA: filing of commitment report is a procedural requirement
June 24, 2011
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals had to decide whether the timely filing of a doctor’s report
in an involuntary commitment is a jurisdictional prerequisite or a procedural requirement.
MoreCOA: Statute of repose doesn't bar woman's complaint
June 8, 2011
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals concluded that a woman’s negligence complaint isn’t
barred by a statute of repose.
MoreJustices rule on first impression issue involving sentence modification
May 26, 2011
Jennifer NelsonThe Indiana Supreme Court handed down two opinions Thursday afternoon in which the justices found the trial judges involved
erred in modifying the defendants’ sentences from Class D felonies to Class A misdemeanors.
MoreInsurer not entitled to rescind home insurance policy
May 26, 2011
Jennifer NelsonThe failure to disclose true value in a real estate insurance context doesn’t give rise to a rescission claim, the Indiana
Court of Appeals held in a case of first impression.
MoreCourt rules on medical malpractice excess damages issue
May 23, 2011
Michael HoskinsThe Indiana Court of Appeals has ruled on an issue of first impression, adopting recent guidance from the state’s highest
court to decide that evidence relating to medical malpractice liability can be introduced in determining damages even after
someone enters into a settlement with the healthcare provider on that underlying claim.
MoreJustices decide golf ball injury case
May 19, 2011
Michael HoskinsTaking a swing at an issue of first impression, the Indiana Supreme Court has ruled on a golf ball injury case and rejected
the concept that a sporting event participant owes no duty of care to protect others from inherent risks of the sport in all
situations.
MoreFirst impression issue on 'in loco parentis' doctrine
April 29, 2011
Jennifer NelsonUntil Friday, Indiana courts had never specifically addressed the application of the in loco parentis doctrine in the context
of a private club sport that isn’t affiliated with a school. The Indiana Court of Appeals addressed the issue in a lawsuit
against a private club volleyball coach and the volleyball club following the injury of a minor player while on private property.
MoreSocial Security income shouldn't be considered in restitution orders
April 21, 2011
Jennifer NelsonDealing with an issue of first impression, the Indiana Court of Appeals has ruled that Social Security income must be excluded
when considering a defendant’s ability to pay restitution.
MoreJudges disagree on whether landowners are 'aggrieved'
April 12, 2011
Michael HoskinsJurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party
is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
MoreFirst impression case tackles wetlands issue
February 28, 2011
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table
on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded
from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
MoreReligious-worship burglary enhancement doesn’t violate constitutions
February 21, 2011
Jennifer NelsonThe Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony
because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the
enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
MoreJudges find enhancement doesn't violate double jeopardy principles
January 11, 2011
Jennifer NelsonThe Indiana Court of Appeals tackled an issue of first impression in a case involving double jeopardy principles. A defendant’s
sentence was enhanced under the Firearm Enhancement Statute following a conviction for reckless homicide.
MoreCourt hits on 2 first impression issues about prejudgment interest
December 30, 2010
Michael HoskinsThe Indiana Court of Appeals has reversed a trial judge decision against awarding a litigant prejudgment interest in an uninsured
motorist case, examining two issues of first impression and finding that state statute warrants the litigant receive that
money even when it exceeds insurance policy limits for those types of claims.
MoreCourt examines statute about paternity, child support
December 21, 2010
Michael HoskinsThe Indiana Court of Appeals ruled on a matter of first impression today, analyzing a specific state statute relating to how
a court can cancel child support arrearage after a man’s paternity is vacated based on new genetic testing.
MoreJustices take 3 cases
December 20, 2010
IL StaffThe Indiana Supreme Court has granted transfer to three cases, including one of first impression involving Indiana’s
victim-advocate privilege.
MoreJudges: DNA admittance was harmless error
December 17, 2010
Jennifer NelsonThe Indiana Court of Appeals addressed for the first time today the admissibility of DNA evidence when a defendant can’t
be excluded from a possibly infinite number of people matching the crime-scene DNA.
MoreSale to trust creates first impression
December 6, 2010
Jennifer NelsonA sale of a home to a trust that included disputed errors in a sales disclosure form presented an issue of first impression
for the Indiana Court of Appeals Monday.
MoreCOA: Summary judgment wrong in foreclosure suit
November 19, 2010
Jennifer NelsonA mortgagee’s compliance with federal mortgage servicing responsibilities is a condition precedent that can be raised
as an affirmative defense to the foreclosure of a Federal Housing Administration insured loan, the Indiana Court of Appeals
ruled today for the first time.
MoreDOC violated religious rights in denying kosher meals
November 5, 2010
Jennifer NelsonA federal judge has found the Indiana Department of Correction was wrong to stop serving kosher meals to those whose religious
practices required them to eat the specially prepared meals.
MoreHigh court grants 6 transfers
October 25, 2010
IL StaffThe Indiana Supreme Court took six cases last week, including two cases of first impression before the Indiana Court of Appeals
involving attorney’s fees under the Adult Wrongful Death Statute and the modification of a felony conviction to a misdemeanor.
MoreJudges define 'courthouse' for first time
October 14, 2010
Jennifer NelsonIn 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.
MoreCOA rules on military benefits to former spouses
October 8, 2010
Jennifer NelsonRuling on the issue for the first time, the Indiana Court of Appeals has held that a military spouse may not, by a post-decree
waiver of retirement pay in favor of disability benefits or combat-related special compensation, unilaterally and voluntarily
reduce the benefits awarded to the former spouse in a dissolution decree.
MorePre-trial ID of attacker allowed at trial
September 30, 2010
Jennifer NelsonThe trial court didn’t err in allowing a victim’s pre-trial identification of his attacker, the Indiana Court
of Appeals ruled today in a matter of first impression.
MoreFirst impression case on mouthpieces as 'foreign substance'
September 30, 2010
Jennifer NelsonIn a matter of first impression, a portable breath test mouthpiece isn’t a foreign substance that will act to invalidate
the results of a blood alcohol content Datamaster chemical breath test, the Indiana Court of Appeals ruled today.
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Indianapolis law firm Stewart & Irwin closing
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Mediation space key to resolution, even if it’s a getaway divorce
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...