First impression

COA: Judge could raise affirmative defense on behalf of pro se defendant

September 9, 2010
Jennifer Nelson
A small-claims court may decide a case based upon the statute of limitations even if a defendant didn’t raise or mention it at trial but the issue was discussed during trial, the Indiana Court of Appeals ruled in an issue of first impression.
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Child must show she is born out of wedlock to inherit

August 27, 2010
Jennifer Nelson
Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section 29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.
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Look-alike offense counts as controlled-substance offense in sentencing

August 25, 2010
Jennifer Nelson
A previous conviction for a “look-alike” offense constitutes a controlled-substance offense for sentencing purposes, the 7th Circuit Court of Appeals ruled for the first time Tuesday.
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Court rules on first impression FLSA issue

August 24, 2010
Jennifer Nelson
In denying summary judgment for either party in a dispute involving the Fair Labor Standards Act, the U.S. District judge noted the issue appears to be one of first impression in the 7th Circuit.
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Federal identity theft statute includes use of deceased's identity

August 18, 2010
Jennifer Nelson
A person can be convicted of aggravated identity theft under 18 U.S.C. Section 1028A for using the identity of a person who is dead or alive, the 7th Circuit Court of Appeals ruled in an issue of first impression.
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COA addresses equine statute for first time

August 16, 2010
Jennifer Nelson
Ruling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute barred a woman’s claim for injuries during a horse competition.
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Majority overturns enticement of minor conviction based on error

July 26, 2010
Jennifer Nelson
Addressing for the issue for the first time, the 7th Circuit Court of Appeals ruled the “ostrich instruction” in context of 18 U.S.C. Section 2422(b) was not appropriately given to the jury in an enticement of a minor trial.
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Attorney fees not recoverable under adult wrongful death statute

July 20, 2010
Elizabeth Brockett
The Indiana Court of Appeals today disagreed about an issue of first impression regarding recovery of attorney fees under the adult wrongful death statute.
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Court rules on first impression 'alibi' witness issue

July 13, 2010
Jennifer Nelson
A trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana Court of Appeals ruled today in an issue of first impression.
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7th Circuit rules on attorney withdraw brief practicalities

June 22, 2010
Michael Hoskins
Ruling on an issue of first impression, the 7th Circuit Court of Appeals today extended the logic of an eight-year-old case to how criminal defendants challenge their supervised release and revocation penalties and what must be discussed in attorney withdraw briefs on those issues.
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COA upholds eviction action

April 26, 2010
Jennifer Nelson
A trial court properly treated a couple's action against the man who agreed to purchase a house from them as an eviction, the Indiana Court of Appeals concluded. The court also analyzed for the first time the nature and effect of a pre-closing possession agreement like the one in the instant case.
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Tax court rules on inheritance issue

April 23, 2010
Jennifer Nelson
In Indiana, a person adopted pre-emancipation can't be considered a Class A transferee beneficiary for inheritance tax purposes, the Indiana Tax Court ruled Thursday afternoon in an issue of first impression.
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COA rules on first impression railroad issue

April 15, 2010
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries he sustained while employed with a transportation company.
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Judges disagree on retroactive support issue

March 31, 2010
Jennifer Nelson
In a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether a court has the authority to reach into an intact marriage and order a party to pay child support to the other.
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COA: no error in admitting no contest plea

March 25, 2010
Jennifer Nelson
A plea of no contest can be admitted under Indiana Evidence Rule 803(8) as a public record proving the fact of a conviction, the Indiana Court of Appeals affirmed today. The appellate court found no error in admitting a defendant's nolo contendere plea to a Florida murder as proof he was convicted of an offense qualifying him as a serious violent felon.
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Supreme Court grants 3 transfers

March 18, 2010
Jennifer Nelson
The Indiana Supreme Court granted three transfers Wednesday, including a case of first impression on sentence enhancements.
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Couple not a 'successful party' in settlement

March 16, 2010
Jennifer Nelson
Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
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High court grants 6 transfers

March 1, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer today to decide whether casinos can ban card counters. The high court also granted transfer to five cases Thursday, including a case of first impression regarding post-retirement health-insurance premiums.
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Circuit Court rules on first impression issue

February 9, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals resolved an issue of first impression today: what is needed to be deemed "adequate writing" under the Telecommunications Act of 1996.
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Majority: No double jeopardy in enhancement

January 20, 2010
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals was divided about whether a man's sentence enhancement based on his use of a deadly weapon violated the application of double-jeopardy principals.
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COA: No presumption of undue influence

January 19, 2010
Jennifer Nelson
A 2005 amendment to Indiana Code sets aside the common law presumption of undue influence with respect to certain transactions benefiting an attorney in fact, the Indiana Court of Appeals ruled today on an issue of first impression.
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COA adopts 'site-specific' approach

December 3, 2009
Jennifer Nelson
For the first time, the Indiana Court of Appeals adopted a site-specific approach to rule on an insurance case with multiple policies in several states. The appellate court had been following a uniform-contract-interpretation approach when ruling on choice of law questions in contract actions.
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Court splits on first impression dissipation case

November 30, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented today from his colleagues' decision that a spouse may be found to have dissipated property after refusing to sign and file joint tax returns because the judge believes the ruling is "bad law and bad policy."
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COA: Government vehicle exclusion is void

November 25, 2009
Jennifer Nelson
The Indiana Court of Appeals concluded today in a matter of first impression that the government vehicle exclusion in underinsured motorist policies is void as against public policy.
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COA: Insurance funds aren't a money judgment

November 16, 2009
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals decided today that a summary judgment granting insurance policies isn't equivalent to a money judgment that would allow for 8 percent post-judgment interest.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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