Dissent

Divided COA rules karate kick is an issue of material fact

May 24, 2016
Scott Roberts
The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.
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COA: Stop violated 4th Amendment

May 12, 2016
Scott Roberts
A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.
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Split COA reinstates suit of pedestrian hit by deputy’s vehicle

May 6, 2016
Dave Stafford
A man who was walking on the wrong side of the road in dark clothes at night and was struck by a Marion County deputy driving a jail transport vehicle may pursue his negligence claim, a divided Indiana Court of Appeals panel ruled Friday, reversing the trial court.
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Appeals court reverses its decision on partition fences

May 5, 2016
Scott Roberts
A divided Indiana Court of Appeals overturned an earlier decision Thursday, finding residents that border a property where a man wants to build fences to keep his cattle in must help fund the fences because they are partition fences and fall under Indiana Code 32-26-9.
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Split 7th Circuit affirms child abuse, firearms convictions

May 5, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld a man’s child abuse and firearms convictions in a split decision. The court was divided over the admittance of the man's refusal to take a polygraph test into evidence.
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COA: Federal statute supersedes state one

April 22, 2016
The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.
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COA majority: Conditional language is still a threat

April 21, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction for Class A misdemeanor intimidation in a 2-1 decision after it found the conditional language he used in the threat placed his victim in danger of retaliation for a lawful act.
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Man has sentence cut in half by Supreme Court

March 30, 2016
Scott Roberts
The Indiana Supreme Court cut a man’s sentence in half, from 32 to 16 years, by a 3-2 decision after it found consecutive sentences in the case were not appropriate because the state sponsored a series of identical offenses.
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Ruling ends statute of repose for some asbestos cases

March 23, 2016
Scott Roberts
The Indiana Supreme Court’s ruling that the statute of repose does not apply in prolonged asbestos cases could open the door for more cases to be filed, two Indianapolis attorneys said. However, they were split if the decision was the right one.
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Supreme Court says statute of repose does not apply in prolonged asbestos cases

March 3, 2016
Scott Roberts
The Indiana Supreme Court declared in a split decision Wednesday that the Indiana Product Liability Statute, and specifically its 10-year statute of repose, does not apply to cases where the plaintiffs have had protracted exposure to inherently dangerous foreign substances.
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Supreme Court affirms battery charges

February 19, 2016
Scott Roberts
The Indiana Supreme Court affirmed battery charges against a man who said the evidence against him was “testimonial hearsay” and violated his federal and state confrontation rights.
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COA affirms intimidation conviction

February 18, 2016
Scott Roberts
The Indiana Appeals Court affirmed a Level 6 felony intimidation charge against Demetrius Holloway after Holloway challenged the sufficiency of the evidence supporting his conviction.
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Court split on whether defendant’s actions were proximate cause of injury

January 29, 2016
Jennifer Nelson
A divided Indiana Court of Appeals ordered a man’s Level 6 felony resisting law enforcement conviction reduced to a misdemeanor because of a lack of evidence his actions were the proximate cause of the police officer’s injury during a foot chase.
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Judges split over reversal of drug conviction after inventory search

January 19, 2016
Jennifer Nelson
Each member of a panel on the Indiana Court of Appeals authored an opinion regarding a man's marijuana conviction stemming from the discovery of the drug during an inventory search after he was arrested for allegedly driving on a suspended license. Two of the three judges voted to reverse his felony conviction.
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COA reverses blanket exclusion for testimony of eavesdropping officers

June 10, 2015
Jennifer Nelson
In a split decision, the Indiana Court of Appeals decided on interlocutory appeal that a trial court should not have issued a blanket exclusion order preventing all of the officers who eavesdropped on a defendant’s conversation with his attorney from testifying in any matter in the case.
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Split COA: 1992 Michigan sex offender required to register in Indiana

May 29, 2015
Dave Stafford
A man who committed a sex crime in Michigan in 1992 and moved to Indiana in 2012 must put his name in the Indiana Sex Offender Registry created two years after his initial offense, a divided Court of Appeals panel ruled.
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Justices author dissents in appeal denials

May 19, 2015
Dave Stafford
The Indiana Supreme Court won't hear two cases in which justices felt compelled to write dissents arguing why they believed toxic-litigation and marital estate distribution appeals should be heard.
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Split COA reverses denial of post-conviction relief

October 21, 2014
Dave Stafford
A defense attorney’s failure to raise the consecutive sentencing limitation prejudiced his client, the majority of a Court of Appeals panel ruled, reversing denial of post-conviction relief for a man convicted of multiple burglaries. The court remanded for resentencing to trim six years off a 28-year prison term.
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Split court upholds man’s conviction for conspiracy to commit robbery

July 22, 2014
Jennifer Nelson
Citing an issue of first impression, the majority on the Indiana Supreme Court Tuesday concluded that a man could be convicted of Class A felony conspiracy to commit robbery even though the targeted victim was not robbed or harmed in any way.
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Court splits over release of college transcript

April 14, 2014
Jennifer Nelson
A divided panel on the Indiana Court of Appeals dismissed Ball State University’s appeal of the order that it release the transcript of a student who left the school and owes tuition. The student’s mother added the university to her petition seeking to require her ex-husband to contribute to their child’s college expenses.
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Divided panel: OWI-causing-death retrial not double jeopardy

January 24, 2014
Dave Stafford
A majority of an Indiana Court of Appeals panel upheld a man’s conviction and 14-year sentence for driving while intoxicated causing death, but a dissenting judge said the unusual case history that led to the outcome constituted double jeopardy.
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Can parents sue DCS? Yes, divided justices rule

January 1, 2014
Dave Stafford
A sharply divided Indiana Supreme Court decision that a family may sue the state’s child protection agency for negligence is sure to resonate within the Department of Child Services, attorneys familiar with the case said.
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Lawyers’ divorce battle divides COA on joint custody ruling

April 30, 2013
Dave Stafford
A lengthy divorce proceeding involving two Fort Wayne attorneys that raised numerous issues on appeal was mostly affirmed Tuesday, but a dissenting judge cautioned that joint custody was not in the interest of the of the feuding parents’ daughter.
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Justices reaffirm ruling on sentence enhancements under habitual offender statute

March 21, 2013
Jennifer Nelson
The Indiana Supreme Court Thursday granted the state’s request for a rehearing in a case in which the justices determined that Anthony Dye’s sentence for unlawful possession of a firearm by a serious violent felon, which was enhanced under the general habitual offender statute, was an impermissible double enhancement.
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Justices vacate transfer to negligent design case

March 20, 2013
IL Staff
The Indiana Supreme Court issued an order Monday vacating its grant of transfer to a case filed by a man rendered a quadriplegic after he fell out of a company truck’s utility bucket while working for Richmond Power.
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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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