Dissent

Judges disagree in police entry case

July 23, 2009
Jennifer NelsonMore

Judges differ on allowance of trustee's appeal

July 20, 2009
Jennifer Nelson
Judges on the 7th Circuit Court of Appeals, including Northern District Judge Joseph Van Bokkelen - who was sitting in designation - disagreed whether a bankruptcy trustee's appeal should be dismissed for lack of appellate jurisdiction because he didn't file a petition for permission to appeal.
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Judges: Court should have questioned jurors

July 15, 2009
Jennifer Nelson
Judges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.
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Judges don't agree candidate is 'qualified'

July 10, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed as to whether an elected at-large school board candidate was "qualified" under the Indiana Constitution to take office because his election caused three members from the same school district to be on the board.
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High court rules on putative father adoption case

June 29, 2009
Michael Hoskins
The Indiana Supreme Court has ruled that a putative father who files a paternity action in a court other than the court in which the adoption case is pending meets statutory requirements and doesn't imply his permanent consent to that adoption.
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Court rules in favor of steel company in dispute

June 24, 2009
Jennifer Nelson
The Indiana Supreme Court affirmed Tuesday the Indiana Utility Regulatory Commission's grant of summary judgment in favor of a steel production facility in a contract dispute involving a public utility.
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Judges differ on if 'property damage' occurred

June 23, 2009
Jennifer Nelson
A majority of Indiana Court of Appeals judges affirmed summary judgment in favor of a homebuilder's insurance provider, insurance broker, and subcontractor's insurer, ruling the damage to the homes wasn't "property damage" as covered by the insurance policies.
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Purse search violated Indiana Constitution

June 22, 2009
Jennifer Nelson
A majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way it appears it could be holding a gun.
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Tax exemption doesn't apply to hotel utilities

June 17, 2009
Jennifer Nelson
The Indiana Supreme Court was split today in its ruling on whether a hotel was entitled to a sales tax exemption on utilities it purchased during 2004 and 2005.
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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: Park ban violates ex post facto laws

June 9, 2009
Jennifer Nelson
Relying heavily on a recent Indiana Supreme Court decision regarding sex offenders and ex post facto laws, the Indiana Court of Appeals split in finding a city ordinance banning a convicted sex offender who no longer has to register with the state was punitive and unconstitutional as applied to him.
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Justices dismiss public school funding case

June 2, 2009
Michael Hoskins
Even if Indiana's public school system falls short of where it should be in providing quality education, courts aren't constitutionally able to set standards or establish a financing formula because that's a task falling solely to the General Assembly.
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Justices: License plates can't be in rear windows

May 29, 2009
Michael Hoskins
Justice Robert Rucker says his four Indiana Supreme Court colleagues have issued a ruling that transforms millions of law-abiding residents into traffic offenders.
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Judges differ in ruling application in set-off case

May 21, 2009
Jennifer NelsonMore

Judges disagree on statute's constitutionality

May 20, 2009
Jennifer Nelson
In an issue with great relevance given today's advances in technology and social networking, the Indiana Court of Appeals concluded someone who uses a computer to download an electronic image and save it on a CD doesn't "create" a digitalized image under the child-exploitation statute.
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Judges differ in non-compete agreement case

May 18, 2009
Jennifer Nelson
In a legal dispute regarding a non-compete agreement, the Indiana Court of Appeals judges disagreed as to whether the agreement could be enforced if the former employee's clients voluntarily left and contacted him to continue to be their accountant.
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BMV policy needed to prevent identity theft

May 15, 2009
Jennifer Nelson
The inconvenience of a few Hoosiers outweighs the very real threat of identity theft, so the trial court was correct in denying a preliminary injunction against the Bureau of Motor Vehicle's verification of records using Social Security Administration data, the Indiana Court of Appeals ruled today.
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High court reverses termination of mom's rights

April 27, 2009
Jennifer Nelson
The majority of Indiana Supreme Court justices ruled in a parental termination case that the evidence presented didn't clearly show a mother's rights to her son should be terminated. One justice dissented because he believes an appellate court should defer to the lower court in assessing the facts of a case.
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COA invites high court to revisit Indiana law

April 24, 2009
Jennifer Nelson
In a case involving the purchase of a home, Indiana Court of Appeals judges today disagreed as to whether the home sellers should be granted summary judgment in a fraud suit. The judges unanimously did agree to encourage the Indiana Supreme Court to re-evaluate a rule that protects a seller from a lawsuit, even if he lies about a property, as long as the prospective buyer had a reasonable opportunity to inspect the property.
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Judges disagree on estoppel claim

April 8, 2009
Jennifer NelsonMore

Justices affirm cop killer's death sentence

April 1, 2009
Michael Hoskins
A man sentenced to die for fatally shooting a Morgan County sheriff's deputy in 2001 will remain on death row despite his appellate claims he's mentally ill and not eligible for execution.
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High court addresses Protected Person Statute

March 31, 2009
Jennifer Nelson
Addressing for the first time under the current Rules of Evidence a case regarding a protected person testifying at trial as well as by videotape or other statement, the Indiana Supreme Court held that if the statements are consistent and both are otherwise admissible, testimony of a protected person can't be presented both in open court and in a pre-recorded statement through the Protected Person Statute.
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First impression in 'non-suspension' rule case

March 31, 2009
Jennifer Nelson
The Indiana Court of Appeals determined in a case of first impression that the state's 'non-suspension rule' in Indiana Code depends on the status of the prior criminal conviction at the time of sentencing for a subsequent conviction.
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Casino wins compulsive gambling appeal

March 20, 2009
Michael Hoskins
Casinos don't have a common law duty to protect compulsive gamblers from themselves, and aren't required to refrain from trying to entice those people into their establishments, the Indiana Court of Appeals ruled today in a matter of first impression.
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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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  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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