Dissent

Judges differ on application of high court ruling

September 8, 2009
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues today in a ruling involving the ownership of certain joint accounts because he believed an Indiana Supreme Court decision was binding in the case.
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Judges question earlier Circuit holding

September 4, 2009
Jennifer Nelson
A decision from the 7th Circuit Court of Appeals about child pornography convictions turned into an examination of whether a standard adopted by the Circuit Court regarding allocution should remain the law of the Circuit.
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Judges disagree on search validity

August 31, 2009
Jennifer Nelson
On remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because she believes the search of the vehicle was unreasonable in light of the recent ruling.
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Judges disagree on remand instructions

August 28, 2009
Jennifer Nelson
Indiana Court of Appeals judges unanimously agreed today that a defendant's petition for expungement of his arrest shouldn't have been denied by the trial court, but they disagreed as to what should happen on remand.
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Justices: Appeal not available after guilty plea

August 25, 2009
Jennifer Nelson
A majority of Indiana Supreme Court justices agreed a man who pleaded guilty couldn't appeal the denial of his pre-trial motion to suppress. Yet one justice believed the plea agreement should have been honored according to its terms, which included reserving the right to object to the denial of the motion to suppress.
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Judges disagree if testimony is hypothetical

August 18, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice case used hypothetical language that couldn't raise a genuine issue of fact.
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COA rules on parenting time restriction

August 14, 2009
Jennifer Nelson
Indiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during a hearing in which a mother's parenting time was restricted.
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COA disagrees on damages to bidder

August 12, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed today whether a company should be entitled to damages when it lowered its bid for work at a state-run hospital based on fraudulent information from another bidder.
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Judge argues ruling puts form over substance

August 10, 2009
Jennifer Nelson
The chief judge of the Indiana Court of Appeals dissented from his colleagues in an insurance dispute because he believes the decision leads to "an inequitable result."
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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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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

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