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Justices: Ex-wife must agree to lower sales price

July 31, 2012
Jennifer Nelson
The Indiana Supreme Court unanimously held that a trial court had no authority to modify a property agreement made by ex-spouses and that the ex-wife is entitled by law to refuse to waive a provision that neither party had to accept a sale that was below specified minimums.
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Supreme Court divided on whether man's claims against bank can proceed

July 31, 2012
Jennifer Nelson
Two Indiana justices believed that a man’s actual fraud and tortious interference with contract claims against Old National Bank should go to trial, an opposite conclusion reached by their fellow justices.
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Supreme Court knocks down habitual-offender enhancement

July 31, 2012
Marilyn Odendahl
The Indiana Supreme Court found a habitual-offender enhancement tacked onto the 20-year sentence of a serious violent felon was an “impermissible double enhancement.”
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Indianapolis attorney facing fraud charges released from jail

July 31, 2012
Scott Olson
Lawyer William F. Conour had been held in a Decatur County Jail since July 25 on a contempt of court charge until a judge on Monday ordered his release. Conour is accused of defrauding clients of $2.5 million.
 
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Justices take Fort Wayne hospital race discrimination appeal

July 31, 2012
Dave Stafford
The Indiana Supreme Court will take a race discrimination case involving a Fort Wayne hospital as one of three cases unanimously granted transfer for the week ending July 27. Justices denied transfer in 23 cases.
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Supreme Court rules landowner must pay county drainage assessment

July 30, 2012
Dave Stafford
A Marshall County landowner will have to pay a drainage assessment on a county-maintained ditch, even though he said his property derives little benefit from the drainage system for which he’s ordered to pay a share.
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Coachmen, All-American win appeal in hotel dispute

July 30, 2012
Dave Stafford
The 7th Circuit Court of Appeals affirmed a District Court ruling in favor of two Indiana companies that were involved in a Tennessee hotel project that failed to develop.
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Summary judgment upheld in contamination case

July 30, 2012
Dave Stafford
The former owners of a Beech Grove shopping plaza that once contained a laundry and dry cleaning business that contaminated soil and groundwater cannot be held liable due to the statute of limitations, the Indiana Court of Appeals ruled.
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Judges rule state lacks authority to appeal dismissed case

July 30, 2012
Dave Stafford
The Indiana Court of Appeals dismissed the state’s appeal of a criminal case in which a trial court granted the state’s motion to dismiss.
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Divided justices suspend attorney for 2 years

July 30, 2012
Dave Stafford
A Hancock County attorney was suspended for two years after the Indiana Supreme Court ruled in a 3-2 opinion that he charged unreasonable fees to an elderly client, converted funds belonging to her, and was dishonest before the Indiana Supreme Court Disciplinary Commission.
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COA reverses sentencing on grounds it exceeded statutory maximum

July 27, 2012
Marilyn Odendahl
The Indiana Court of Appeals agreed with a defendant that her sentence for a Class A misdemeanor possession of marijuana exceeded the statutory maximum and remanded the case to the trial court for resentencing.
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COA upholds trial court’s actions and sentence during drug trial

July 27, 2012
Marilyn Odendahl
A defendant who contended the trial court abused its discretion and imposed an inappropriately harsh sentence had his drug conviction upheld by the Indiana Court of Appeals.
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Dickson to be sworn in Aug. 6

July 27, 2012
IL Staff
Brent Dickson will be formally sworn in as chief justice of the Indiana Supreme Court Aug. 6. Gov. Mitch Daniels will administer the oath.
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245-year sentence affirmed in Hovey Street slayings

July 27, 2012
Dave Stafford
The gunman who pleaded guilty to four murders in the 3200 block of Hovey Street in Indianapolis was properly given and deserved a 245-year sentence for the crimes, the Indiana Court of Appeals ruled Friday.
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Crawford holding doesn’t apply to probation revocation hearings

July 27, 2012
Jennifer Nelson
The Indiana Supreme Court rejected a man’s argument Thursday that he should be afforded the same right of confrontation in his probation revocation hearing as is outlined in Crawford v. Washington, 541 U.S. 36 (2004).
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$2.9M verdict in mill accident case upheld

July 27, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed the admittance of an expert’s opinion as to causation of an accident at a northern Indiana steel rolling mill, finding the federal court properly denied a company’s Daubert motion to bar that testimony.
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Justices: Good-time-credit amendment not retroactive

July 27, 2012
Jennifer Nelson
The Indiana Supreme Court interpreted a 2010 amendment on credit time earned during placement in community corrections to only apply to those placed on home detention on or after its July 1, 2010, effective date.
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COA affirms drug dealing, possession convictions

July 27, 2012
Dave Stafford
A man convicted of multiple felony drug charges and sentenced to 50 years in prison with 15 years suspended was not deprived his Fourth Amendment rights, the Court of Appeals ruled Friday.
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Appeals court upholds killer’s PCR denial

July 27, 2012
Dave Stafford
A man convicted of murder in Delaware County is not entitled to post-conviction relief due to ineffective counsel, the Indiana Court of Appeals ruled Friday.
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Justices reverse Tax Court, determine Miller Brewing owes

July 27, 2012
Dave Stafford
Miller Brewing owes $806,366 in income tax on beer transported by common carriers to Indiana from its Milwaukee brewery, the Indiana Supreme Court determined in a ruling Thursday that reversed the state Tax Court, ending a decade-long dispute.
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Appeals court: Worker entitled to pursue compensation after settlement

July 27, 2012
Dave Stafford
A worker injured in a traffic accident who received a settlement for a workers’ compensation claim in Wisconsin may proceed with a claim in Indiana, where the crash occurred, the Indiana Court of Appeals ruled.
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New suit alleges NCAA monopoly, seeks class action

July 27, 2012
Dave Stafford
A new federal lawsuit has been filed alleging that the Indianapolis-based NCAA constitutes an illegal college sports monopoly.
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Majority upholds habitual traffic violator conviction

July 26, 2012
Jennifer Nelson
Four justices found that Indiana Code 9-30-10-16 indicating when a person commits a Class D felony while driving with a suspended license is not unconstitutionally vague and evidence supports a man’s conviction of Class D felony operating a motor vehicle as a habitual traffic violator.
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Justices uphold sentence for kidnapping jail officer

July 26, 2012
Jennifer Nelson
In a four-page per curiam decision, the Indiana Supreme Court reinstated the trial court’s 47-year sentence of Roger Bushhorn, who pleaded guilty to charges stemming from his escape, kidnapping and assault of jail officials.
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Judge believes court could remove man from sex offender list

July 26, 2012
Jennifer Nelson
Indiana Court of Appeals Chief Judge Margret Robb dissented from her colleagues in a case involving a man who wanted his name taken off the Indiana Sex Offender Registry.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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