Lawyer loses appeals over Indy skyline photo
An Indianapolis lawyer who defendants call a copyright troll lost his appeals against three people who successfully defended against his suits over use of one of his photos.
Court opinions
Articles
Robber’s use of debit card is forgery, COA affirms
The Indiana Court of Appeals rejected a defendant’s claim that he couldn’t be convicted of forgery under Indiana law because using his robbery victims’ ATM cards did not qualify as “uttering a written instrument.”
COA reverses lifetime sex offender registration, upholds ban from school property
The Indiana Court of Appeals agreed with a man challenging his lifetime registration as a sex offender that the law as applied to him violates the Indiana Constitution’s prohibition against ex post facto laws. But he lost a similar challenge to the unlawful-entry statute that prohibits him from entering school property.
Stricken Indiana abortion law ‘unprecedented,’ opponents say
Indiana’s strict anti-abortion legislation that Gov. Mike Pence signed this year was “unprecedented” in scope and in its rejection of long-established federal law, said opponents who succeeded in blocking the law from taking effect.
COA majority rules dog sniff did not prolong stop
The Indiana Court of Appeals reversed a woman’s motion to suppress evidence found at a traffic stop in a 2-1 decision after the court ruled the stop was not extended by an officer’s check of the car with his dog.
Evidence found during arrest for public intox is admissible, COA rules
The Indiana Court of Appeals upheld a man’s misdemeanor cocaine possession conviction after it held the search an officer conducted after finding the man asleep in his car did not violate his Fourth Amendment rights and thus the trial court did not abuse its discretion by admitting the cocaine found during the search.
Majority: 2 shoplifting charges not RICO violations
The Indiana Court of Appeals ruled in a split decision the state went too far when it convicted a man who committed two acts of shoplifting under the state’s Racketeer Influenced and Corrupt Organizations Act and reversed his conviction for corrupt business influence.
COA: Failure to give breath test sample was refusal to take test
The Indiana Court of Appeals affirmed a woman refused a chemical breath test, noting the officer giving the test followed all the proper procedures and was within his rights to determine she refused the test after she failed to give a valid sample three times.
COA: Minors’ malpractice suit can continue
The Indiana Court of Appeals ruled a medical malpractice lawsuit filed by minor children can continue after it found the suit was not untimely filed. The children were in the correct age range to trigger an exception in the Medical Malpractice Act.
COA: Death during robbery is felony murder
The Indiana Court of Appeals found evidence was sufficient to uphold a robber’s conviction of felony murder after one of his accomplices was killed in a fight with a robbery victim.
7th Circuit affirms judgment for employee on ADA claim
The 7th Circuit Court of Appeals affirmed judgment for an employee who claimed the city of Anderson did not accommodate his disability when it fired him for not having a commercial driver’s license he could no longer get because of his diabetes.
COA: Testimony would have restricted jury’s ability to decide
The Indiana Court of Appeals affirmed a man’s conviction of voluntary manslaughter after it found the trial court did not err in restricting the testimony of an expert witness for the defense.
COA: CVRA damages are distinct from punitive damages
The Indiana Court of Appeals affirmed a damages award pursuant to the Crime Victim Relief Act after the court found in its second hearing of a case that CVRA damages are distinct from common law punitive damages.
Supreme Court extends Charlie White’s suspension
Former Indiana Secretary of State Charlie White may never be allowed to practice law again, the Indiana Supreme Court suggested Tuesday in extending his suspension another two years without automatic reinstatement.
COA: Tenant does not have obligation to indemnify landlord
The Indiana Court of Appeals ruled a tenant did not have to indemnify a landlord against a woman’s personal injury claims after she filed suit against both of them.
COA reverses grant of woman’s unemployment benefits
The Indiana Court of Appeals reversed unemployment benefits awarded to a woman after it found she did have notice her job was in jeopardy despite various notes thanking her for her help in office matters she received from her employer.
Vendor, Department of Revenue win partial victories on sales tax case
The Indiana Department of Revenue and a company that sold food through vending machines and its cafeteria both were victorious in Indiana Tax Court Thursday on the issue of whether all of the company’s vending machine sales and cafeteria sales are subject to sales tax and negligence penalties.
Pence praises US Supreme Court immigration ruling
Indiana Gov. Mike Pence praised a ruling by the U.S. Supreme Court striking down President Barack Obama's executive order on immigration.
7th Circuit reversal: Conour fraud victims, not creditor, take priority
Fraud victims of disgraced former lawyer William Conour have the upper hand over his former law firm creditor who was awarded a judgment of almost $775,000, the 7th Circuit Court of Appeals ruled Thursday, reversing the District Court and signaling too much may have been awarded.
COA: Seller not liable for undisclosed septic system
The Indiana Court of Appeals affirmed judgment against a man who claimed fraud because he was not told the property he bought was connected to a septic system.