Cocaine dealing conviction affirmed over jury instruction challenge
A man convicted of dealing cocaine failed to persuade the Indiana Court of Appeals to reverse due to what he claimed was an erroneous jury instruction.
Dave Stafford
Articles
7th Circuit rejects en banc rehearing in student loan case
Whether a creditor can apply student loan rehabilitation agreement payments to collection costs is a question that split a panel of the 7th Circuit Court of Appeals three ways, but Circuit judges agreed they’ve heard enough of the matter for now.
Insurance policy v. public policy
A starkly divided Indiana Court of Appeals opinion over whether insurance should be in play after a bicyclist was killed by an unauthorized motorist may be appealed to the Indiana Supreme Court.
Method to the mediation
When “reason leaves the room,” an analytical approach can lead a path to dispute resolution.
The waiting game delays medical malpractice claims going to court
Lawmakers recently received conflicting diagnoses for review panels that evaluate medical malpractice claims. Some see them as broken, while others say they represent an ideal system that just needs some TLC.
Attorneys en garde!
Lawyers who’ve taken a stab at fencing say there’s no other sport quite like it. More to the point, they say competing with the blade sharpens their legal acumen and attacks the stresses of the profession.
Clark County drug court wrongly jailed 63, order says
A southern Indiana drug treatment court unjustly jailed scores of program participants for an average time of almost seven weeks. The detentions are detailed in a magistrate judge’s proposed order to certify classes in a federal civil rights lawsuit former drug court participants filed against an ex-judge and other officials.
Lawsuit alleges Crown Hill illegally solicited people in hospitals, care facilities
Indiana’s largest cemetery illegally made direct solicitations to people in hospitals, mental health facilities and other care settings, alleges a class-action lawsuit filed Monday in Indianapolis.
Judges split 3 ways on motorist’s ambiguous response to DUI test
An apparently intoxicated motorist’s ambiguous reply to an officer’s request to perform a chemical test has resulted in a new, strict standard affirmed by only one of three judges who heard the driver’s appeal.
Plaintiff loses appeal over judgment on student loan
The successor interest in a student loan after its originator filed bankruptcy is entitled to judgment in its favor to collect a delinquent student loan, the Indiana Court of Appeals ruled Thursday.
Conour ‘American Greed’ episode airdate set
The true-crime documentary series “American Greed” next month will air an episode featuring convicted fraudster and former high-powered Indiana attorney William Conour.
Juror’s Facebook link to victim’s family no cause for rape mistrial
A trial court properly denied a convicted rapist’s bid for a mistrial because a juror failed to disclose she was a Facebook friend with a relative of the victim, the Indiana Court of Appeals ruled Thursday.
Father wrongly ordered to pay cost of private university
A trial court wrongly ordered a father to pay college costs for his daughter based on the cost of a private university, the Indiana Court of Appeals ruled Wednesday.
Evidence of new crimes sufficient to revoke probation
A defendant’s admission that he was trespassing and a witness’s testimony that the defendant planned to steal tin from a Greene County resident’s property was sufficient to revoke the man’s probation, the Indiana Court of Appeals ruled Tuesday.
COA affirms termination of parental rights
A mother and father of 8- and 9-year old children failed to convince the Indiana Court of Appeals that their parental rights were improperly terminated.
Duke rate hike from Edwardsport plant remanded
The Indiana Utility Regulatory Commission must weigh for the third time rate increases for Duke Energy consumers connected to delays in opening the Edwardsport coal gasification plant in Knox County.
Dissenting judge: Majority ‘needlessly prolongs’ divorce case
A divorce case remanded to the trial court for proceedings needlessly prolonged the litigation, a dissenting Court of Appeals judge wrote Tuesday.
Roommate’s liability in early exit from lease rightly decided
A woman who appealed a small claims court order against her former live-in boyfriend failed to convince the Indiana Court of Appeals that he owed her more money for moving out before their apartment lease was up.
Man loses appeal over predator designation
A trial court properly denied a man’s motion for a declaratory judgment seeking to overturn a Department of Correction designation that he is a sexually violent predator and offender against children.
COA reverses priority status for junior creditor in foreclosure
A bank that extended a $25,000 home equity line of credit to owners of a Newburgh property that subsequently was foreclosed was not entitled to a court ruling that gave its claim priority status.