Court divided over drug sentence
The Indiana Court of Appeals upheld a man’s convictions for making and delivering methamphetamine, but the judges did not agree that the 32-year sentence imposed by the trial court was appropriate.
Court opinions
Articles
Lawyer loses fee appeal against defunct Stewart & Irwin
A lawyer who claimed his former law firm and its shareholders wrongly withheld fees he was contractually owed lost his appeal of a judgment in the firm's favor Thursday.
Court: It’s risky to take justice into your own hands
Affirming an award of treble damages and remanding for appellate attorney fees, the Indiana Court of Appeals warned in a criminal conversion case Thursday that self-help remedies are perilous and potentially expensive, and it’s best to not take justice into your own hands.
Circuit court without jurisdiction to grant father’s child support relief
Madison Circuit Court 5 did not have jurisdiction to rule on a man’s motion for relief from a child support decision entered by Madison Circuit Court 2, the Indiana Court of Appeals concluded Thursday.
Company not entitled to relief from mortgage foreclosure judgment
An Indiana trial court incorrectly ruled a company was entitled to relief under Indiana Trial Rule 60(B)(6) after deciding a mortgage foreclosure action was void based on who owned interests in the mortgage.
7th Circuit affirms city blocking strip club plans
Plans to open a strip club called “Showgirl” in Angola have been blocked for more than three years, but the 7th Circuit Court of Appeals found the city and courts were within their rights to do so.
Fort Wayne businessman’s statements not defamatory per se
The former chancellor of Indiana University-Purdue University Fort Wayne who filed lawsuits after he was required to retire at the age of 65 could not convince the Indiana Court of Appeals that statements in a private letter about him constituted defamation per se.
COA upholds vehicle search despite noncompliance with protocol
Even though two Indianapolis police officers did not follow the department’s general order on towing and impounding vehicles after a traffic stop, the Indiana Court of Appeals upheld a man’s drug convictions.
7th Circuit reverses benefits denial; judge chastises process
Seventh Circuit Judge Richard Posner had harsh words for the Social Security Disability Office regarding vocational expert testimony: clean up your act.
DNA evidence properly excluded in rape trial
A trial court was correct in not allowing evidence in a rape trial that DNA of an unknown male was collected from the victim two days after the incident, the Indiana Court of Appeals affirmed.
Woman breached settlement in trail construction dispute
The Indiana Court of Appeals agreed with a lower court that a Yorktown resident breached the terms of a settlement she reached with the town over easements to construct storm sewers and a residential trail when she declined to donate the easement for the trail unless other conditions were met.
COA affirms dismissal of will contest
The Indiana Court of Appeals upheld the dismissal of a man’s will contest action involving his siblings, but for a different reason than the trial court.
Insurance agents denied summary judgment in lawsuit filed after fire
A man’s lawsuit will continue against an insurance agent and his agency after they insured his rental property but then denied coverage after a fire, alleging the man misrepresented the property’s condition.
Judge wants harsher sentence for attack on ex-fiancee
The Indiana Court of Appeals affirmed there were no double jeopardy violations following a man’s open plea agreement to strangling, confining and battering his ex-fiancee, but one judge believed the man deserved more time in the Department of Correction based on the seriousness of the incident.
Judge grants preliminary injunction banning Nativity scene
A federal judge has granted a preliminary injunction banning a northern Indiana school district from including a live Nativity scene as part of its annual Christmas show.
Monarch keeps up fight to overturn state alcohol sales law
The largest beer and wine wholesaler in Indiana is asking a state appeals court to find a law unconstitutional that prohibits beer wholesalers from seeking a permit to also distribute liquor.
Justices disbar lawyer for theft of $150K from clients, ‘brazenness’
An Indianapolis lawyer has been disbarred for stealing about $150,000 from his clients, “disclosing client confidences for purposes of both retaliation and amusement, threatening and intimidating his office staff (and) lying pervasively to all comers,” according to the Indiana Supreme Court.
Annexation battle over ‘reasonably near future’ continues in Indiana Supreme Court
The second in a series of annexation battles was presented to the Indiana Supreme Court Nov. 25, this time asking the justices to review the Legislature’s intent when allowing cities and towns to bring in unincorporated areas for development.
Divided COA reinstates lawsuit of drunk man who fled, was hit by cars
A bar will have to face a negligence lawsuit brought by a man who was served at least one drink before he fled from a police stop in handcuffs and was hit by two cars as he tried to cross a state highway.
Lack of evidence gets CHINS ruling reversed
Finding the evidence to be “wholly lacking,” the Indiana Court of Appeals reversed a CHINS adjudication and admonished the juvenile court and the Indiana Department of Child Services to refocus their efforts on families truly in need.