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Archive for Appeals

$102,300 Verdict Rendered on Exception to the Common Enemy Doctrine

  • May 22nd, 2017
  • Devon Sharpe
  • Comments Off on $102,300 Verdict Rendered on Exception to the Common Enemy Doctrine

September 1, 2016 – Brothers Bennett and Bodine owned a residence which was occupied by Bennett adjacent to a subdivision being developed by Liter’s.  At the time of the trial only six of the proposed 63 lots had been developed. …

NCAA athletes face long next yard in bid for free-market pay

  • October 5th, 2015
  • Paul
  • Comments Off on NCAA athletes face long next yard in bid for free-market pay

(The Indiana Lawyer) – College athletes are heading back to court in pursuit of pay for play one day after a major setback in their quest for a larger share of the multibillion-dollar industry. A timeout might help. The next…

Supreme Court Of The United States begins October Term 2015

  • September 29th, 2015
  • Paul
  • Comments Off on Supreme Court Of The United States begins October Term 2015

The Supreme Court of The United States (SCOTUS) will begin October 5th with arguments being heard on various cases.  SCOTUS is scheduled to release orders or opinions on October 13th & 19th.  Normally the orders and opinions are released on…

Lack of evidence gets criminal confinement conviction dropped

  • September 28th, 2015
  • Paul
  • Comments Off on Lack of evidence gets criminal confinement conviction dropped

(The Indiana Lawyer) – A Jefferson County man, convicted of beating up someone who testified against his daughter’s boyfriend, did not confine the victim during the assault, the Indiana Supreme Court has ruled. Gary Allen Gibson was convicted of one…

Supreme Court affirms death sentence for Floyd County man

  • September 28th, 2015
  • Paul
  • Comments Off on Supreme Court affirms death sentence for Floyd County man

(The Indiana Lawyer) – Finding the trial court did not err or abuse its discretion during the selection of jurors for the murder trial of William Clyde Gibson II, the Indiana Supreme Court affirmed his death penalty sentence. Gibson appealed…

Indiana Supreme Court rules on Negligent Infliction Of Emotional Distress appeal

  • September 24th, 2015
  • Paul
  • Comments Off on Indiana Supreme Court rules on Negligent Infliction Of Emotional Distress appeal

In Indiana, there are two rules under which a person can recover for negligent infliction of emotional distress. One of these—the bystander rule—requires, in part, that the person claiming emotional trauma meet certain “circumstantial” factors, which this Court has previously…

Father wrongly ordered to pay cost of private university

  • September 24th, 2015
  • Paul
  • Comments Off on Father wrongly ordered to pay cost of private university

(The Indiana Lawyer) – 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. The appeals panel sent the order back to…

As the 2015 Term opens: The Court’s unusual Eighth Amendment focus

  • September 23rd, 2015
  • Paul
  • Comments Off on As the 2015 Term opens: The Court’s unusual Eighth Amendment focus

(SCOTUSblog) – Last June, the Supreme Court’s Term ended not with the same-sex marriage opinions (announced three days earlier), but rather with Justice Stephen Breyer’s surprising and comprehensive opinion (joined by Justice Ruth Bader Ginsburg) in Glossip v. Gross, which…

7th Circuit tosses slating system for Indy judges

  • September 23rd, 2015
  • Paul
  • Comments Off on 7th Circuit tosses slating system for Indy judges

(The Indiana Lawyer) – Now that Indianapolis’ pay-to-play slating system that evenly divvied judgeships between Democrats and Republicans has been ruled unconstitutional, it’s up to the General Assembly to figure out how Marion County should select its judges. Key lawmakers…

Kim Davis’ latest appeal to 6th Circuit Court of Appeals denied

  • September 18th, 2015
  • Paul
  • Comments Off on Kim Davis’ latest appeal to 6th Circuit Court of Appeals denied

Kim Davis, Clerk of Rowan County, KY, had filed a second appeal to the earlier ruling by the 6th District Court for Eastern Kentucky.  In that appeal, Davis asks for both an injunction against Kentucky Gov. Steve Beshear and Commissioner…

Shoddy documents draws Court Of Appeals ire

  • September 18th, 2015
  • Paul
  • Comments Off on Shoddy documents draws Court Of Appeals ire

(The Indiana Lawyer) – After appearing to shrug off the need to authenticate documents, a company claiming to own the appellant’s credit card debt got a lesson in Indiana court rules and precedence. Asset Acceptance, LLC, asserting it had purchased…

RJR Nabisco, Inc. v. The European Community Appeal to Supreme Court

  • September 18th, 2015
  • Paul
  • Comments Off on RJR Nabisco, Inc. v. The European Community Appeal to Supreme Court

On appeal from the 2nd District Court Of Appeal, the question is :Whether, or to what extent, the Racketeer Influenced and Corrupt Organizations Act (“RICO”) applies extraterritorially. Currently, the case has been ongoing since 2004.  The case involves an accusation…

Double jeopardy voids two cocaine convictions

  • September 18th, 2015
  • Paul
  • Comments Off on Double jeopardy voids two cocaine convictions

(The Indiana Lawyer) – A trial court violated the prohibition against double jeopardy by convicting a man in a bench trial of three felony cocaine possession counts, the Indiana Court of Appeals ruled in tossing out two of the convictions….

U.S. judge rules Republicans can pursue Obamacare lawsuit

  • September 10th, 2015
  • Paul
  • Comments Off on U.S. judge rules Republicans can pursue Obamacare lawsuit

(Reuters) – A U.S. judge said on Wednesday congressional Republicans could move forward with parts of a lawsuit that alleges executive overreach by President Barack Obama’s administration in implementing his signature healthcare law. U.S. District Judge Rosemary Collyer, appointed by…

7th Circuit: Marion County judge elections unconstitutional

  • September 10th, 2015
  • Paul
  • Comments Off on 7th Circuit: Marion County judge elections unconstitutional

(The Indiana Lawyer) – The way Marion County judges are elected is unconstitutional, the 7th Circuit Court of Appeals ruled Wednesday, throwing out a system that assured an even split of Democratic and Republican judges and facilitated a pay-to-play party…

Go-it-alone defendant has hard day in court

  • September 8th, 2015
  • Paul
  • Comments Off on Go-it-alone defendant has hard day in court

(The Indiana Lawyer) – A pro se defendant who changed his mind and asked for counsel mid-trial instead got a lesson in legal precedent. Jared Allen Mynatt insisted to the Morgan Superior Court he could represent himself at trial against…

Judge lets Brady play, ruling against NFL in ‘Deflategate’

  • September 4th, 2015
  • Paul
  • Comments Off on Judge lets Brady play, ruling against NFL in ‘Deflategate’

(The Indiana Lawyer) – A federal judge in New York let the air out of “Deflategate” Thursday, erasing New England quarterback Tom Brady’s four-game suspension for a controversy that the NFL claimed threatened football’s integrity. U.S. District Judge Richard M….

Altice sworn in as Court of Appeals judge

  • September 3rd, 2015
  • Paul
  • Comments Off on Altice sworn in as Court of Appeals judge

(The Indiana Lawyer) – Former Marion Superior Judge Robert R. Altice Jr. was sworn in as a judge on the Indiana Court of Appeals Wednesday by Chief Justice Loretta Rush, the court said in a statement. Altice, the first appellate court…

The President has the exclusive power to grant formal recognition to a foreign sovereign.

  • September 1st, 2015
  • Paul
  • Comments Off on The President has the exclusive power to grant formal recognition to a foreign sovereign.

(SCOTUSBlog) – Because the power to recognize foreign states resides in the president alone, Section 214(d) of the Foreign Relations Authorization Act of 2003 – which directs the Secretary of State, upon request, to designate “Israel” as the place of…

EPA interpreted §7412(n)(1)(A) unreasonably when it deemed cost irrelevant to the decision to regulate power plants.

  • September 1st, 2015
  • Paul
  • Comments Off on EPA interpreted §7412(n)(1)(A) unreasonably when it deemed cost irrelevant to the decision to regulate power plants.

(FindLaw) – The Clean Air Act directs the Environmental Protection Agency to regulate emissions of hazardous air pollutants from certain stationary sources (such as refineries and factories). 42 U. S. C. §7412. The Agency may regulate power plants under this program only…

7th Circuit affirms judgment for school in bullying case

  • August 27th, 2015
  • Paul
  • Comments Off on 7th Circuit affirms judgment for school in bullying case

(The Indiana Lawyer) – A federal lawsuit brought against northwestern Indiana school corporations over a child’s alleged bullying was properly decided in favor of the schools on summary judgment, the 7th Circuit Court of Appeals ruled Tuesday. The decision affirmed…

Court: Second Amendment also covers those in US illegally

  • August 27th, 2015
  • Paul
  • Comments Off on Court: Second Amendment also covers those in US illegally

(MSN News) – People living in the United States illegally have a constitutional right to bear arms but are still barred from doing so by a separate law, a federal appeals court ruled. The three-judge panel of the U.S. 7th…

COA splits over railroad benefits in divorce case

  • August 25th, 2015
  • Paul
  • Comments Off on COA splits over railroad benefits in divorce case

(The Indiana Lawyer) – A trial court erred in ordering a man’s future railroad retirement benefits subject to a division of marital assets in a divorce case, a divided panel of the Indiana Court of Appeals ruled Monday. The panel…

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