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Archive for Indiana Courts

$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. …

New Indiana attorneys sworn in during admission ceremony

  • September 29th, 2015
  • Paul
  • Comments Off on New Indiana attorneys sworn in during admission ceremony

(The Indiana Lawyer) – The state’s legal profession welcomed 312 new lawyers to its ranks Monday during an admission ceremony hosted by the Indiana Supreme Court. Recent law graduates, their families and friends, and members of Indiana’s legal community and…

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…

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…

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…

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….

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…

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…

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…

Friedlander reflects on half-century in law as retirement nears

  • August 13th, 2015
  • Paul
  • Comments Off on Friedlander reflects on half-century in law as retirement nears

(The Indiana Lawyer) – Judge Ezra “Zeke” Friedlander has participated in excess of 6,000 Indiana Court of Appeals opinions and written more than 2,000. There’s no question which was most talked about on national television and dominated media from coast…

COA clears way for broader use of Postnuptial agreements

  • July 30th, 2015
  • Paul
  • Comments Off on COA clears way for broader use of Postnuptial agreements

(The Indiana Lawyer) – A February decision by the Indiana Court of Appeals makes postnuptial agreements a more attractive option for married couples who, considering divorce, decide instead to reconcile. Premarital agreements have been recognized in Indiana for decades as…

Altice selected to succeed Friedlander on Court of Appeals

  • July 20th, 2015
  • Paul
  • Comments Off on Altice selected to succeed Friedlander on Court of Appeals

(The Indiana Lawyer) – Marion Superior Judge Robert R. Altice Jr. was named to the Indiana Court of Appeals Friday by Gov. Mike Pence. Making his first appellate court appointment at a news conference, Pence read from numerous letters of…

In case of conflicting evidence, high court defers to jury verdict

  • June 29th, 2015
  • Paul
  • Comments Off on In case of conflicting evidence, high court defers to jury verdict

(The Indiana Lawyer) – A Pike County man challenging the jury’s finding that he was not insane or mentally ill did not meet what the Indiana Supreme Court acknowledged was a “heavy burden” to overturn the guilty verdict. Andrew Satterfield…

Woman’s comments to police considered political speech, COA rules

  • June 27th, 2015
  • Paul
  • Comments Off on Woman’s comments to police considered political speech, COA rules

(The Indiana Lawyer) – The Indiana Court of Appeals overturned a woman’s misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature….

2 judges, public defender selected as COA judge finalists

  • June 12th, 2015
  • Paul
  • Comments Off on 2 judges, public defender selected as COA judge finalists

(The Indiana Lawyer) – Two trial court judges with a breadth of experience hearing criminal and civil matters and a public defender who’s tried hundreds of appeals are finalists to be the next Indiana Court of Appeals judge. Marion Superior…

Eight applicants seek vacancy on Indiana Court of Appeals

  • June 12th, 2015
  • Paul
  • Comments Off on Eight applicants seek vacancy on Indiana Court of Appeals

(Indianapolis Business Journal) – The Indiana Judicial Nominating Commission has received eight applications for a future vacancy on the Indiana Court of Appeals. Appellate Judge Ezra Friedlander plans to retire on Aug. 31. Applicants seeking to take his seat include…