Search Results from The Indiana Law Blog
Ind. Decisions - Court of Appeals issues 9 today (and 21 NFP)
It is the end of the month and the COA has released a slew of opinions today - 30 in all. The first one is the blackjack card counting case, where the COA rules: "Donovan is entitled to summary judgment...
Posted in The Indiana Law Blog on October 30, 2009 10:32 AM
Courts - "3rd Circuit Appeal Challenges Judge's Outside Research in Bench Trial"; Where is Indiana on this?
Henry Gottlieb writes today in the New Jersey Law Journal:A federal appeals court has been asked to limit the right of judges to do their own research in bench trials, lest they be swayed by facts not before them. U.S....
Posted in The Indiana Law Blog on August 20, 2009 08:47 AM
Ind. Courts - "St. Joseph County courtrooms will soon be outfitted with computers and Internet access, revolutionizing judges' access to information on the bench"; a look at Rule 2.9(C) limits on independent research
Madeline Buckley today has this story in the South Bend Tribune. Some quotes:St. Joseph County courtrooms will soon be outfitted with computers and Internet access, revolutionizing judges' access to information on the bench. * * * Chief Judge Michael Scopelitis...
Posted in The Indiana Law Blog on July 4, 2009 11:20 AM
Ind. Decisions - Court of Appeals issues 3 today (and 13 NFP)
For publication opinions today (3): In Patricia E. Buhring v. Phillip V. Tavoletti , a 15-page opinion, Judge Brown writes:Patricia E. Buhring appeals a judgment in her action against Phillip V. Tavoletti. Buhring raises two issues, which we consolidate and...
Posted in The Indiana Law Blog on May 12, 2009 12:37 PM
Ind. Decisions - Court of Appeals issues 3 today (and 15 NFP), including a question of first impression on the propriety of a bank's refusal to pay a cashier's check.
For publication opinions today (3): In David Ashworth v. State of Indiana , a 16-page opinion, Judge Robb writes:Following a jury trial, David Ashworth appeals his conviction and sentence for murder, a felony. On appeal, Ashworth raises three issues, which...
Posted in The Indiana Law Blog on February 20, 2009 11:33 AM
Ind. Decisions - Upcoming oral arguments this week
This week's oral arguments before the Supreme Court: This Thursday, Jan.. 29th: 9:00 AM - Christopher Bailey v. State of Indiana - Following a bench trial, the Marion Superior Court found Bailey guilty of battery and disorderly conduct for an...
Posted in The Indiana Law Blog on January 26, 2009 06:51 AM
Ind. Decisions - Court of Appeals issues 6 today (and 23 NFP)
Readers: I'm sorry to report that the opinions posted by the Court today are copyprotected, which means the ILB is unable to quote from them. [More] A reader has asked (already):Is “copy protected” some mechanical/electronic device, or a creature of...
Posted in The Indiana Law Blog on December 11, 2008 01:00 PM
Courts - "Florida high school student files complaint after suspension for creating Facebook page critical of teacher"
The ILB has a long list of entries relating to MySpace, including the case of A.B. v.State of Indiana, where, as reported in this May 14th entry, both the Court of Appeals and Supreme Court, using differing rationales, "overruled a...
Posted in The Indiana Law Blog on December 10, 2008 09:09 AM
Ind. Decisions - "Court upholds decision on records in girl's death"
Yesterday's Court of Appeals decision in the case of In the Matter of T.B., and Charity B. v. Indiana Newspapers, Inc. (see ILB summary here) is the subject of a story by Jon Murray today in the Indianapolis Star. Some...
Posted in The Indiana Law Blog on October 22, 2008 09:18 AM
Ind. Decisions - More on "Appeals court says Kalab's siblings' records should not have been released"
Updating this ILB entry from yesterday, today the Evansville Courier & Press has a second story by Bryan Corbin on Friday's Court of Appeals opinion in the case titled In the Matter of K.B. and B.L.; A.B.L. (mother) v. Department...
Posted in The Indiana Law Blog on October 12, 2008 09:21 AM
Ind. Decisions - "Appeals court says Kalab's siblings' records should not have been released"
Yesterday's Court of Appeals opinion in the case titled In the Matter of K.B. and B.L.; A.B.L. (mother) v. Department of Child Services (see ILB entry here) is the subject of a lengthy story today in the Evansville Courier &...
Posted in The Indiana Law Blog on October 11, 2008 02:15 PM
Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)
For publication opinions today (1): In In the Matter of K.B. and B.L.; A.B.L. (mother) v. Department of Child Services, a 9-page opinion, Judge Barnes writes:Amanda Lay appeals the trial court’s order granting the media access to K.B.’s and B.L.’s...
Posted in The Indiana Law Blog on October 10, 2008 12:52 PM
Courts - Pennsylvania Federal Judge Upholds Student's Suspension for Fake MySpace Page
Shannon P. Duffy of The Legal Intelligencer reports today in a long story that begins:An eighth-grade student who was suspended for 10 days after she created a fake page on MySpace.com that depicted her principal as a pedophile and a...
Posted in The Indiana Law Blog on September 16, 2008 08:37 AM
Ind. Decisions - Court of Appeals issues 4 today (and 20 NFP)
For publication opinions today (4): In Misty D. Davis v. State of Indiana , a 16-page opinion, Judge Kirsch writes:Misty D. Davis appeals her convictions and sentence for assisting a criminal in murder as a Class C felony and giving...
Posted in The Indiana Law Blog on August 11, 2008 12:51 PM
Ind. Decisions - Court of Appeals issues 5 today (and 13 NFP)
For publication opinions today (5): In Lauth Indiana Resort & Casino v. Lost River Development, et al., a 14-page opinion, Judge Mathias writes:Appellant-Defendant Lauth Indiana Resort & Casino, LLC (“Lauth”) brings this interlocutory appeal from the order of the Hamilton...
Posted in The Indiana Law Blog on July 15, 2008 10:52 AM
Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)
For publication opinions today (2): In Burns-Kish Funeral Homes, Inc. v. Kish Funeral Homes, LLC, a 20-page opinion re an interlocutory appeal, Judge Vaidik writes:Burns-Kish Funeral Homes, Inc. is a family-run funeral home in northwest Indiana that has been in...
Posted in The Indiana Law Blog on June 25, 2008 12:52 PM
Ind. Decisions - Court of Appeals issues 6 today (and 10 NFP)
For publication opinions today (6): In Term. of Parent-Child Rel. of A.B., and Angela B. and Brian J. v. Lake Co. Dept. of Child Services - a 15-page opinion, the Court reverses an involuntary termination of parental rights, on the...
Posted in The Indiana Law Blog on June 3, 2008 12:48 PM
Ind. Decisions - Court of Appeals issues 5 today (and 17 NFP)
For publication opinions today (5): In John R. Myers, II v. State of Indiana , a 44-page opinion, Judge Bradford writes:Today we state once again that a defendant is entitled to a fair trial, not a perfect trial. Concluding the...
Posted in The Indiana Law Blog on May 30, 2008 01:23 PM
Ind. Decisions - "Justices overturn girl's MySpace conviction"
Charles Wilson of the AP reports today on the Supreme Court decision yesterday in the case of A.B. v.State of Indiana (see May 13th ILB entry here - 4th case). Some quotes:The Indiana Supreme Court overruled a judge who placed...
Posted in The Indiana Law Blog on May 14, 2008 10:11 AM
Ind. Decisions - Supreme Court issues four opinions late this afternoon, including the "MySpace case"
In Querrey & Harrow, LTD, et al v. Transcontinental Insurance Co., a 5-page, 4-1 opinion, Justice Dickson writes:Addressing an issue of first impression in Indiana, the Court of Appeals holds that an excess insurer may not bring an action for...
Posted in The Indiana Law Blog on May 13, 2008 04:41 PM
Ind. Decisions - Court of Appeals issues 3 today (and 21 NFP), including an appeal lost in the Clerk's office until last month [UPDATED]
For publication opinions today (3): In Cory Pierce, Judith McIntosh, Thomas Ferrara, Judy Willis, et al v. State of Indiana Dept. of Correction, et al , a 28-page opinion, Judge Sharpnack writes:Cory Pierce, Judith McIntosh, Thomas Ferrara, Judy Willis, Linda...
Posted in The Indiana Law Blog on April 30, 2008 01:40 PM
Ind. Decisions - Court of Appeals issues 3 today (and 13 NFP)
For publication opinions today (3): Arthur Harris v. State of Indiana - "Attempted voluntary manslaughter with a deadly weapon is a Class A felony and carries the same penalty as attempted murder. See IC 35-41-5-1; IC 35-42-1-3. Because prosecutions for...
Posted in The Indiana Law Blog on April 16, 2008 12:59 PM
Ind. Decisions - Court of Appeals issues 6 today (and 19 NFP)
For publication opinions today (6): In James Hicks v. Gary and Judy Larson, a 12-page, 2-1 opinion concerning grandparent visitation, Judge Mathias writes:Gary and Judy Larson filed in Gibson Circuit Court a petition for grandparent visitation. The Larsons (“Grandparents”) are...
Posted in The Indiana Law Blog on April 10, 2008 02:12 PM
Ind. Decisions - Court of Appeals issues 1 today (and 4 NFP) [Updated Again]
Note: All five of these documents currently are corrupted and cannot be read. The ILB has informed the Clerk's office. [Update: The Clerk's office was contacted at 1:02 pm. It is now 3:05 pm and no response has been received....
Posted in The Indiana Law Blog on January 3, 2008 12:53 PM
Ind. Decisions - Court of Appeals issues 13 today (and 21 NFP)
Additional summaries may follow. For publication opinions today (13): In Paul McMurray v. Nationwide Mutual Insurance Co. , a 12-page opinion, Judge Mathias writes:At issue in this appeal is whether “other insurance” clauses in the polices of both Nationwide and...
Posted in The Indiana Law Blog on December 28, 2007 01:53 PM
Ind. Courts - Oral arguments today include whether a student's myspace.com postings are protected political speech;
A.B. v. State of Indiana will be argued before the Supreme Court at 9:45 this morning. See this ILB entry from Monday for the details. Watch the webcast broadcast live at 9:45 AM, or watch the archived webcast later, via...
Posted in The Indiana Law Blog on December 13, 2007 07:20 AM
Ind. Decisions - Upcoming oral arguments this week include the questions of: whether a student's myspace.com postings are protected political speech; whether Indiana's school finance system is unconstitutional
This week's oral arguments before the Supreme Court: This Thursday, Dec. 13th: 9:00 AM - Darryl Jeter v. State - Jeter was convicted of a 2003 murder and sentenced to life without the possibility of parole in the Lake Superior...
Posted in The Indiana Law Blog on December 10, 2007 08:31 AM
Ind. Decisions - More on: Three cases granted transfer today, including whether myspace.com postings are protected political speech
From this Sept. 26th ILB entry, reporting that the Supreme Court had granted transfer in the case of:A.B. v. State - The ILB summary to the COA opinion sets out the issue: "Whether the message authored by A.B. and posted...
Posted in The Indiana Law Blog on October 9, 2007 10:51 AM
Ind. Decisions - Three cases granted transfer today, including whether myspace.com postings are protected political speech
Three cases granted transfer today by the Supreme Court Adkins v. State - The ILB summary to the COA opinion reads: "Henry J. Adkins appeals his conviction for pointing a firearm as a class D felony. Adkins raises two issues,...
Posted in The Indiana Law Blog on September 26, 2007 02:14 PM
Ind. Law - "Schools struggle to secure students in cyber world"
Sue Loughlin of the Terre Haute Tribune-Star writes today on "a whole new territory" - the impact of MySpace and Facebook on students. Some quotes from the long and excellent article:From cyberspace threats and bullying to false teacher profiles, social...
Posted in The Indiana Law Blog on September 2, 2007 12:56 PM
Law - Connecticut Free Speech Suit Filed, Student's Blog Entry At Issue
Recall the April 9th Indiana Court of Appeals decision in A.B. v. State of Indiana (see list of ILB entries here), where the ruling was, quoting from an AP story: "A judge violated a juvenile's free-speech rights when he placed...
Posted in The Indiana Law Blog on July 17, 2007 02:54 PM
Ind. Decisions - Court of Appeals issues 6 today (and 17 NFP)
For publication opinions today (6): In Keith B. Von Hor v. Jane Doe and State Farm Insurance Companies, a 7-page opinion, Judge Crone writes:In advocating for coverage under his vehicle’s insurance policy, motorcyclist Von Hor raises three issues, which we...
Posted in The Indiana Law Blog on May 31, 2007 01:52 PM
Ind. Decisions - Even more on "MySpace Postings Are Free Speech"
The April 9th Court of Appeals opinion in A.B. v. State of Indiana (initial ILB entry here), is the subject of even more comment. The Clovis News Journal, located in Clovis, New Mexico, delivers to readers in a number of...
Posted in The Indiana Law Blog on April 18, 2007 08:23 AM
Ind. Decisions - Still more on "MySpace Postings Are Free Speech"
The April 9th Court of Appeals opinion in A.B. v. State of Indiana (ILB entry here), is the subject of an article today by Julie Hildren, in Findlaw's legal news and commentary section. Here are some quotes:In this column, I'll...
Posted in The Indiana Law Blog on April 16, 2007 07:54 AM
Ind. Decisions - More on "MySpace Postings Are Free Speech"
Updating this ILB entry from earlier today, the Indiana Court of Appeals decision in the case of A.B. v. State of Indiana has now become a topic on Slashdot.com ("News for Nerds, Stuff that Matters")....
Posted in The Indiana Law Blog on April 10, 2007 08:56 PM
Ind. Decisions - Court of Appeals issues 1 today (and 10 NFP)
For publication opinions today (1): Shane Allen Blasius v. Stephen Earnest Wilhoff, Jr. and Heidi Ann Wilhoff - "The trial court awarded Stephen E. and Heidi A. Wilhoff (the Wilhoffs) custody of A.B. Shane A. Blasius, A.B.’s biological father, now...
Posted in The Indiana Law Blog on April 10, 2007 01:17 PM
Ind. Decisions - "MySpace Postings Are Free Speech" [Updated]
An AP story today by Charles Wilson, here picked up in the Houston Chronicle, reports on yesterday's Court of Appeals opinion in the case of A.B. v. State of Indiana (see ILB entry here). Some quotes:INDIANAPOLIS — A judge violated...
Posted in The Indiana Law Blog on April 10, 2007 10:09 AM
Ind. Decisions - Court of Appeals issues 3 today (and 8 NFP)
For publication opinions today (3): In A.B. v. State of Indiana, a 10-page opinion by Judge Riley, the issue is whether "the message authored by A.B. and posted on a myspace.com website is protected political speech." Riley writes:With respect to...
Posted in The Indiana Law Blog on April 9, 2007 01:28 PM
Ind. Decisions - Three today from the Court of Appeals
In William W. Pond v. B. Paul McNellis, et al, a 33-page opinion, Judge Sharpnack writes:William Pond appeals the trial court’s grant of summary judgment to Paul McNellis and Linda Chrzan and denial of his motion for summary judgment. Pond...
Posted in The Indiana Law Blog on April 13, 2006 10:21 AM
Ind. Decisions - "The Indiana Supreme Court has ducked a couple of tough calls."
"The Indiana Supreme Court has ducked a couple of tough calls" is the headline to an editorial today in the Fort Wayne News-Sentinel. Some quotes:In a 4-1 ruling, it skirted the question of whether the state’s law or constitution recognizes...
Posted in The Indiana Law Blog on November 28, 2005 04:13 PM
Ind. Decisions - Two other Supreme Court decisions today, one dealing with same-sex parents [Updated]
Krste Prentoski v. Five Star Painting, Inc. is a workers compensation appeal, affirms that "Indiana Code Section 22-3-3-27(c) and similarly worded predecessor statutes ... mean that the limitations period begins running on the last date “for which” compensation was paid...
Posted in The Indiana Law Blog on November 23, 2005 01:11 PM
Ind. Decisions - Court of Appeals posts four today
Edward D. Perrey v. State of Indiana (3/16/05 IndCtApp) [Criminal Law & Procedure] Mathias, Judge Edward Perrey (“Perrey”) was convicted of Class C felony criminal confinement and Class D felony auto theft in Allen Superior Court. He appeals his...
Posted in The Indiana Law Blog on March 16, 2005 02:06 PM
Indiana Decisions - STAR editorial on last week's visitation rights ruling
The Indianapolis Star editorializes this morning on last week's Court of Appeals ruling: In Re: A.B. v. S.B, stating:Strike out the mention of King's sexual orientation or how her child was conceived -- with the help of her brother --...
Posted in The Indiana Law Blog on November 30, 2004 06:41 AM
Indiana decisions - Court extends rights to gay mom
"Court extends rights to gay mom: Judges prod lawmakers to address family issues raised by new social reality and reproductive technology." That is the headline to this front-page story today in the Indianapolis Star, reporting on the decision of an...
Posted in The Indiana Law Blog on November 27, 2004 07:12 AM
Indiana Decisions - 7 more decisions posted today by the Court of Appeals, matching yesterday's total
Kelli Jo Trusley v. State of Indiana (11/24/04 IndCtApp) [Criminal Law & Procedure] May, Judge Kelli Jo Trusley entered a plea of guilty to reckless homicide, a Class C felony. The trial court sentenced her to eight years, with two...
Posted in The Indiana Law Blog on November 24, 2004 02:47 PM
Indiana Decisions - Four from the Court of Appeals
Leonard Proffit v. State of Indiana (11/18/04 IndCtApp) [Criminal Law & Procedure] Sullivan, Judge Following a jury trial, Appellant, Leonard Proffit, was convicted of one count of Voluntary Manslaughter, a Class A felony, and one count of Robbery as a...
Posted in The Indiana Law Blog on November 18, 2004 02:14 PM
Indiana Decisions - Two from Supreme Court today
Lisa Marie Pedraza v. Brian Gasperson (8/26/04 IndSCt) [Family Law] Dickson, JusticeThis appeal challenges the trial court's dismissal of a paternity action for lack of personal jurisdiction over the alleged father. In a memorandum decision, the Court of Appeals reversed...
Posted in The Indiana Law Blog on August 26, 2004 01:55 PM