Dissent

Lawsuit against Columbus over crosswalk headed toward trial

April 11, 2017
Olivia Covington
Although the city of Columbus has immunity from the policy decisions that may have contributed to a 13-year-old’s injuries when he was struck by a vehicle in a city crosswalk, genuine issues of material fact remain that preclude the city from being awarded summary judgment in a lawsuit, a divided Indiana Court of Appeals has held.
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7th Circuit: Title VII interpretation follows precedent

April 5, 2017
Marilyn Odendahl
The employment discrimination complaint that began as a pro se filing by an Indiana math teacher has led the 7th Circuit Court of Appeals to become the first federal appellate court to find the Civil Rights Act of 1964 provides protection for LGBT workers.
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Dissent: Teen killer’s 110-year sentence warrants review

March 17, 2017
Dave Stafford
A man who was convicted of murdering two people in an East Chicago confrontation in 1996 when he was 16 is entitled by subsequent U.S. Supreme Court rulings to a fresh look at his sentence, a dissenting 7th Circuit Court of Appeals judge wrote.
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Gun evidence admissibility divides Court of Appeals

December 29, 2016
Jennifer Nelson
In a “he said, she said” case before the Indiana Court of Appeals Thursday, the judges were divided on whether admission of a gun into evidence prejudiced a woman’s convictions of resisting law enforcement and battery against a public safety official and her boyfriend’s battery conviction.
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Justices deny transfer of CHINS ADA case with 3-2 vote

December 5, 2016
Olivia Covington
The Indiana Supreme Court has denied transfer of a case in which a father argued that the Department of Child Services’ failure to comply with the American with Disabilities Act when providing discretionary services should void the termination of his parental rights. However, two justices dissented from that decision, writing that DCS should always be required to comply with the ADA.
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Stanley ruling extends to government medical reimbursements

October 21, 2016
Dave Stafford
The Indiana Supreme Court on Friday extended the admission of evidence of reduced health care payments in personal injury suits to include reimbursements from government payers.
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Divided COA tosses $2M DUI crash verdict over old convictions

October 13, 2016
Dave Stafford
The majority of an Indiana Court of Appeals panel held Thursday that a drunken driver’s decades-old convictions for alcohol-related offenses were irrelevant and prejudicial in a civil suit following a personal-injury crash. A dissenting judge, though, wrote the admissibility of such evidence should go to its weight rather than its age.
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7th Circuit Court orders issuance of writ of habeas corpus for convicted murderer

September 26, 2016
Olivia Covington
The full 7th Circuit Court of Appeals has ordered that writ of habeas corpus or a new trial be ordered for a man convicted of three murders and sentenced to death, finding that state courts incorrectly omitted a key piece of evidence in the defense’s case.
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COA reverses decision to deny woman’s expungement request

September 15, 2016
Olivia Covington
The Indiana Court of Appeals has reversed a Jay Circuit Court decision to deny a woman’s petition for expungement of her records after she was convicted of forgery and dealing in methamphetamine.
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Court divided over stop of man in movie theater

August 24, 2016
Jennifer Nelson
By a 2-1 vote, the Indiana Court of Appeals reversed the denial of an Indianapolis man’s motion to suppress a handgun found on him after officers questioned him in a lobby of a movie theater. The majority ruled the officers had no reasonable suspicion to justify the investigatory stop.
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Split COA reverses sex conviction on ‘Romeo and Juliet’ grounds

August 22, 2016
The majority of a Court of Appeals panel reversed the conviction of a young man who claimed he was wrongly denied an opportunity to present Indiana’s “Romeo and Juliet” law as an affirmative defense to a charge of sexual misconduct with a minor.
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COA splits over earliest, latest possible release dates

August 9, 2016
Dave Stafford
Two of three judges on an Indiana Court of Appeals panel urged lawmakers to revisit a requirement that trial courts advise convicts of their earliest and latest possible release dates, but a third judge dismissed the majority’s position that the requirement “imposes an impracticable burden on our trial courts.
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Split COA tosses robbery convictions pegged to cellphone data

August 4, 2016
Dave Stafford
A divided Indiana Court of Appeals ruled Thursday that cellphone users have a reasonable expectation to the privacy of their location information that’s tracked and collected by phone service providers. The majority’s holding reversed armed robbery convictions of an Ohio man found guilty of holding up two Dearborn County liquor stores.
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COA majority rules dog sniff did not prolong stop

June 30, 2016
Scott Roberts
The Indiana Court of Appeals reversed a woman’s motion to suppress evidence found at a traffic stop in a 2-1 decision after the court ruled the stop was not extended by an officer’s check of the car with his dog.
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Majority: 2 shoplifting charges not RICO violations

June 30, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision the state went too far when it convicted a man who committed two acts of shoplifting under the state’s Racketeer Influenced and Corrupt Organizations Act and reversed his conviction for corrupt business influence.
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COA rules DCS has duty to protect caller’s identity

May 26, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a 2-1 decision the Indiana Department of Child Services had a duty to protect a man’s identity after he called the DCS hotline and reported his neighbors’ children as children in need of services.
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Divided COA rules karate kick is an issue of material fact

May 24, 2016
Scott Roberts
The Indiana Court of Appeals ruled 2-1 that a man’s kick in karate class, which injured a woman, constituted an issue of material fact and reversed summary judgment in his favor.
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COA: Stop violated 4th Amendment

May 12, 2016
Scott Roberts
A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.
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Split COA reinstates suit of pedestrian hit by deputy’s vehicle

May 6, 2016
Dave Stafford
A man who was walking on the wrong side of the road in dark clothes at night and was struck by a Marion County deputy driving a jail transport vehicle may pursue his negligence claim, a divided Indiana Court of Appeals panel ruled Friday, reversing the trial court.
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Appeals court reverses its decision on partition fences

May 5, 2016
Scott Roberts
A divided Indiana Court of Appeals overturned an earlier decision Thursday, finding residents that border a property where a man wants to build fences to keep his cattle in must help fund the fences because they are partition fences and fall under Indiana Code 32-26-9.
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Split 7th Circuit affirms child abuse, firearms convictions

May 5, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld a man’s child abuse and firearms convictions in a split decision. The court was divided over the admittance of the man's refusal to take a polygraph test into evidence.
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COA: Federal statute supersedes state one

April 22, 2016
The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.
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COA majority: Conditional language is still a threat

April 21, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction for Class A misdemeanor intimidation in a 2-1 decision after it found the conditional language he used in the threat placed his victim in danger of retaliation for a lawful act.
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Man has sentence cut in half by Supreme Court

March 30, 2016
Scott Roberts
The Indiana Supreme Court cut a man’s sentence in half, from 32 to 16 years, by a 3-2 decision after it found consecutive sentences in the case were not appropriate because the state sponsored a series of identical offenses.
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Ruling ends statute of repose for some asbestos cases

March 23, 2016
Scott Roberts
The Indiana Supreme Court’s ruling that the statute of repose does not apply in prolonged asbestos cases could open the door for more cases to be filed, two Indianapolis attorneys said. However, they were split if the decision was the right one.
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