Indiana Supreme Court deadlocks on protective order case
The Indiana Supreme Court reinstated an Indiana Court of Appeals decision in a protection order case it took on transfer after the four justices deadlocked on how to resolve the case.
Scott Roberts
Articles
COA upholds adoption venue transfer
The Indiana Court of Appeals upheld transfer of an adoption petition from Greene to Monroe County Circuit Court, ruling Monroe was the preferred venue because of other cases related to the petition that also were happening there.
COA: Man did not have expectation of privacy after he was tracked by GPS
Tracking of man by GPS did not violate his Fourth Amendment or Indiana constitutional rights, the Court of Appeals ruled, because he did not have a reasonable expectation of privacy. The appellate court upheld Joseph Sidener's Class C felony burglary conviction and the finding he is an habitual offender.
COA rules DCS has duty to protect caller’s identity
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.
7th Circuit upholds lifetime supervised release
The 7th Circuit Court of Appeals on Tuesday affirmed a federal judge’s findings and explanations were sufficient to support lifetime supervised release for 66-year-old man in poor health.
COA: Gun evidence lawfully obtained
In its third Fourth Amendment case in two weeks, the Indiana Court of Appeals ruled evidence obtained during a stop of a man who was loitering around an apartment complex and then left suspiciously was lawfully seized. The judges affirmed the trial court’s denial of his motion to suppress on interlocutory appeal.
Divided COA rules karate kick is an issue of material fact
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.
Property manager not liable in drunken driving crash, COA holds
The Indiana Court of Appeals ruled the property management company of a Camby bar has no duty of care to a woman who was seriously injured in a car accident in which she and the driver were intoxicated.
Molest conviction affirmed; habitual offender waiver remanded
The Indiana Court of Appeals found a counsel’s mistake did not constitute judicial admission in a man’s trial when he was found guilty of molesting his stepdaughter. But the appeals court remanded his guilty plea for being a habitual offender, finding he did not waive his right to trial on the issue at court, his attorney did.
‘Abusive litigant’ loses appeal for damages
The Indiana Court of Appeals denied a prolific litigant’s attempt to get more than $30,000 in damages after he claimed a printer he purchased online for less than $75 did not work and then sued for thousands of dollars in damages.
COA: Lack of warning signs reinstates suit in fatal crash
The Indiana Court of Appeals found the Hancock County Board of Commissioners was not liable for the way an intersection was designed but found there was an issue of material fact as to whether the county should have installed warning signs there. A man was killed at the intersection in 2009 in a crash with another vehicle, triggering a lawsuit.
Tax court adjusts sales, use taxes for contractor
The Indiana Tax Court reversed some issues and affirmed others related to Miller Pipeline’s claim of refund of sales and use taxes remitted for the 2006 and 2007 tax years, ruling the contractor overpaid by tens of thousands of dollars.
COA: Worker’s comp board may overrule medical examiner
The Indiana Court of Appeals affirmed a Worker’s Compensation Board decision that a man did not sustain a cervical injury as a result of a workplace accident. The board was not required to follow treatment recommendations of an independent medical examiner who saw the man after his employer notified him of its intent to terminate temporary total disability benefits.
COA: Mother’s rights not violated by reasonable efforts order
The Indiana Court of Appeals ruled an order that reasonable efforts to reunify a mother and her daughter were not necessary did not violate her rights under the Americans with Disabilities Act or the Rehabilitation Act and affirmed judgment of the trial court.
COA upholds contempt charges in video conference
The Indiana Court of Appeals upheld a man’s contempt of court charges after it found just because a man was on video didn’t mean he couldn’t commit contempt, and the evidence was enough to uphold the charges.
Supreme Court disbars South Bend lawyer
The Indiana Supreme Court issued a disbarment decision Wednesday finding Elton Johnson committed attorney misconduct in a number of ways. The per curiam decision lists incompetent representation, converting client funds and failing to cooperate with the disciplinary process as reasons for Johnson’s disbarment.
Ex-credit union chief loses defamation per se appeal
The Indiana Court of Appeals affirmed summary judgment for an employer after the president of a company was fired over an executive’s hotline call. The president claimed defamation per se and considered the hotline company liable, but the COA ruled comments made during the call were not defamatory.
COA reinstates ex-boyfriend’s complaint for damages
The Indiana Court of Appeals found a man’s complaints for compensation against his girlfriend for work he did on two houses, including a house they both lived in, should not have been dismissed. The case was remanded to the trial court.
COA: Search under probation did not violate Fourth Amendment
The Indiana Court of Appeals found a warrantless search of property did not violate a man’s Fourth Amendment and Indiana Constitutional rights and upheld the denial of his motion to suppress evidence after he was convicted of two methamphetamine counts.
COA upholds conviction, trims sentence in heroin case
The Indiana Court of Appeals upheld a man’s conviction but reduced his sentence for dealing heroin even though he didn’t actually participate in the transaction in one of the counts.