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Opinions March 11, 2019

Indiana Court of Appeals
In re the Paternity of W.R.H. Casie N. Wheeler v. William Jesse Hinshaw
18A-JP-1770
Juvenile paternity. Reverses modification of custody ordered by Hamilton Superior Court, awarding sole legal custody of W.R.H. to William Jesse Hinshaw. Majority holds that because Indiana Code section 31-17-2.2-1 does not place legal custody at issue any time there is a hearing regarding a proposed relocation, legal custody was not at issue at the hearing, and the trial court erred by ordering the modification. Judge Terry Crone dissents with separate opinion and would affirm the trial court’s award of sole legal custody to father.

Man wins right for jury trial to fight traffic ticket

The Indiana Court of Appeals reversed the denial of a man’s demand for a jury trial in his trial de novo after he was found guilty in a city court bench trial. The panel found he did not waive that right by formerly submitting to the bench trial.

Logging injunction near Lake Monroe splits Court of Appeals

A trial court’s injunction halting logging on land on Lake Monroe south of Bloomington was reversed Monday by a split panel of the Indiana Court of Appeals. A dissenting judge, however, would have upheld the injunction and called the majority’s recommendation that the case be referred for mediation “imprudent.”

Divided COA reverses custody change based on relocation

The issue of whether a mother’s relocation could by itself warrant a change in joint custody divided the Indiana Court of Appeals on Monday, which reversed a trial court’s decision to award sole legal custody to the father who was remaining in the Indianapolis area.

Duke Energy to create plan for Indiana coal ash ponds

Duke Energy will need to create a corrective action plan for its coal ash ponds in Indiana after mandatory groundwater testing found the ponds have contaminants at levels higher than groundwater protection standards.

Opinions March 8, 2019

Indiana Supreme Court
Marcus Zanders v. State of Indiana
15S01-1611-CR-571
Criminal. Affirms Marcus Zanders’ convictions of two counts of robbery with a deadly weapon and two counts of unlawful possession of a firearm by a serious violent felon. Finds that accessing Zanders’ cell-site location information was a Fourth Amendment search under Carpenter v. United States, 585 U.S. —, 138 S. Ct. 2206 (2018), but even if the CSLI evidence should have been excluded, the error was harmless beyond a reasonable doubt.

Reversal: Trial court erred in rescinding settlement

The Indiana Court of Appeals reversed a trial court’s rescission of an order it gave enforcing a settlement agreement in a negligence suit. The appellate panel found the order contradicted itself.

COA reinstates nurse’s negligence claim against hospital

A woman suing a hospital for negligence after falling on property it owned successfully won over an appellate panel that found the hospital failed to designate sufficient evidence to affirmatively negate her claims.

Tax Court vacates previous remand in McCordsville dispute

Three months after remanding a dispute to the Indiana Board of Tax Review with instructions to conduct another hearing, the Indiana Tax Court has vacated that opinion and ruled the claims by co-trustees are barred and untimely.

Judgment against casino as discovery sanction affirmed

Finding a Lake Superior judge properly ordered summary judgment against a casino as a sanction for dragging its feet on discovery in an elderly man’s negligence complaint filed after a fall, the Indiana Court of Appeals affirmed and sent the case back to determine the man’s damages.

Justices: Admission of warrantless cell location data was harmless

Even though law enforcement conducted a warrantless Fourth Amendment search when they accessed of a man’s cellphone location data, the admission of the data does not warrant a new trial because any error was harmless beyond a reasonable doubt, the Indiana Supreme Court ruled Friday, upholding a man’s four convictions in a case heard on remand from the U.S. Supreme Court.