Indiana Court Decisions – Dec. 6-18, 2017
Read Indiana appellate court decisions from the latest reporting period.
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Tech Untangled: Periscope live streaming augments presidential tweets
In theory, Periscope could be useful to broadcast important societal interactions such as civil unrest events, or disaster relief response efforts. In practice, there are probably better social media avenues for such things.
Another round: Alcohol issues brewing again at Statehouse
Expanding retail sales of cold beer beyond liquor stores and permitting Sunday sales of alcohol are among the issues that will once again be on tap for lawmakers in the 2018 session of the Indiana General Assembly.
Rethinking bail: Pretrial release and apps among trends here and nationwide
The drumbeat to reexamine the practice of cash bail in Indiana and nationally has grown louder in recent years as jails groan under the weight of overpopulation. A court pilot program in Indiana assesses risk while a private initiative in New York uses computing power to raise money to pay bail for nonviolent arrestees.
Hershman to leave Senate for position with Barnes
Indiana Sen. Brandt Hershman has announced he is resigning his position as Senate majority floor leader to take a position with Barnes & Thornburg, LLP.
Former US attorneys, GOP officials defend Mueller
More than 40 former U.S. attorneys and Republican and conservative officials are pushing back against efforts to discredit the special counsel investigating Russian interference in the 2016 election.
IndyBar: Meet the 2018 Indianapolis Bar Foundation Board of Directors
Rebecca W. Geyer leads the Indianapolis Bar Foundation as president in 2017. Find out who's who on the foundation's board of directors.
Opinions Dec. 22, 2017
The following Indiana Supreme Court opinions were posted after IL deadline Thursday:
Matthew L. Johnson v. State of Indiana
32S05-1707-CR-469
Criminal. Reverses the trial court’s overruling of Matthew Johnson’s objection to his habitual offender charges. Finds Indiana Code section 35-50-2-8(d) unambiguously requires each underlying low-level offense to meet the statutory 10-year requirement for a habitual offense.
COA: Traffic stop that led to arrest not a constitutional violation
Though an Indiana trial court erred in admitting a defendant’s statements about prior drug activity, the Indiana Court of Appeals has upheld the defendant’s current dealing conviction after finding the officers who arrested him did not violate his Fourth Amendment rights.
7th Circuit upholds denial of environmental insurance claim
A northern Indiana couple cannot seek insurance coverage for pre-existing environmental pollution they discovered on their businesses’ property because the language of their insurance policy unambiguously exempts coverage for known or unknown property damage occurring before their policy began, the 7th Circuit Court of Appeals has ruled.
Supreme Court raises minimum senior judge days to 15
The Indiana Supreme Court is increasing the minimum number of senior judge service days available to the state’s courts as a means of enabling courts to provide timely justice to litigants.
COA: Officer’s failure to take oath doesn’t nullify charges
A northern Indiana police officer’s stop and subsequent arrest of an impaired driver was valid even though the policeman had not taken his oath of office, the Indiana Court of Appeals ruled Friday.
Divided Supreme Court reverses habitual offender enhancement
A divided Indiana Supreme Court reversed a man’s habitual offender enhancement Thursday after determining his two prior Illinois convictions were statutorily considered Level 6 felonies, thus disqualifying the enhancement. The dissenting justice, however, found ambiguity in the statutes at issue.
Justices: 2015 habitual offender law set 10-year limit for past low-level felonies
The 2015 version of Indiana’s habitual offender statute requires an offender to have been released from all lower-level felonies within 10 years to establish a habitual offender enhancement, the Indiana Supreme Court. Justices reversed a trial court that overruled a reversal of a defendant’s objection to his habitual offender charges.
Family sues Muncie funeral home, alleging botched funeral
The children of an Indiana woman are suing a Muncie funeral home, alleging that her remains and funeral arrangements were mishandled.
Attorney who claimed improper influence over judges suspended
An attorney who implied to a client that he had the ability to improperly influence judges and suggested his client flee the court’s jurisdiction to avoid criminal prosecution has been suspended for 90 days.
Attorney who claimed improper influence over judges suspended
An attorney who implied to a client that he had the ability to improperly influence judges and suggested his client flee the court’s jurisdiction to avoid criminal prosecution has been suspended for 90 days.
Opinions Dec. 21, 2017
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Bellwether Properties, LLC v. Duke Energy Indiana, Inc.
53S04-1703-CT-121
Civil tort. Reverses the dismissal of Bellwether Properties, LLC’s complaint against Duke Energy Indiana, Inc. Finds the dismissal was premature because the face of the complaint did not establish the asserted claim was time-barred. Remands for further proceedings.
COA allows spoliation claim to proceed
The Indiana Court of Appeals has struck down a claim for a private right of action raised under Indiana’s medical record production statute, but allowed a spoliation claim against a doctor who no longer possesses a patient’s medical records to proceed. However, two judges urged the Indiana Supreme Court to reconsider a 1991 opinion that required them to strike the private right of action claim.
COA upholds 12(B)(6) dismissal of complaint against bank
A bank that removed a home from a sheriff’s sale list did not breach its contract with the property owners through an in rem decree of foreclosure because the decree included language allowing the bank to remove the home from the sale list, the Indiana Court of Appeals has ruled.