Court affirms denial of PCR for drug offender
The Indiana Supreme Court has affirmed the denial of an Elkhart woman’s petition for post-conviction relief, finding her ineffective assistance of counsel argument cannot prevail under Indiana law.
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COA dismisses sex offender’s ‘premature’ appeal
A convicted sex offender who has not yet received treatment in a state-mandated Department of Correction program cannot move forward with his appeal of the dismissal of his complaints against the DOC and its contracted health services provider because the appeal is premature, the Indiana Court of Appeals held Wednesday.
Opinions May 31, 2017
Indiana Court of Appeals
Latorrea Denise Ware v. State of Indiana
20A03-1610-PC-2297
Post conviction. Affirms the denial of Latorrea Denise Ware’s petition for post-conviction relief. Finds Ware did not receive ineffective assistance of trial counsel because had her counsel moved to suppress evidence seized by officers who had entered her home with a valid warrant but without first clearly announcing their presence, the motion would not have been successful.
High court to decide if kids ‘reasonably expected’ to play at park with no equipment
The effect of a change to Indiana’s criminal code limiting the enhancement for committing a drug offense near a school or park will be at the center of a case the Indiana Supreme Court will hear next month.
Judgment for law firm in malpractice case reversed
A law firm must face a malpractice suit for failing to file a tort claim notice on behalf of a woman who was seriously injured by an attacker and whose daughter was killed. The assailant was the subject of an active protective order that authorities failed to find before releasing him from jail.
Lawsuit targets local rent-to-own housing operator
An Indianapolis-based company that has purchased and rented out hundreds of houses in the city is being sued by a not-for-profit housing group and four former customers over what they are calling a “predatory and unlawful rent-to-own scheme.”
U.S. Supreme Court: selling product exhausts patent
In a decision that Zimmer Biomet and other medical device manufacturers argued will change their industry, the Supreme Court of the United States ruled Tuesday that patent holders cannot keep their patent protections after they sell their products.
SCOTUS suspends wrong lawyer over ‘mistaken identity’
When the Supreme Court of the United States suspended a prominent Massachusetts lawyer and threatened him with disbarment, it started a Boston legal drama that took two weeks to resolve.
Judge awards no damages to worker burned inside heated tank
A lawsuit filed by an eastern Indiana man seriously burned inside a heated chemical tank has ended without any damages being awarded.
Long Beach seawall dispute goes back to boards
A complaint brought by Indiana residents seeking to build seawalls along their lakefront property will not proceed after the Indiana Court of Appeals decided Tuesday the residents must first exhaust their administrative remedies before litigating their complaint.
Right of first refusal splits Court of Appeals
A dispute over contract language divided the Indiana Court of Appeals to the point where judges could not agree whether the case was one of first impression.
COA: Mom cannot show lead cause of boy’s autism
A grandmother failed to convince the Indiana Court of Appeals her grandson’s developmental disabilities were caused by the lead paint in her rented house rather than by his birth mother’s use of methamphetamine.
Appellate court reverses domestication of Illinois judgment
The Indiana Court of Appeals has vacated an Indiana trial court’s order domesticating an Illinois trial court’s arbitration judgment, finding such an order was prima facie error.
COA allows nurse practitioner to testify as expert
An Evansville nurse practitioner who has training and licensure beyond that of a nurse, may testify as an expert as to whether a patient’s injuries are consistent with injuries sustained in an automobile accident, but not as to whether the accident caused the injuries, the Indiana Court of Appeals has ruled.
COA: Suspended attorney’s failure to litigate attributable to client
A now-suspended attorney’s repeated failure to communicate with his client and litigate her case was a failure directly attributable to the client and, thus, made the opposing party entitled to summary judgment, the Indiana Court of Appeals ruled Tuesday.
Opinions May 30, 2017
Indiana Court of Appeals
McKinley, Inc a/k/a McKinley Associates, Inc. d/b/a Summer Wood Apartment Homes v. Michelle Skyllas
45A05-1612-CT-2853
Civil tort. Reverses the Lake Superior Court’s grant of Michelle Skyllas’ motion to correct error, which sat aside the trial court’s prior grant of summary judgment to McKinley, Inc., a/k/a McKinley Associates, Inc., d/b/a Summer Wood Apartment Homes, and the trial court’s grant of Skyllas’ motion to withdraw and amend admissions. Finds Skyllas did not establish she was entitled to relief from judgment with respect to the grant of summary judgment or the admissions. Remands with instructions to reinstate the judgment in favor of McKinley and against Skyllas.
Court affirms weapon, drug convictions after bar incident
A man’s arrest and conviction on gun and cocaine charges after an anonymous tipster called police and said a man was pointing a gun in an Anderson bar was affirmed Tuesday by the Indiana Court of Appeals.
Travel ban to test Supreme Court view of presidential power
The U.S. Supreme Court may soon decide how courts are supposed to view presidential power in the age of Donald Trump.
Failure to sign order sends dog dispute back to court
Noting the plaintiff may want to let a sleeping dog lie, the Indiana Court of Appeals remanded a decision to the trial court, finding the judge had not signed the order awarding custody of a dog named Snickers.
Appeals panel affirms termination of guardianship
The aunt and uncle of a 5-year-old who were appointed the child’s guardian after the child’s mother was charged with neglect failed to persuade the Indiana Court of Appeals that a trial court had erred in terminating their guardianship.