Retiring COA Judge Barnes honored with celebration today
The Indiana Court of Appeals will honor retiring Judge Michael Barnes at a celebration Thursday afternoon, just one day before the judge will step down from the bench.
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Opinions May 30, 2018
7th Circuit Court of Appeals
Bobbi Kilburn-Winnie and Michelle Allen-Gregory v. Town of Fortville, et al.
17-2498
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the grant of summary judgment in favor for the Town of Fortville, Fortville Waterworks and Fortville Utilities on Bobbi Kilburn-Winnie and Michelle Allen Gregory’s 14th Amendment complaint. Finds res judicata bars Kilburn-Winnie and Allen-Gregory’s claim.
Vanderburgh County murderer loses PCR bid
A Vanderburgh County man convicted of beating his girlfriend to death has lost his bid for post-conviction relief from the Indiana Court of Appeals, which found he did not receive ineffective assistance of trial counsel.
Judgment for podiatrist who failed to keep records affirmed
The Indiana Court of Appeals has affirmed summary judgment for a podiatrist facing a medical malpractice claim, but opined that his failure to keep adequate medical records should have been grounds to allow the claim against him to continue.
COA reopens estate after improper probate closing
The St. Joseph Probate Court must reopen an estate that led to years-long litigation between two siblings after the court failed to follow proper statutory procedure when closing the estate, the Indiana Court of Appeals ruled Wednesday.
7th Circuit agrees Fortville water suit should be barred
A 14th Amendment complaint challenging the procedure Fortville follows when disconnecting a resident’s water service will not proceed after the 7th Circuit Court of Appeals ruled that the issue raised in the complaint has already been resolved through previous litigation.
Associate dean Cleveland named interim dean of Valpo Law School
Valparaiso Law School has tapped associate dean for academic affairs David Cleveland to serve as interim dean after the current dean, Andrea Lyon, steps down Friday from leading the struggling law school.
Justices vacate transfer of Henry County land dispute
The Indiana Supreme Court has vacated its decision to grant transfer to a case stemming from a Henry County land dispute less than one week after hearing oral argument. The decision lets stand a Court of Appeals ruling reversing the trial court.
Justices won’t hear Johnson County public defender suit
The Indiana Supreme Court has denied transfer to a case challenging the constitutionality of Johnson County’s contract-based public defender system, a decision one of the attorneys representing county defendants said was disappointing and cowardly.
Justices to decide if school disciplinary investigation implicated Miranda rights
A case that the Indiana Court of Appeals used to explore how the presence of school resource officers changes the nature of in-school discipline will soon come before the Indiana Supreme Court, which will decide if a 17-year-old should have been read his Miranda rights while being questioned in a school disciplinary action.
Mooresville man convicted of neglect, conspiracy in 5-year-old boy’s death
A Mooresville man has been convicted of neglect and conspiracy to commit murder in the death of his girlfriend's 5-year-old son who had special needs. A jury in Morgan County returned the verdict early Wednesday in the case against Steven Ingalls Jr.
Justices allow Arkansas to enforce abortion restrictions
The Supreme Court on Tuesday allowed Arkansas to enforce restrictions on how so-called abortion pills can be administered while a legal challenge to the restrictions proceeds, which critics say effectively ends that option for women in the state.
Supreme Court limits warrantless vehicle searches near homes
The U.S. Supreme Court sided 8-1 with a Virginia man who complained that police walked onto his driveway without a warrant and pulled back a tarp covering his motorcycle, which turned out to be stolen. The justices said the automobile exception does not apply when searching vehicles parked adjacent to a home.
Opinions May 29, 2018
Indiana Court of Appeals
Jeffery Certa v. Steak 'n Shake Operations, Inc., Mikal Gillham, and Matthew Hulett
79A05-1708-CT-1873
Civil tort. Reverses the grant of summary judgment to Steak ‘n Shake. Finds Steak ‘n Shake owed a duty to Jeffery Certa, so the Tippecanoe Superior Court erred in granting summary judgment. Remands.
Appellate court allows child molest negligence case to proceed against grandmother
A grandmother must face a negligence claim filed by her daughter and her granddaughter after the Indiana Court of Appeals found issues of fact as to whether the grandmother negligently allowed her grandchild to be molested by her husband, who she knew had a previous child molesting conviction.
Former NDLS clinic administrator sentenced to seven years
Jennifer Ihns, the former administrator for the Clinical Law Center at the University of Notre Dame Law School, will spend two years in the Indiana Department of Correction for embezzling nearly $200,000 from the clinic.
COA: 25-year delay doesn’t make motion for relief untimely
Despite a 25-year delay between an original summary judgment ruling and the subsequent grant of a motion for relief from that judgment, the Indiana Court of Appeals has upheld a trial court’s finding that the 2015 motion for relief from the 1990 judgment was not untimely.
COA allows negligence case against Steak ‘n Shake to proceed
A negligence case against an Indiana Steak ‘n Shake restaurant will proceed to trial after the Indiana Court of Appeals determined the restaurant owed a duty to protect one of its patrons from a third-party injury, making summary judgment inappropriate.
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