COA rules for school corp. in injured student-athlete’s negligence suit
Summary judgment for a northern Indiana school corporation has been affirmed after a female basketball player suffered a head injury during practice.
Court opinions
Articles
Opinions Sept. 28, 2020
Indiana Court of Appeals
M.A. v. Review Board of the Indiana Department of Workforce Development
20A-EX-160
Agency. Affirms the decision of the review board of the Indiana Department of Workforce Development affirming the decision of an administrative law judge that M.A. had insufficient wage credits to meet the statutory requirements to establish a claim for unemployment benefits. Finds the board did not err when it affirmed the ALJ’s decision denying M.A. unemployment benefits.
Injured worker’s unemployment benefits correctly denied, COA rules
A man who lost his job twice after being injured at work could not convince the Indiana Court of Appeals on Monday that he was wrongly denied unemployment benefits.
COA reverses judgment for IU Health on patient’s liability claim
Judgment for IU Health on a complaint stemming from a near-fatal surgery has been reversed, with the Indiana Court of Appeals finding an issue of fact as to whether the patient in question knew his anesthesiologist was an independent contractor.
Opinions Sept. 25, 2020
Indiana Court of Appeals
In the Matter of the Supervised Estate of Donald L. Moster, Sr., Deceased; Lisa Voltz, Successor Personal Representative, and Donald L. Moster, Jr. v. Rose M. Deschand (mem. dec.)
20A-ES-938
Estate. Affirms on interlocutory appeal the Hamilton Superior Court order denying Lisa Voltz’s and Donald L. Moster Jr.’s motion to void the marriage between Donald L. Moster Sr. and Rose M. Deschand. The trial court found insufficient evidence of a lack mental of physical and mental capacity for Donald Sr., and the trial court did not err in denying the motion.
Opinions Sept. 24, 2020
Indiana Court of Appeals
Joel Barrozo v. State of Indiana
19A-CR-2037
Criminal. Vacates one of Joel Barrozo’s reckless driving convictions due to double jeopardy grounds. Remands to St. Joseph Superior Court with instructions to vacate one of those convictions and to resentence accordingly. However, affirms his remaining convictions for three counts of Level 5 felony reckless homicide, Class A misdemeanor reckless driving, and one count of Class A misdemeanor leaving the scene of an accident.
Misdemeanor conviction vacated for man in fatal three-car crash
A man who fled the scene of a three-vehicle crash that killed three people and seriously injured two others has had one of his reckless driving convictions vacated on double jeopardy grounds, the Indiana Court of Appeals ruled Thursday.
Judge blocks Indiana law restricting who may seek polling hour extension
A federal judge has blocked a 2019 Indiana law restricting who may seek to extend polling-place hours due to conditions that prevent voters from casting a ballot.
Opinions Sept. 23, 2020
Indiana Court of Appeals
Bryan L. Flowers v. State of Indiana
19A-CR-322
Criminal. Affirms Bryan Flowers’ aggregate 85-year sentence for conviction of murder. Finds the Allen Superior Court did not abuse its discretion and that the sentence is not inappropriate based on the nature of the offense and Flowers’ character.
Opinions Sept. 22, 2020
7th Circuit Court of Appeals
Bruce Webster v. T. Watson
19-2683
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Affirms the Southern District Court’s decision vacating Bruce Webster’s death sentence based on a finding that he is intellectually disabled. Finds the district court’s findings contain no clear error.
COA affirms denial of mom’s request to relocate in parenting dispute
The Indiana Court of Appeals has upheld an order denying a mother’s request to relocate, finding her move from South Bend to Chicago would not be in the child’s best interest.
Appeals court rules for Indianapolis in dispute over trouble condo’s receivership
Court orders in favor of the city of Indianapolis in the latest of long-running disputes over a dilapidated condominium development on the city’s northeast side were upheld on appeal Tuesday, including an order that the condo corporation and members pay half of a receiver’s fees.
Opinions Sept. 21, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Christopher Andre Vialva v. T. J. Watson, Warden, United States Penitentiary, Terre Haute
20-2710
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the denial of petition for writ of habeas corpus sought by Christopher Andre Vialva, thereby denying his request for a stay of execution. Finds Vialva has not established even a better-than-negligible chance of prevailing in his quest for another round of collateral review.
7th Circuit denies bid to stay execution of Black man convicted of murder
The first Black man scheduled to be executed since the resumption of lethal injection on federal death row lost his appeal for a stay Friday when the 7th Circuit Court of Appeals found he had almost no chance of relief arguing his claims of ineffective assistance of counsel and that the judge who condemned him was an alcoholic.
Arizona high court to weigh incentive for Hoosier university project
The Arizona Supreme Court has agreed to review a lower court’s ruling that upheld a Phoenix suburb’s payment of $2.6 million to a private Indiana university to open a branch site in the city.
Opinions Sept. 18, 2020
Indiana Court of Appeals
Michaele Schon and Neal Schon v. Mike Frantz, ESG Security, Inc., Allen County War Memorial Coliseum, and Live Nation Worldwide, Inc.
20A-CT-741
Civil tort. Affirms the grant of summary judgment in Allen Superior Court in favor of Allen County War Memorial Coliseum against claims brought by Michaele and Neal Schon for an alleged injury Michaele sustained during a Journey concert. Finds the trial court did not deprive the Schons of an opportunity to conduct additional discovery, that the coliseum is a political subdivision under the Indiana Tort Claims Act and is immune from liability under the ITCA.
COA rules for Lake County in tax deduction dispute
The Indiana Court of Appeals has ruled in favor of Lake County’s auditor in a tax deduction dispute after finding that the trial court that granted the county summary judgment lacked subject matter jurisdiction.
Appeals court rules against Journey guitarist’s wife in Fort Wayne concert injury dispute
The wife of Journey guitarist Neal Schon could not convince the Indiana Court of Appeals on Friday that she was deprived of an opportunity to conduct additional discovery against the Allen County War Memorial Coliseum after a security guard there allegedly injured her during a concert by the rock band.
Opinions Sept. 17, 2020
The following 7th Circuit opinion was posted after IL deadline Wednesday.
John Myers v. Ron Neal
19-3158
Civil. Denies rehearing and rehearing en banc. Amends the opinion to grant remand to the district court to address the two claims Myers advanced under Brady v. Maryland.
COA affirms sentence for man involved in fatal police chase
A man who fled from officers in a vehicle chase that resulted in the death of two children and their father will serve his 15-year sentence behind bars, the Indiana Court of Appeals has affirmed.