COA affirms denial of PCR petition in meth manufacturing case
The Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, finding he waived his ineffective-assistance-of-counsel argument.
Court opinions
Articles
Man’s pro se sentence appeal denied, but COA splits over process
A man convicted of sex crimes lost his argument on appeal that he had served the entirety of his sentence, but an appellate panel disagreed on how the man’s pro se complaint should have been treated in court.
Opinions July 30, 2020
Indiana Court of Appeals
Michael Scott Parker v. State of Indiana
20A-CR-315
Criminal. Affirms Michael Parker’s conviction for Level 3 felony dealing in methamphetamine and Class C misdemeanor operating a motor vehicle without ever receiving a license. Finds the Tippecanoe Superior Court did not abuse its discretion in admitting certain Facebook messages.
Child support order remanded for further overpayment inquiry
The date of a daughter’s surgeries was overlooked by a trial court in determining whether a father had met his child support obligation, the Indiana Court of Appeals ruled Thursday, remanding the case.
Opinions July 29, 2020
Indiana Court of Appeals
In the Adoption of K.H., D.R. v. M.M. and C.M.
20A-AD-337
Affirms the Vanderburgh Superior Court’s adoption decree. Holds that biological father D.R. has not met his burden to overcome the presumption the trial court’s decision is correct or that the evidence leads to but one conclusion and the trial court reached the opposite conclusion.
Ex-fertility doctor who used own sperm must face civil lawsuit, COA affirms
A former Indianapolis fertility doctor who used his own sperm to impregnate dozens of women through artificial insemination must face a negligence complaint brought against him by the son of one of his patients, the Indiana Court of Appeals affirmed Wednesday.
Opinions July 28, 2020
Indiana Court of Appeals
Sanders Kennels, Inc. v. Gary Lane
20A-CC-675
Civil collection. Affirms the Marion Superior Court’s denial of Sanders Kennels Inc.’s motion for relief from judgment against Gary Lane, who sued Sanders Kennels for breach of contract, fraud, theft and conversion. Concludes that the trial court had specific personal jurisdiction over Sanders Kennels as matter of law, and therefore Sanders Kennels has failed to establish that the trial court erred in denying its motion to dismiss. Also finds that the trial court did not abuse its discretion in denying his motion to correct error.
COA reverses in part for widow in family’s trust dispute
The Indiana Court of Appeals has reversed in part a verdict against a widow in a family dispute stemming from her diversion of $8 million of her late-husband’s trust assets that effectively disinherited his son.
Indianapolis dog breeder prevails against Georgia supplier’s appeal
An Indianapolis dog breeder held his grip on a summary judgment ruling in his favor after an out-of-state dog breeding business he sued failed to convince the Indiana Court of Appeals that its motion for relief was wrongly denied.
Opinions July 27, 2020
Indiana Court of Appeals
ShermansTravel Media, LLC v. Gen3Ventures, LLC
19A-PL-3024
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment in favor of Gen3Ventures, LLC against ShermansTravel Media, LLC. Finds the question of whether Shermans substantially performed its obligations under the parties’ settlement agreement is a disputed issue of material fact. Remands for further proceedings. Judge Elaine Brown concurs with a separate opinion. Judge Terry Crone dissents with a separate opinion.
COA reversal splits panel in email subscriber data dispute
An appellate panel split Monday in reversing on whether an online travel media company substantially performed its obligations under its settlement agreement with a marketing technology company regarding the use of subscriber data.
SCOTUS denies Nevada church’s appeal of COVID-19 restrictions
A sharply divided U.S. Supreme Court denied a rural Nevada church’s request late Friday to strike down as unconstitutional a 50-person cap on worship services as part of the state’s ongoing response to the coronavirus.
Opinions July 24, 2020
Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of A.E. (Minor Child) and K.E. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-109
Juvenile termination. Affirms the termination of K.E.’s parental rights to her minor child, A.E. Finds the Department of Child Services made reasonable efforts to reunify mother and A.E. Therefore, mother has not established that her due process rights were violated. Also finds the Marion Superior Court order terminating mother’s parental rights is supported by clear and convincing evidence.
Opinions July 23, 2020
Indiana Court of Appeals
Jessica M. Skeens v. State of Indiana
19A-CR-02475
Criminal. Affirms Jessica Skeens’ 41-year sentence for conviction of Level 1 felony neglect of a dependent resulting in death, three counts of Level 6 felony neglect of a dependent, and Class B misdemeanor marijuana possession. Finds, among other things, no abuse of discretion in the Delaware Superior Court’s instruction to the jury on causation. Finds Skeens’ sentence is not inappropriate in light of the nature of the offenses and her character.
COA reverses award of legal custody
A trial court’s order in a protracted feud between a divorced mother and father over the care of their child brought a partial reversal of custody from the Indiana Court of Appeals and a warning in a concurring opinion about the bias the parenting coordinator admitted to having against the mother.
Woman’s sentence stands for daughter’s death OWI crash
The Indiana Court of Appeals has affirmed a decades-long sentence for a mother convicted of felony neglect of a dependent resulting in death after one of her children was killed in a rollover car crash stemming from intoxicated driving.
Opinions July 22, 2020
Indiana Court of Appeals
Delaware County Regional Wastewater District v. Muncie Sanitary District, et al.
19A-EX-2964
Agency. Affirms the Indiana Utility Regulatory Commission’s approval of a Muncie city ordinance giving the Muncie Sanitary District an exclusive license to provide sewer service to customers in unincorporated areas within four miles of the city’s municipal corporate boundaries. Finds that under Indiana Code § 8-1.5-6, the IURC had the jurisdiction and authority to approve the ordinance, so its order was not contrary to law.
Appellate panel affirms IURC jurisdiction over Muncie sewer dispute
The Indiana Utility Regulatory Commission did not overstep its bounds when it granted a municipal sewer company exclusive license to do business in unincorporated areas near Muncie, the Indiana Court of Appeals has ruled, finding Indiana Code gave the IURC jurisdiction in the Delaware County dispute.
COA affirms felony drug conviction sentence, invites justices’ guidance on modifications
A panel of the Indiana Court of Appeals unanimously affirmed a woman’s almost 10-year sentence for four felony drug convictions, but one appellate judge paused to invite further guidance from the Indiana Supreme Court on a sentencing issue he says has caused a split of opinion among his colleagues.
7th Circuit snuffs out injunction on state smokable hemp law
An injunction prohibiting the state government from prosecuting certain uses of smokable hemp has been lifted after the 7th Circuit Court of Appeals found the prohibition was overbroad. But when the smoke clears, the appellate panel said a revised injunction may still be appropriate.