Indiana Court Decisions – July 1-15, 2020
Read Indiana appellate court opinions from the latest reporting period.
Court opinions
Articles
Opinions July 21, 2020
Indiana Court of Appeals
Centennial Park, LLC v. Highland Park Estates, LLC
20A-PL-467
Civil plenary. Affirms the Monroe Circuit Court’s denial of Centennial Park LLC’s motion for relief from the trial court’s injunction preventing Centennial from using an easement over a lot it purchased in the Highland Park subdivision for a construction and access road. Finds the vacation of a nuisance covenant did not change circumstances such that it would be inequitable to enforce the injunction prospectively. Also finds that because the record supports a conclusion that the access road would be a nuisance with or without the covenant, Centennial Park has failed to establish that the trial court abused its discretion in denying its motion for relief from judgment.
COA declines developer’s request for relief in access road dispute
A subdivision developer could not convince the Indiana Court of Appeals to lift an injunction preventing it from using an access road it built through another neighborhood for construction purposes.
Opinions July 20, 2020
Indiana Court of Appeals
Santos Cortez, et al. v. Indiana University Health, Inc., et al.
19A-CT-02540
Civil tort. Affirms dismissal of a lawsuit in Marion Superior Court alleging IU Health employees falsified Santos Cortez’s medical records in a medical malpractice complaint that was settled. Holds that claims regarding the alleged alteration of Cortez’s medical records fall within the scope of the Medical Malpractice Act and therefore should have been first submitted to a medical review panel.
COA reverses in part for hospital in summary judgment dispute
The Indiana Court of Appeals has affirmed in part the denial of an insurance company’s motion for summary judgment against a hospital. But it reversed a denial of the hospital’s own motion after finding its was entitled to judgment as a matter of law.
Adoption reversed after wrongful finding that mom’s consent not required
A Hamilton County adoption was reversed after a trial court wrongly found the biological mother’s consent to her child’s adoption was not required. The Indiana Court of Appeals on Monday found the trial court lacked evidence to support its findings.
Alleged alteration of medical records requires second review panel, COA rules
A man whose medical records were allegedly altered by practitioners cannot independently pursue a suit over that alteration without first proceeding through a separate medical review panel, the Indiana Court of Appeals ruled Monday.
Opinions July 17, 2020
Indiana Court of Appeals
Nicholas David McHenry v. State of Indiana
19A-CR-02460
Criminal. Affirms Nicholas McHenry’s aggregate 24-year sentence for his convictions of two counts of Level 4 felony child molesting. Declines the state’s request to dismiss McHenry’s appeal because his plea agreement allowed him to appeal his sentence following an open plea, and the plea agreement left sentencing entirely to the trial court’s discretion. Finds that McHenry’s sentence is not inappropriate given the nature of his offense and his character, particularly in light of McHenry’s continuing acts of criminal sexual behavior.
COA declines to dismiss appeal, but affirms child molesting sentence
The Indiana Court of Appeals has affirmed a man’s child molesting sentence, declining the state’s request to dismiss his appeal while also finding that his consecutive sentences are not inappropriate.
Opinions July 16, 2020
The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday:
Leif Hinterberger, et al. v. City of Indianapolis
19-3365
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the rejection of Leif Hinterberger’s statement of facts for violation the district court’s rulings governing summary judgment practice, and the entry of summary judgment against Hinterberger. Finds the district court did not abuse its discretion in striking Hinterberger’s statement because it did not comply with Local Rule 56-1, nor did it err in entering summary judgment against him on each of his claims.
7th Circuit upholds dismissal of Indiana Harbor rail lease litigation
A lease dispute between the majority and minority owners of Chicago-area rail switch carrier Indiana Harbor Belt Railroad was properly dismissed, the 7th Circuit Court of Appeals ruled Thursday.
Syringe conviction upheld for man found face down outside casino
The Indiana Court of Appeals has affirmed a man’s conviction of unlawful syringe possession after finding sufficient evidence to support it. The court also rejected his argument that the state failed to prove he was non-Indian.
Reversal: COA orders jury trial for man who did not knowingly waive right
A Pulaski County man will now have a jury trial after the Indiana Court of Appeals reversed his driving-related convictions Thursday, finding he did not knowingly waive his right to a jury trial.
Man’s suit to save house from demolition untimely, appeals court affirms
A Huntington man who sued the city in an effort to block the demolition of his dilapidated property went to court too late, the Indiana Court of Appeals ruled Thursday in upholding the dismissal of his lawsuit.
‘Antilawyering’ means court defeat for would-be Indy developer, 7th Circuit affirms
Failure to follow local court rules led to defeat for a would-be developer suing the city of Indianapolis, an outcome upheld Wednesday by the 7th Circuit Court of Appeals.
Split COA affirms for Hamilton Co. Convention Center owner in defamation case
Judgment for the Hamilton County Convention Center’s owner was upheld by a divided appeals panel Thursday in a former employee’s defamation suit. It’s the latest chapter in a long-running litigation saga involving cross-claims of unpaid wages and employee theft.
Opinions July 15, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday.
USA v. Nehemiah Felders
19-2867
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms, per curiam, a jury’s conviction of Nehemiah Felders for unlawful possession of a firearm and his 96-month sentence. Finds the record is silent about what was on the card a police officer read to Felders, of which the officer asserted was Felder’s Miranda warnings. Finds that on a silent record Felders cannot show that any error occurred — not when the warnings were read, not in the district court.
7th Circuit affirms conviction in Miranda warning dispute
The 7th Circuit Court of Appeals has affirmed a man’s conviction, rejecting his argument that the record doesn’t show that the statements read to him from a card produced by police satisfy his Miranda warnings.
CHINS finding reversed; mother’s marijuana use alone insufficient
The Indiana Court of Appeals has reversed a child in need of services finding after concluding that the child’s mother, while admitting to using marijuana, was not proven to have used it in the child’s presence or seriously endangered the child as a result.
Split COA reverses award of stock following divorce mediation
A woman who was awarded half of a $122,000 stock account held by her former husband after the couple entered into a mediated divorce settlement agreement that didn’t mention the account was stripped of that share of the stock account on appeal Wednesday. However, a dissenting judge would have affirmed the grant of money to the ex-wife.