COA affirms $2.4 million verdict for Hoosier farm in herbicide dispute
The Indiana Court of Appeals affirmed on Friday a more than $2.4 million verdict for an Indiana farm that suffered after its crops were damaged by plant-killing chemicals.
Court opinions
Articles
Opinions May 22, 2020
Indiana Supreme Court
Brandon L. Johnson v. State of Indiana
20S-CR-61
Criminal. Reverses the denial of Brandon Johnson’s request to file a belated notice of appeal. Finds the general waiver of Johnson’s “right to appeal,” particularly when contained in the same sentence as an unenforceable waiver of post-conviction relief, was insufficiently explicit to establish a knowing and voluntary waiver of Johnson’s right to appeal his 12-year sentence for his conviction of Level 4 felony dealing in methamphetamine. Remands with instructions for the Orange Circuit Court to grant Johnson’s motion for permission to file a belated notice of appeal. Justice Geoffrey Slaughter dissents without separate opinion.
COA hears first virtual argument with minor technical hiccups
Although they appeared to be sitting side-by-side per usual, the three appellate judges hearing the Indiana Court of Appeals’ first-ever remote oral arguments on Thursday were certainly far apart.
Supreme Court reversal: Drug dealer didn’t knowingly waive right to appeal sentence
A man convicted of felony drug dealing will now be able to appeal his 12-year sentence after the Indiana Supreme Court on Friday determined his appellate waiver was not knowing and voluntary.
Opinions May 21, 2020
Indiana Court of Appeals
Melvin Hall v. Bradley Shaw, Giovanni Narducci, and Central Indiana Protection Agency, Inc.
19A-CT-2533
Civil tort. Affirms and reverses in part the Marion Superior Court’s dismissal of Melvin Hall’s lawsuit against Bradley Shaw, Giovanni Narducci and Central Indiana Protection Agency Inc. alleging defamation, abuse of process, malicious prosecution and intentional infliction of emotional distress, and the partial denial of the defendants’ motion to dismiss Hall’s lawsuit. Finds the trial court erred in denying the defendants’ motion to dismiss Hall’s defamation and abuse of process claims based on Narducci’s July 2018 consumer complaint with the Attorney General’s Office. Also finds the trial court correctly dismissed Hall’s defamation claims based on alleged events that occurred before May 22, 2016, and on Gerald Alexander and Guillerma Lolla-Martinez’s trial testimony. Finally, finds the trial court erred in dismissing Hall’s malicious prosecution claims against all defendants based on his criminal prosecution, defamation claims against all defendants based on Alexander and Lolla-Martinez’s out-of-court statements made before Hall’s criminal trial, and IIED claims against Shaw and CIPA based on Narducci’s July 2018 voicemail. Remands for further proceedings.
COA partially reverses for security supervisor in police impersonation, defamation dispute
The Indiana Court of Appeals has partially reversed in favor of a man who claimed his former employers defamed him after he started his own company, leading to a criminal proceeding that resulted in his acquittal.
Opinions May 20, 2020
Indiana Court of Appeals
Brice Holden v. State of Indiana
19A-CR-1795
Criminal. Affirms Brice Holden’s conviction for Level 4 felony child molesting. Finds the Clay Circuit Court did not commit fundamental error in admitting the polygraph examination report. Also finds the trial court did not abuse its discretion in admitting the certified polygraph examiner’s nonhearsay testimony.
Opinions May 19, 2020
Indiana Supreme Court
Jesse L. Payne v. State of Indiana
20S-CR-313
Criminal. Reverses the guilty but mentally ill verdict and aggregate 90-year sentence for Jesse Payne after he confessed to burning down two covered bridges in Parke County. Finds the state presented insufficient demeanor evidence to rebut both the unanimous expert opinion that Payne is legally insane and Payne’s “well-documented history of mental illness.” Remands for the trial court to hold a hearing for Payne’s involuntary commitment under Indiana Code section 35-36-2-4. Justice Mark Massa dissents with a separate opinion joined by Justice Geoffrey Slaughter.
COA affirms post-retirement survivor benefits for ex-military spouse
A Hamilton County woman is entitled to a post-retirement survivor benefit offered by her ex-husband’s military retirement program, the Indiana Court of Appeals affirmed Tuesday.
Opinions May 18, 2020
Indiana Court of Appeals
A.S. v. Indiana University Health Bloomington Hospital
19A-MH-3044
Mental health. Affirms A.S.’s 90-day commitment to Indiana University Health Bloomington Hospital. Finds the Monroe Circuit Court did not admit into evidence the hearsay about which A.S. complains. Finds testimony from a doctor provided clear and convincing evidence that A.S. was gravely disabled and that forced administration of antipsychotic medication was warranted.
Reversal: No excusable neglect by insurer in car crash suit
The Indiana Court of Appeals has reversed in a car crash case after finding a party in the suit should not have been granted a motion to set aside based on excusable neglect.
Reversal: US citizenship not required to obtain a name change
Citizenship in the United States is not required in order to obtain a name change, the Indiana Court of Appeals ruled Monday, reversing a trial court and ruling for two transgender men.
Involuntary commitment affirmed for woman walking in middle of highway
The Indiana Court of Appeals affirmed a Monroe County woman’s temporary mental health commitment at a Bloomington hospital after finding her schizophrenia made her dangerous to herself and gravely disabled.
Father’s molesting convictions once again affirmed in long-running appeal
An Indiana man who has been appealing for 10 years his convictions of molesting his daughter won no relief at the 7th Circuit Court of Appeals, which ruled Thursday that errors in his trial “did not produce a significant likelihood an innocent person was convicted.”
COA reinstates patient’s claims against hospital in HIPAA-related suit
A divided Indiana Court of Appeals has reinstated a patient’s claim that a hospital is vicariously liable for the actions of a medical assistant who accessed her medical records and then shared details with her husband after she noticed that the patient had “liked” a photo of her husband on Facebook.
Rochester woman appeals conviction in fatal school bus crash
An appeal filed by a Rochester woman convicted in a crash that killed three children who were crossing a highway to board a school bus contends the state did not present sufficient evidence that she was criminally reckless.
Opinions May 14, 2020
Indiana Court of Appeals
Frances L. Batchelder, Special Administrator of the Estate of John E. Batchelder, M.D., Deceased v. Indiana University Health Care Associates, INC, d/b/a IUHP
19A-CT-2569
Civil tort. Reverses the Marion Superior Court’s award of summary judgment in favor of Indiana University Health Care Associates, Inc., in the medical malpractice action brought by Frances Batchelder, special administrator of the estate of John E. Batchelder, M.D. Finds that by prematurely applying the $1.25 million setoff from a settlement with a third party to the statutory limit and offsetting the IUHP judgment to zero, without first determining the value of the estate’s case, the trial court denied the estate the potential full recovery to which the estate is legally entitled. Remands for proceedings.
Reversal: Paraplegic doctor’s estate denied full recovery in wrongful death suit
The estate of a deceased doctor was denied the full potential recovery it was entitled to after a hospital was awarded summary judgment in his wrongful death case, the Indiana Court of Appeals ruled Thursday.
Investigators’ interview tactics merit suppression, COA affirms
A prosecutor and detective who questioned a woman who was later charged in a child molesting investigation may not use any of her statements after she said wanted to be taken home, the Indiana Court of Appeals ruled Thursday, rejecting an appeal by the state.
Opinions May 13, 2020
Indiana Court of Appeals
Tiffany Abbott, Cathie Barnes, and Chandra Gray v. Individual Support Home Health Agency, Inc.
19A-PL-2367
Civil plenary. Reverses the Henry Circuit Court’s order denying the motion to dismiss the complaint filed by Tiffany Abbot, Cathie Barnes and Chandra Gray’s former employer, Individual Support Home Health Agency, Inc. Finds the women’s reports to the Indiana State Department of Health are protected by absolute privilege because the reports initiated a quasi-judicial proceeding. Finds the trial court erred when it denied their motion to dismiss Home Health’s complaint. Remands the case to the trial court with instructions to dismiss Home Health’s complaint.