A former co-owner of a Fort Wayne mechanical contracting business who violated noncompete agreements by consulting for a Fishers competitor after he was fired lost his appeal Thursday and was ordered to pay more of his former employer’s legal fees.
Indiana Court of Appeals
Joshua Anselm v. Ashley Anselm
19A-DC-2728
Domestic relation with children. Affirms the Jasper Superior Court’s award of primary physical custody of Joshua and Ashley Anselm’s children to Ashley. Reverses the order that Joshua pay for all uninsured medical expenses, and the award of $16,500 to Ashley. Finds the dissolution court entered sufficient findings and did not abuse its discretion when it awarded Ashley primary physical custody, and the court did not err when it relied on an unsigned child support worksheet to calculate Joshua’s child support obligation. But, finds the dissolution court did err when it ordered Joshua to both pay the recommended amount of child support and all uninsured health care expenses for the children. Finally, finds the dissolution court erred in awarding Ashley $16,500 based on its conclusion that the parties had $33,000 in equity in their home. Remands with instructions for the trial court to either order Ashley to pay for the first $951.60 in medical expenses or to credit Joshua with that amount toward his child support obligation, and to split the actual equity of about $10,600 between the parties.
A consulting company could not convince the Indiana Court of Appeals that it was entitled to judgment as a matter of law in an Indianapolis car dealership dispute that it lost.
A northern Indiana father failed to convince the Indiana Court of Appeals that child custody and support rulings in his divorce proceedings were erroneous, though the court did agree with his challenges to medical expenses and home equity findings.
Creditors cannot seize federal coronavirus relief payments from Indiana residents under a ruling from the Indiana Supreme Court that was applauded by groups that sought the proscription.
Indiana Court of Appeals
Joseph D. Reed v. State of Indiana (mem. dec.)
19A-CR-2187
Criminal. Affirms Joseph Reed’s 8½-year sentence for conviction in Wayne Superior Court of Level 5 felony battery resulting in bodily injury to a public safety official with a habitual offender enhancement. Finds his sentence is not inappropriate in light of the nature of his offense and his character.
Until Monday, Oregon was the only state that still allowed non-unanimous jury convictions. The U.S. Supreme Court ended that in a decision involving a murder conviction in Louisiana, a state which, until 2019, had also allowed non-unanimous jury convictions. But the ruling also applied to Oregon’s law.
A unanimous panel of the Indiana Court of Appeals threw out a man’s murder conviction Monday after finding that the Marion Superior Court abused its discretion in refusing to provide the jury an instruction on reckless homicide.
Indiana Court of Appeals
Kurtis L. Shorter v. State of Indiana
18A-CR-02957
Criminal. Affirms Kurtis Shorter’s aggregate 30-year sentence for conviction of Level 4 felony unlawful possession of a handgun by a serious violent felon, Class A misdemeanor possession of a synthetic drug, Class B misdemeanor possession of marijuana and his habitual offender adjudication. Finds the Elkhart Superior Court did not abuse its discretion in admitting the challenged evidence at trial. Finds the evidence is sufficient to sustain Shorter’s convictions and that the trial court did not err in denying Shorter’s motion to dismiss the habitual-offender enhancement.
The United States Supreme Court delivered a setback Monday to Montana homeowners who are seeking additional cleanup of arsenic left over from years of copper smelting.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday.
Davin Hackett v. City of South Bend
19-2574
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the Northern District Court’s grant of summary judgment for the City of South Bend against former police officer Davin Hackett. Finds that on appeal, Hackett relies on an entirely new hostile environment theory but that the argument was forfeited. Also finds Hackett fails to confront the grounds for the district court’s decision.
An East Chicago man could not convince the Indiana Court of Appeals on Friday that he shouldn’t be found guilty of murder for his involvement in a gang-related killing.
Indiana Court of Appeals
In the Matter of the Supervised Estate of Bogdan T. Mihuti: Layla Cristina Mihuti v. Ciobanu Law, P.C., et al. (mem. dec.)
19A-ES-1945
Estate. Affirms the Hendricks Superior Court did not abuse its discretion in allowing Ciobanu Law P.C. to recover its fees against Layla Mihuti or in declining to order Ovidiu Mihuti and Ciobanu Law responsible for all fees incurred from Ovidiu’s petition to determine heirship. Also finds the trial court did not err in declining to set aside the default judgment on liability for conversion concerning Ovidiu. Lastly, finds no abuse of discretion concerning the challenged aspects of the damages award.
A southern Indiana man whose counsel admitted to a jury that the defendant failed to appear in court on a felony charge, but didn’t do so intentionally, lost his appeal of the jury’s guilty verdict Wednesday.
How can a business or manufacturer legally protect external and aesthetic components from copycats and knockoff suppliers? Design patents.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana’s new fetal remains law, which provides for burial or cremation following an abortion, will likely not face a legal challenged in contrast to a similar provision in a 2016 state law that was ultimately upheld by the U.S. Supreme Court.
The Indiana Court of Appeals on Tuesday rejected a South Bend murderer’s claim that a letter he purportedly sent from the St. Joseph County Jail implicating another man in the shooting death was wrongly admitted at his trial because it was not properly authenticated.
Reversing a trial court that determined Miami County was responsible for fixing six crumbling dams in a lake community housing addition, the Indiana Court of Appeals found the county was responsible only for the roads that crossed the tops of the embankments.
Indiana Court of Appeals
Mike Dow and Midwest Logging and Veneer v. John Hurst and Linda Hurst
19A-PL-1709
Civil plenary. Affirms summary judgment and damages of $80,826 awarded to John and Linda Hurst in their complaint alleging trespass and conversion against Mike Dow, doing business as Midwest Logging and Veneer. The Morgan Superior Court did not err in concluding that Dow was liable for the actions of independent contractors, in its award of damages or in admitting alleged hearsay evidence.