CHINS ruling upheld despite impermissible phone testimony
A child in need of services adjudication was upheld Thursday by the Indiana Court of Appeals after it found that the admission of testimony by phone from a doctor amounted to harmless error.
Court opinions
Articles
COA: K-9 sniff did not prolong traffic stop
A defendant was unable to convince the Indiana Court of Appeals that while the police were justified in pulling him over, they violated his constitutional rights by detaining him and conducting a dog sniff after the initial traffic stop had been completed.
Lake County property buyer wins appeal after township altered building
A Lake County court ruling for a township that removed light fixtures and historical artifacts from a building it sold after the property had already been purchased was reversed by the Indiana Court of Appeals on Thursday.
Ex-exec loses noncompete appeal, must pay company’s appellate fees
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.
Opinions April 22, 2020
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.
COA affirms judgment for Indy car dealership in sale dispute
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.
COA partially reverses for father in child expenses dispute
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.
Groups hail Indiana restrictions on stimulus check seizures
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.
Opinions April 21, 2020
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.
US Supreme Court bans nonunanimous jury verdicts in Oregon
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.
Appeals court tosses murder conviction due to lack of jury instruction
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.
Opinions April 20, 2020
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.
Justices rule against Montana homeowners near Superfund site
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.
Opinions April 17, 2020
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.
Man’s conviction upheld in gang-related murder
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.
Opinions April 16, 2020
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.
Jury’s failure to appear verdict affirmed after man claimed intent was unproven
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.
Rost and Etienne: Design patents offer protection against aftermarket copying
How can a business or manufacturer legally protect external and aesthetic components from copycats and knockoff suppliers? Design patents.
Indiana Court decisions – March 26-April 8, 2020
Read Indiana appellate court decisions from the most recent reporting period.
ACLU not planning suit to block fetal remains bill
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.