IPL wins reversal in worker’s electrocution lawsuit
Precedent gave Indianapolis Power and Light a reversal in lawsuit brought by a man who was electrocuted by the utility’s uninsulated power lines.
Court opinions
Articles
Supreme Court condemns DCS ‘piecemeal litigation’ in CHINS reversal
Criticizing the Department of Child Services for attempting to take a “second bite of the proverbial apple” by filing a successive CHINS petition, the Indiana Supreme Court has reversed a CHINS adjudication and instead dismissed the petition with prejudice.
Reversal finds for DCS in dad’s negligence suit after son’s death
A father who sued the Indiana Department of Child Services after his son died in the custody of his mother and her boyfriend was barred from continuing with his lawsuit Wednesday by the Indiana Court of Appeals. A panel of judges ruled for DCS, finding the father had not timely given the agency tort claim notice.
Reversal: Brownsburg teen wrongly convicted in drug-deal shooting
A student was wrongly convicted by a jury of shooting another teen during a drug deal gone bad, the Indiana Court of Appeals ruled on Wednesday. The panel reversed his convictions and decades-long sentence after finding insufficient evidence that he committed the crime.
Opinions May 5, 2020
Indiana Court of Appeals
Blake B. Hartman v. BigInch Fabricators & Construction Holding Company, Inc.
19A-PL-2263
Civil plenary. Reverses the Parke Circuit Court’s summary judgment in favor of BigInch Fabricators & Construction Holding Company. Finds that as a matter of law, the value of shares under the buyback provision in the Shareholder Agreement, which required the appraised market valuation, cannot be discounted for lack of marketability and control when BigInch is required to purchase the shares. Judge Elizabeth Tavitas concurs in part and dissents in part with separate opinion.
Appeals court orders man’s release from pretrial detention in child battery case
A man accused of battering a 2-year-old was ordered released from jail Tuesday by the Indiana Court of Appeals after it found no evidence that he posed a threat to either the victim or the community.
Reversal: COA rules for gas installer company’s founder in valuation dispute
An appellate panel reversed in favor of the founder of a natural gas installation company after it found the value of his shares under a buyback provision in a company agreement couldn’t be discounted for lack of marketability and control.
COA affirms denial of negligence instruction in horse-riding accident case
A woman who suffered a brain injury after a horse-riding accident did not convince the Indiana Court of Appeals that the trial court was wrong in ruling for the renter of a horse-training arena.
Opinions May 4, 2020
Indiana Court of Appeals
Jason Dean Hubbell v. State of Indiana (mem. dec.)
19A-PC-2058
Post conviction. Affirms the denial of Jason Hubbell’s petition for post conviction relief. Finds Hubbell has not met his burden of showing the evidence leads unerringly and unmistakably to a conclusion opposite that reached by the Bartholomew Circuit Court.
Listen in on history: SCOTUS streams audio of live arguments for first time
It’s a morning of firsts for the United States Supreme Court: the first time audio of the court’s arguments will be heard live by the world and the first arguments by telephone.
7th Circuit splits in loan modification dispute, rules in bank’s favor
A 7th Circuit Court of Appeals majority affirmed Thursday the dismissal of a homeowner’s complaint against a bank that he alleged failed to honor a loan-modification offer that could have kept him from foreclosure.
Reversal: Court must determine whether mother can pay $11K in delinquency costs
A juvenile delinquent and her mother successfully appealed an order requiring that they pay more than $11,000 for secure detention costs after an appellate panel found no inquires were ever made concerning the mother’s ability to pay.
Former state employees lose appeal in rehire dispute
Former employees of the Indiana Attorney General’s Office and the Indiana Department of Child Services who were listed as ineligible for rehire after being let go did not convince the Indiana Court of Appeals that their dismissed cases against the state deserved reversal.
Reversal: Child porn possessions constituted one episode of criminal conduct
The Indiana Court of Appeals has partially reversed a man’s sentence for child porn possession after finding insufficient evidence that he acquired the images during multiple episodes of criminal conduct.
Husband who wasn’t notified of dissolution decree wins COA reversal
A man who was never given notice of the final dissolution decree ending his marriage secured a reversal from the Indiana Court of Appeals on Wednesday.
Towed car lawsuit crashes into emergency exception
A driver who wheeled into an empty parking lot on a Saturday afternoon in Bloomington only to return an hour later and find his ride had been towed won the sympathy of the Indiana Court of Appeals, but his argument that his car was taken in violation of state statutes failed to gain any traction.
COA: Dispatch centers can withhold 911 calls under APRA exception
A local news station that successfully sought recorded 911 calls from an ongoing investigation into a deadly Carroll County house fire was handed a reversal Wednesday. The Indiana Court of Appeals ruled that the dispatch center was entitled to withhold the calls as investigatory records of law enforcement agencies.
Reversal: Trial court erred by transferring preferred venue in homebuilder’s dispute
A custom homebuilder has secured a reversal from the Indiana Court of Appeals in a preferred venue dispute after successfully arguing that the case was wrongly transferred to another county.
Asylee not entitled to state credit for time served under federal authority, COA rules
A would-be asylee convicted of a state sex crime was not entitled to credit for time he served in a county jail at the request of the federal government pending his state sentencing, the Indiana Court of Appeals has ruled.
Indiana Court Decisions – April 9-22, 2020
Read Indiana appellate court decisions from the most recent reporting period.