Indiana Court decisions – Feb. 13-26, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Justices: Product Liability Act’s statute of repose can’t be extend for post-sale repair
Indiana Supreme Court justices Monday answered in the negative a question of whether the Indiana Products Liability Act’s statute of repose may apply to a judicially-created exception to the rule, finding it could not be extended by a manufacturer’s post-delivery repair, refurbishment or reconstruction of a disputed product.
Tax Court: Length of stay does not change character of hotel
A property owner could not convince the Indiana Tax Court that because its business offered rooms for extended stays, the property should be classified as residential and subjected to the lower 2% tax cap credit.
Muncie lawyer gets suspension, JLAP monitoring for having cocaine
A Delaware County lawyer found with drugs in his home will serve a four-month suspension, plus probationary monitoring under the Judges and Lawyers Assistance Program. The order culminates the sixth formal disciplinary action against the Muncie attorney.
Money judgment upheld after ‘de factor merger’ affirmed
A de facto merger existed between two companies operated under a “continuity of management,” the Indiana Court of Appeals ruled Monday, upholding a judgment against the successor entity.
COA orders new trial on repeat sexual, habitual criminal offender enhancements
The Indiana Court of Appeals has vacated a man’s habitual offender adjudications and remanded them for a new trial after finding he did not personally waive his right to a jury trial on the two enhancements.
Reversal: Trial court erred in awarding joint custody in tense parental dispute
A mother will have sole legal custody of her children after the Indiana Court of Appeals concluded a trial court erred in awarding joint legal custody between two warring parents.
Detective’s false testimony won’t lead to vacated conviction, COA rules
A man convicted of obstruction of justice following the murder of his stepmom did not convince the Indiana Court of Appeals that his conviction should be vacated based on a detective’s false testimony.
Square peg, roundabout hole: COA affirms suppression motion in roundabout dispute
Does a motorist violate current Indiana traffic law by not signaling a turn when exiting a roundabout? The answer is no, the Indiana Court of Appeals ruled Friday in affirming a suppression ruling.
Judgment affirmed for bank in mortgage foreclosure
The Indiana Court of Appeals has affirmed an award of summary judgment for a bank and trust company in a mortgage foreclosure case brought by a Noblesville couple, rejecting the couple’s evidentiary challenges.
COA splits over length of woman’s consecutive sentences for drug dealing
The Indiana Court of Appeals divided Thursday on a woman’s consecutive sentences for drug dealing convictions, with a dissenting judge contending her 24½-year term should be shorter.
Opinions Feb. 27, 2020
Indiana Court of Appeals
Kosciusko County Community Fair Inc. v. Mary Clemens, et al.
19A-PL-02306
Civil plenary. Affirms the Kosciusko Circuit Court’s order finding a restrictive covenant related to motorized racing is enforceable on property owned by Kosciusko County Community Fair, Inc. Finds the fair’s claims on appeal are meritless, and concludes an award of damages, including appellate attorney fees, is appropriate. Remands for a determination of damages pursuant to Ind. Appellate Rule 66(E).
Protective order reversed for insufficient evidence
A man seeking to be rid of a protective order brought against him by his ex-girlfriend convinced the Indiana Court of Appeals that insufficient evidence supported the order.
Homeowners win attorney fees in Kosciusko fairgrounds dispute
Homeowners who secured a victory over a neighboring fairground property in a motorized racing dispute will get damages and appellate attorney fees for frivolous litigation, the Indiana Court of Appeals has ruled.
Opinions Feb. 26, 2020
Indiana Court of Appeals
William A. Brock v. State of Indiana (mem. dec.)
19A-CR-1530
Criminal. Affirms William Brock’s conviction in Lawrence Superior Court of Level 5 felony failing to register as a sex or violent offender. Finds sufficient evidence to support the conviction.
Right to Farm case ends with denial from Indiana Supreme Court
In ultimately denying transfer, a divided Indiana Supreme Court ended a dispute that pitted neighbor against neighbor and raised questions about whether the state’s Right to Farm Act was meant to cover an 8,000-head hog operation in Hendricks County.
Man charged in judges’ shooting claims self-defense, says judges were aggressors
The man charged with shooting two southern Indiana judges outside an Indianapolis fast food restaurant last year claimed in a Tuesday court filing that he acted in self-defense. The notice of affirmative defense also alleges the judges were the aggressors as alleged gunman Brandon Kaiser and his nephew, Alfredo Vazquez, were stopping to eat at a downtown White Castle, where the shooting took place in the parking lot.
Opinions Feb. 25, 2020
Indiana Court of Appeals
Property MD’s Home Improvement, LLC v. Anthony Grayson and Horizon Bank, N.A. (mem. dec.)
19A-PL-1764
Civil plenary. Affirms the Porter Superior Court’s denial of Property MD’s Home Improvement’s motion to correct error. Finds Property MD’s cited no legal authority in its disjointed argument regarding damages. Finds its argument regarding interest and attorney fees wholly fails to establish that its lien was valid.
High court closes courthouse door on slain Mexican teen’s family
The Supreme Court of the United States ruled 5-4 Tuesday to close the courthouse door on the parents of a Mexican teenager who was shot dead over the border by an American agent. The case tested a half-century-old Supreme Court decision that allows people to sue federal officials for constitutional violations.
Opinions Feb. 24, 2020
Indiana Court of Appeals
Sue Williams, Linda Wood, and Claude-Wood, as the Co-Personal Representatives of the Estate of Rachel A. Wood, Deceased v. Indiana Department of Correction, Corizon, Inc., et al.
19A-CT-1832
Civil tort. Affirms in part the Marion Superior Court’s entry of summary judgment to Corizon, Inc. nurses Tina Icenogle and Mary Grimes in a suit brought by the estate of Rachel Wood, who died while an inmate at the Indiana Department of Correction. However, holds the designated evidence readily demonstrates genuine issues of material fact on the estate’s claims of deliberate indifference. Reverses the entry of summary judgment for the remaining Corizon medical employees, for Corizon and for the DOC, which failed to discover Wood’s facially inconsistent medical records, her nonexistent treatment plans, or Corizon’s “completely and totally inadequate” medical settings. Remands for proceedings.