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.
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.
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.
A father will have his parental rights restored after an Indiana Court of Appeals ruling that reiterated the Department of Child Services does not have the authority to set policy inconsistent with the law.
In a case of first impression, the Indiana Supreme Court found a trial rule trumped the CHINS statutory deadline after a mother was first granted a continuance, then moved to have the case dismissed because the court took longer than 120 days to complete the factfinding.
A lawyer who lied about her criminal history on a jury questionnaire in a murder case has divided an Indiana Court of Appeals panel, which ultimately vacated the murderer’s case for a retrial.
The Indiana Court of Appeals has reversed a man’s consecutive sentences for his conspiracy to commit dealing convictions after determining they were inappropriate.
Though the ruling may result in a drug crime going unpunished, the Indiana Supreme Court has reversed the denial of a motion to suppress evidence, finding a lack of probable cause to support the underlying search warrants.
A man convicted of murdering the person he believed was responsible for killing his sister failed to convince a panel of the Indiana Court of Appeals that his conviction was in any way flawed.
A South Bend ministry that provides transitional housing and job training for people re-entering society after incarceration won an appeal against a man who was awarded damages after claiming he was wrongly barred from the property and forced to come up with money to stay at a hotel.
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday.
United States of America v. Marvin Cates
19-1042
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Affirms the denial of Marvin Cates’ motion to withdraw his guilty plea to possession a firearm with a prior felony conviction on the basis of ineffective assistance of counsel. Finds the record contains insufficient evidence to support Cates’ ineffective-assistance claim on direct appeal.
A woman whose vehicle rear-ended a pickup truck in a Bloomington wreck is liable for the truck’s diminished value after it was repaired, the Indiana Court of Appeals ruled Wednesday in a reversal.
A man contesting the revocation of his probation did not convince the Indiana Court of Appeals that an Indiana statute violates the separation-of-powers provisions of the Indiana Constitution. The appellate court instead found, based on its own precedent, that the statute is not unconstitutional.
A man’s petition for expungement of his criminal record for his involvement as a lookout during a residential burglary almost 20 years ago has been reinstated after the Indiana Court of Appeals ruled Wednesday that a southeast Indiana trial court erred in dismissing it.
A federal inmate who chose to raise an ineffective-assistance claim on direct appeal has lost his bid to overturn his guilty plea, with the 7th Circuit Court of Appeals finding that his strategic decision to raise the issue on direct appeal led to a lack of sufficient evidence.
The owner of a Westfield warehouse is entitled to recover the costs of removing abandoned property in addition to unpaid rent after a tenant defaulted on lease payments, the Indiana Court of Appeals ruled Wednesday in a partial reversal. The cost of removal is twice the unpaid rent, according to the ruling.
Read Indiana appellate court decisions from the most recent reporting period.
The Indiana Court of Appeals has vacated an order requiring an Edinburgh antique store to leave its place of business, finding an agreement between the store and the real estate’s owner was a land sale contract and not a lease subject to an eviction proceeding.
The Indiana Supreme Court will hear oral argument this week in a criminal expungement case that has previously divided the Indiana Court of Appeals about when the trigger date for five-year expungement waiting periods should begin.
A man who filed a medical malpractice claim against a doctor and hospital following his surgery for a herniated disc could not convince the Indiana Court of Appeals that he should be permitted to amend his complaint and add a federal claim.