Court opinions - The Indiana Lawyer

Opinions Jan. 16, 2020

January 16, 2020

7^th Circuit Court of Appeals
Judy Prater v. Andrew Saul
19-2263
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee.
Civil. Affirms the denial of Judy Prater’s request for Social Security disability insurance benefits based on a variety of her mental and physical impairments. Finds that the sit/stand limitation in Prater’s residual functional capacity assessment specifies that Prater may change positions as needed so long as she remains in position for at least 30 minutes at a time. Finds the RFC formulation as not vague and that the decision is supported by substantial evidence.

Man’s conviction in Indianapolis CVS theft upheld

January 16, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a man’s theft conviction, finding testimony about what a law enforcement officer saw on a CVS pharmacy’s security footage did not violate the best evidence rule.

7th Circuit affirms denial of disability for obese woman

January 16, 2020 | Katie Stancombe

A woman seeking disability insurance benefits was again denied her request when a unanimous 7^th Circuit Court of Appeals concluded that a sit/stand limitation in her residual functioning capacity assessment was not vague.

Kroger loses summary judgment appeal in slip-and-fall case

January 15, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the denial of a Kroger store’s request for summary judgment against a woman who sued it for negligence after she injured herself in a slip-and-fall accident.

Judge advocates for competency evaluations upon arrest in post-conviction appeal

January 15, 2020 | Dave Stafford

An appellate judge concurring with a one-paragraph opinion in a post-conviction case proposed reordering the way Indiana treats those who are arrested. But Judge Paul Mathias joined with judges Margret Robb and Rudolph Pyle III to affirm the denial of post-conviction relief in Charles E. Barber v. State of Indiana, 19A-PC-1234.

$156K in damages against business, lawyer in bad-faith litigation upheld

January 14, 2020 | Dave Stafford

A lawyer and his clients who collectively were ordered to pay more than $156,000 in damages and attorney fees after defaulting in a Hamilton County business breach of contract and defamation suit won no relief Tuesday from the Indiana Court of Appeals.

Bogus $50 bill’s pot purchase can’t snuff out counterfeiting conviction

January 14, 2020 | Dave Stafford

A St. Joseph County man failed to persuade the Indiana Court of Appeals to toss his counterfeiting conviction on his argument that his alleged pot dealer lied to police about how he had received a phony $50 bill.

Opinions Jan. 13, 2020

January 13, 2020

7th Circuit Court of Appeals
Shanika Day v. Franklin Wooten
19-1930
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil tort. Reverses the denial of qualified immunity to Indianapolis Metropolitan Police Officer Randall Denny and Indianapolis Metropolitan Police Sgt. Franklin Wooten. Finds the officers’ conduct in placing Terrell Day in handcuffs did not violate the teenager’s Fourth Amendment rights even though he complained of not being able to breathe and eventually died in custody. The autopsy report concluded Day’s death was caused in part by having his hands cuffed behind his back, but the appellate panel ruled there is no precedent giving an arrestee the right to not have his hands cuffed behind his back after he complains of difficulty breathing. Remanded for further proceedings.

Reversal: Indianapolis police immune in teen’s death linked to handcuffing

January 13, 2020 | Marilyn Odendahl

Despite multiple 7^th Circuit decisions finding police at fault for injuring individuals by excessive handcuffing, a panel from the Chicago court has granted qualified immunity to two Indianapolis police officers in the death of a teenager because none of the previous cases specifically give arrestees the right to not be handcuffed after complaining about difficulty breathing.

COA affirms for grandchildren in trust property distribution dispute

January 13, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed for more than a dozen grandchildren in their fight to secure heirship in the distribution of trust property.

Opinions Jan. 10, 2020

January 10, 2020

Indiana Supreme Court
In the Matter of the Adoption of C.A.H., A.C.S. (Father) v. R.S.E. and R.K.E. (Grandparents)
20S-AD-5
Adoption. Reverses the Morgan Superior Court’s finding that father’s consent was irrevocably implied in the adoption matter. Remands for a hearing on the merits of his motion to contest the adoption of his child. Finds a parent’s implied consent to the adoption of a child may not be based solely on the parent’s failure to appear at a single hearing.

Supreme Court reverses in dispute over implied adoption consent

January 10, 2020 | Katie Stancombe

A unanimous Indiana Supreme Court has reversed an adoption, holding that a parent’s implied consent to the adoption may not be based solely on their failure to appear at a single hearing. In doing so, justices unanimously agreed with the dissenting judge in a divided Indiana Court of Appeals ruling.

Dismissal reversed in teen child-molesting case

January 10, 2020 | Katie Stancombe

A young adult accused of child molesting when he was a teenager has had his granted motion to dismiss a delinquency petition against him reversed. The Indiana Court of Appeals found the juvenile court had subject matter jurisdiction in the case.

Opinions Jan. 9, 2019

January 9, 2020

Indiana Court of Appeals
MGPI of Indiana, LLC v. South Dearborn Regional Sewer District
19A-PL-393
Civil plenary. Affirms the Dearborn Circuit Court’s order upholding the District Authority of Dearborn County’s ruling that upheld the adoption of a rate-setting ordinance by the South Dearborn Regional Sewer District. Finds there was a rational basis for the District Authority to uphold the ordinance and for the trial court to affirm its ruling against the challenge brought by MGPI of Indiana.

PACER user group ready to begin work in February

January 9, 2020 | IL Staff

Twelve individuals with backgrounds in the law, media, government and academia have been selected for the new PACER User Group, which will offer input and advice for improving the federal courts’ electronic docket system as well as other electronic public access services provided by the judicial branch.

62-year sentence affirmed for Evansville teen in murder case

January 9, 2020 | Katie Stancombe

A 62-year sentence has been affirmed for a teenager convicted of murdering a man outside of an Evansville gas station and food market, the Indiana Court of Appeals ruled Thursday.

Lawrenceburg distillery loses sewer rate ordinance appeal

January 9, 2020 | Katie Stancombe

A Lawrenceburg distillery couldn’t persuade the Indiana Court of Appeals on Thursday to reverse a ruling upholding a regional sewer district’s adoption of an ordinance that excluded it from being considered a direct customer.

Ex-Chicago cop wins resentencing appeal

January 8, 2020 | Katie Stancombe

An ex-Chicago cop serving time for drug-related convictions linked to his connection with the Latin Kings street gang will have an opportunity to have his request for a reduced sentence considered, the 7^th Circuit Court of Appeals ruled Tuesday.

Indiana Court Decisions – Dec. 18-31, 2019

January 8, 2020

Read Indiana appellate court decisions from the most recent reporting period.

COA reverses for insurance company, against quadriplegic man

January 2, 2020 | Katie Stancombe

An Indiana Court of Appeals panel has reversed the grant of a quadriplegic man’s motion to dismiss a declaratory judgment action after it found he was not entitled to bodily injury liability coverage under his insurance policy.

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