COA dismisses 4-year-old suit against nursing home
A woman who sued a Noblesville nursing home over her mother’s care that she claimed was negligent failed to persuade the Indiana Court of Appeals to reinstate her civil lawsuit.
Court opinions
Articles
Indiana Court Decisions – Dec. 5-17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Appellate court: Minor not ‘Indian child’ under ICWA
A father who argued his daughter was an Indian child under federal law during a termination of parental rights battle lost his appeal of the termination Monday, when the Indiana Court of Appeals upheld a ruling finding that the child’s tribe was not registered with the United States government.
COA vacates contempt finding in domestic battery case
Double jeopardy concerns led the Indiana Court of Appeals to vacate a contempt finding against a man facing a domestic battery charge, though his related domestic battery sentence was upheld.
Involuntary commitment affirmed for ‘gravely disabled and dangerous’ man
The Indiana Court of Appeals has affirmed the involuntary temporary commitment for a man found to be gravely disabled and dangerous to himself and others, finding clear and convincing evidence supported the finding.
COA upholds GBMI ruling in deadly Monument Circle attack
A man found guilty but mentally ill of a Monument Circle attack that left one person dead has lost his appeal of his convictions and sentence, including his appeal of the finding that he could appreciate the wrongfulness of his conduct.
CHINS findings for siblings upheld
The parents of four children who were all adjudicated as children in need of services have lost their appeal of the CHINS determinations, with the Indiana Court of Appeals dismissing arguments claiming error on the part of the trial court and the Department of Child Services.
Opinions Dec. 19, 2019
Indiana Supreme Court
American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc., d/b/a HWC Engineering, Inc., Marlin A. Knowles, Jr., Jonathan A. Day, David Lancet, et al.
18S-PL-437
Civil plenary. Affirms the Marion Superior Court, finding it properly denied summary judgment on American Structurepoint, Inc.’s claims of tortious interference and that an issue of material fact remains as to whether Marlin Knowles, Jonathan Day and David Lancet tortiously interfered with their ASI contracts. Holds that the liquidated damages provisions are unenforceable penalties. Remands. Justice Geoffrey Slaughter concurs in part, dissents in part with separate opinion in which Justice Mark Massa joins.
COA: Dealing statute not unconstitutionally vague
A Huntington County man who called the local sheriff and said he “was strung out on meth and to come get him and take it all out of his house,” unsuccessfully argued before the Indiana Court of Appeals that the statute under which he was convicted was unconstitutionally vague.
Paroled killer who asked agent to help find meth pipes loses appeal
A paroled killer who admitted to smoking meth and then asked law enforcement to remove the pipes he smoked from his home so his girlfriend wouldn’t find them did not convince the Indiana Court of Appeals on Thursday that those statements were inadmissible.
COA reverses for father in TPR case, citing ‘no evidence at all’
The termination of a father’s parental rights has been reversed after a panel of the Indiana Court of Appeals found insufficient evidence proved he would threaten the wellbeing of his daughter.
Conviction reversed for would-be drug sale at casino
A man suspected of trying to sell look-alike substances at an Indiana casino has had his drug-related conviction reversed, with the Indiana Court of Appeals finding insufficient evidence to dispel a claim of a Fourth Amendment violation.
Justices split 3-2 on employment noncompete damages, remand case
A divided Indiana Supreme Court has affirmed the denial of summary judgment to an Indianapolis-based civil engineering firm, finding an issue of material fact remains as to whether the firm’s former employees tortiously interfered with their contracts not to recruit.
Reversal: Court wrongly denied divorce continuance after counsel withdrew
The Indiana Court of Appeals has reversed the denial of a man’s motion to continue his divorce proceedings after his attorney withdrew as counsel just one day before the case’s final hearing.
Opinions Dec. 18, 2019
7th Circuit Court of Appeals
Timothy Johnson v. Michael Rogers
19-1366
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Affirms the Southern District Court’s finding that police officer Michael Rogers is entitled to qualified immunity. Finds Rogers did not kick Timothy Johnson or otherwise harm him after he was on the ground and that Rogers used his legs to undermine Johnson’s balance and force him down. Also finds Johnson was not under control at the time of the incident and that Rogers’ act was an attempt to regain control.
7th Circuit: Officer who broke resisting arrestee’s leg entitled to qualified immunity
The 7th Circuit Court of Appeals affirmed an Indianapolis police officer is entitled to qualified immunity in a federal civil-rights lawsuit filed after he took down a handcuffed man, fracturing the suspect’s leg in the process.
COA tosses jury verdict in Kokomo land-taking case, slashes damages
A Howard Superior jury’s damages award of $305,600 plus legal fees was voided Wednesday by the Indiana Court of Appeals, which instead ordered the trial court to enter judgment of just $100,000 to owners of property in Kokomo that the city condemned.
Trial court ruling against city to enforce mediation deal reversed
A northern Indiana trial court erred in ordering the city of Plymouth to enforce a mediation settlement agreement to pay a contractor $130,000 because terms of the agreement had not been fulfilled, an appellate panel ruled Wednesday.
COA affirms addition of farmland contractual interests in marital estate
The Indiana Court of Appeals has affirmed the dissolution of a man’s marriage, finding the inclusion of his contractual interests in purchased farmland in the martial estate was not an abuse of discretion.
Landscaper’s home fraud conviction vacated
A man convicted of home-improvement fraud after being hired to landscape a yard had his conviction vacated Tuesday, when the Indiana Court of Appeals found his conduct did not fall under the home improvement fraud statute.