Indiana Court decisions – Nov. 20-Dec. 4, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Opinions Dec. 10, 2019
Indiana Court of Appeals
Lake & Forest Club, Inc. v. Beulah Hamilton, et al. (mem. dec.)
19A-MI-1695
Miscellaneous. Affirms the dismissal of Lake & Forest Club, Inc.’s petition for judicial review of a decision of the Jackson County Board of Zoning Appeals. Finds the trial court did not err in dismissing the petition. Finds the club could not circumvent the requirement for timely filing the board record by filing an amended petition.
Appeals court affirms TPR despite trial court’s error
A trial court’s error in denying a mother’s motion to separate witnesses during her termination of parental rights hearing was harmless, and therefore reversal was not mandated, the Indiana Court of Appeals has ruled.
Tax Court upholds Elkhart CVS store assessment
A CVS pharmacy store in Elkhart could not persuade the Indiana Tax Court to rule in its favor in an appeal of the Indiana Board of Tax Review’s final determination of its property value.
Opinions Dec. 9, 2019
Indiana Court of Appeals
Scott Shields v. Town of Perrysville
19A-MI-00979
Miscellaneous. Affirms the Vermillion Circuit Court’s judgment in favor of the Town of Perrysville on its quiet title action against Scott Shields. Finds the trial court did not clearly err in rejecting Shield’s claim of abandonment. Declines to reweigh evidence and reassess witness credibility regarding an expert survey.
COA affirms for snow removal service in slip-and-fall case
The Indiana Court of Appeals has affirmed a snow removal company sued by a woman in a slip-and-fall case was not required to apply salt to an apartment complex’s premises absent a specific request that it do so.
COA reverses murder conviction in trailer fire over suspect’s statements
The Indiana Court of Appeals has reversed a man’s murder conviction stemming from a trailer fire. The appellate court concluded the man was incorrectly denied his motions to suppress incriminating statements made to police after he indicated he was done talking to them.
COA affirms quiet title judgment for property-line dispute
The Indiana Court of Appeals has affirmed a decision ordering a man to tear down a fence he installed outside of his property line that enabled him to block an alleyway with his vehicle.
Reversal: Dealing narcotics conviction not supported by sufficient evidence
The Indiana Court of Appeals has reversed a woman’s felony conviction for dealing narcotics, finding there was insufficient evidence to prove she committed the crime.
4th Amendment argument fails in fatal hit-and-run case
A man could not convince an appellate panel that his Fourth Amendment rights were violated when his vehicle was towed without a warrant in an investigation of a deadly hit-and-run.
Burglary conviction upheld in dispute over pet cats
A man who battered and blinded another man for sending his pet cats to an animal shelter lost his appeal of his felony burglary conviction Wednesday.
Dismissal upheld in Steak ‘n Shake parent shareholder dispute
The Indiana Court of Appeals has affirmed the grant of a motion to dismiss a lawsuit stemming from a shareholder dispute involving the parent company of Steak ‘n Shake.
Trespass conviction overturned for man banned from government building
A trespassing conviction has been vacated for a man who was banned from the Evansville government complex, with the Indiana Court of Appeals addressing first-impression issues of whether outright bans from public buildings are permissible.
Tax Court finds assessment properly included land
A tenant leasing 31,000 square feet for the operation of five restaurants on the ground level of a parking garage owned by the city of Indianapolis found the Indiana Tax Court had no appetite for the argument that the lease included only the building and not the land underneath.
Vanderburgh Co. man loses appeal of sexual misconduct convictions, sentence
A southern Indiana man sentenced to 15 years after being convicted of sexual misconduct with two teenage girls failed to find relief at the Indiana Court of Appeals.
Phone sex operator wins partial victory on appeal
A former phone sex operator who sued the government after she was allegedly fired from a National Guard volunteer position has won partial victory at the 7th Circuit Court of Appeals, which found that a book the woman wrote about her phone sex conversations was “clearly protected speech.”
Justices vacate preliminary injunction in nonsolicitation dispute
The Indiana Supreme Court has vacated a preliminary injunction prohibiting a medical sales representative from recruiting employees away from his former employer, finding a nonsolicitation agreement he had previously signed with the company cannot be reformed.
Jury awards million-dollar verdict in egg dispute
An Evansville-based egg buyer suffered a $1.46 million jury verdict in late November over a broken agreement to buy more than 100 million eggs, but a piece of the fight involving egg packing materials will continue Tuesday before the 7th Circuit Court of Appeals.
Child porn convictions, sentence upheld for father
A father convicted on multiple child porn charges has failed to find relief from his convictions or sentence at the 7th Circuit Court of Appeals.
Reversal: Judgment to be entered for law firm in malpractice case
Judgment will be entered for a northern Indiana law firm facing a legal malpractice claim after the Indiana Court of Appeals reversed the denial of the firm’s motion for judgment on the evidence.