Indiana Court Decisions – Oct. 24–Nov. 6, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Stafford: Justices can’t kick Indiana’s civil forfeiture addiction
The term “excessive fine” is understandable. Unless you are a member of the Indiana Supreme Court. Then, in the context of civil asset forfeiture, the term becomes an enigma to be parsed in three dozen pages of ridiculous legal logic that even one of the five justices confessed he could not comprehend.
Opinions Nov. 12, 2019
Indiana Supreme Court
In the Matter of the Honorable Andrew Adams; In the Matter of the Honorable Bradley B. Jacobs; In the Matter of the Honorable Sabrina R. Bell
19S-JD-386, 19S-JD-566, 19S-JD-567
Judicial discipline. Suspends Clark Circuit 1 Judge Andrew Adams, who is already under an interim suspension, for 60 days without pay, effective immediately, to be reinstated at 12:01 a.m. Jan. 13, 2020. Suspends Clark Circuit 2 Judge Bradley Jacobs and Crawford Circuit Judge Sabrina Bell for 30 days without pay, effective 12:01 a.m. Nov. 22, to be reinstated at 12:01 a.m. Dec. 23. Finds the respondents, who were involved in a violent confrontation in Indianapolis on May 1 in which Adams and Jacobs were shot, violated Indiana Code of Judicial Conduct Rules 1.2 and 3.1(c). Also finds Adams violated Code of Judicial Conduct Rule 1.1.
Justices answer juvenile ineffective assistance of counsel question
Indiana Supreme Court justices have affirmed the placement of a teenage boy in the Indiana Department of Correction, finding he was not provided ineffective assistance of counsel.
Justices steer defective dump-truck suit back to trial court
A lawsuit alleging an Indianapolis manufacturer delivered dozens of defective dump trucks in 2005 has taken a U-turn back to the trial court after the Indiana Supreme Court found it could not grant summary judgment sought by the truck builder in litigation brought against it by the truck buyers.
Man suing for unpaid wages awarded thousands more in appeal
The Indiana Court of Appeals affirmed in part a judgment issued to a former medical device company employee, granting him an additional award for unpaid wages and remanding for the calculation of additional attorney fees it concluded he is entitled to.
Judges involved in Indianapolis shooting suspended without pay
The three judges involved in a night of drinking that ended in gunfire in downtown Indianapolis have each been suspended without pay from their southern Indiana benches. The Indiana Supreme Court order issued Tuesday marks the conclusion of the judicial discipline cases against the judges.
Condo complex loses 7th Circuit appeal in hail damage dispute
An Indianapolis condominium complex cannot seek more than $1 million in damages on a loan it took out to replace the shingles on its buildings, the 7th Circuit Court of Appeals ruled Friday.
Civil penalties imposed on Imperial Petroleum fraudster upheld
A man hired to artificially inflate an Indiana oil company’s stock has lost his appeal at the 7th Circuit Court of Appeals after the federal court concluded the extent of his cooperation and whistleblower activities was adequately assessed when he was issued more than $1.5 million in civil penalties.
Opinions Nov. 8, 2019
The following Indiana Tax Court opinion was posted after IL deadline Thursday.
McClain Museum, Inc. v. Madison County Assessor
18T-TA-1
Tax. Affirms the Indiana Board of Tax Review’s final determination that the Anderson McClain Museum’s property did not qualify for an educational purposes exemption, and reverses the board’s determination that the museum’s property did not qualify for a charitable purposes exemption. Finds the museum has made no showing that it conducts educational services, training or coursework related to military history, or that the state’s burden to provide military history education is relieved or would be increased if it were not for the museum. Also finds the museum’s ownership, occupation and use of its property convey a gift for the benefit of the general public that is charitable in nature. Finally, finds evidence contained in the administrative record supports the Tax Court’s finding that the museum’s property is eligible for a 75% exemption. Remands to the Indiana board to ensure the Madison County Assessor complies with the Tax Court’s instructions.
Justices reverse grant of transfer in teen murder case following oral arguments
Just hours after hearing oral arguments on the merits in a murder case from 2000, the Indiana Supreme Court reversed its decision to assume jurisdiction over the case.
Tax Court: Military museum not entitled to educational exemption
The Indiana Tax Court has affirmed an Indiana Board of Tax Review’s final determination that a Madison County nonprofit military museum does not qualify for an educational purposes exemption, though the court did find a charitable exemption is applicable.
Opinions Nov. 7, 2019
Indiana Court of Appeals
Toby Lewis Webster v. State of Indiana (mem. dec.)
19A-CR-683
Criminal. Affirms Toby Webster’s conviction of Level 3 felony armed robbery. Finds sufficient evidence to support Webster’s armed robbery conviction because the victim testified Webster used a knife to stab him and then stole his van. Finds the Marion Superior Court improperly merged the battery with a deadly weapon count and the armed robbery count in violation of Indiana’s prohibition against double jeopardy. Reverses Webster’s conviction of Level 5 felony battery by means of a deadly weapon. Remands for the trial court to vacate the improperly merged battery conviction.
After SCOTUS ruling, 7th Circuit denies compulsory fees refund to non-union member
Despite a Supreme Court ruling making mandatory union fees for non-member public employees illegal, the 7th Circuit Court of Appeals has declined to award a fee refund to the named plaintiff in a landmark labor law case.
Reversal: COA reinstates negligence action against school district
The Indiana Court of Appeals has reinstated a man’s negligence claim against a school corporation after one of its school buses collided with the man’s vehicle, leaving him injured.
Opinions Nov. 4, 2019
Indiana Court of Appeals
Johnathan Olson and Austin J. Mahoney v. State of Indiana
19A-CR-773
Criminal. Affirms the Vigo Superior Court’s denial of Johnathan Olson and Austin Mahoney’s motion to dismiss the Level 2 felony robbery charges against them. Finds the trial court did not err when it denied Olson’s and Mahoney’s motions to dismiss the robbery charges. Also finds the state is not barred from prosecuting them for robbery.
COA affirms teens’ robbery charges
The Indiana Court of Appeals on Monday affirmed the denial of two teens’ motions to dismiss their felony robbery charges after they allegedly stole from a mini mart and battered an employee who tried to stop them.
Opinions Nov. 1, 2019
Indiana Court of Appeals
In the Matter of the Guardianship of: Irma Elisabeth Avila Luis, Ramiro Velasquez Avila
19A-GU-1276
Guardianship. Reverses a Jackson Circuit Court’s order which failed to make findings as to whether reunification between Irma Elisabeth Avila Luis and her parents is viable and refused to make findings regarding whether it is in Luis’ best interests to remain in the United States. Finds it is not in the best interest for Luis to return to Guatemala. Orders the trial court to include the Indiana Court of Appeals’ findings, verbatim, and to enter the order within one business day of the certification of the appeal.
Muncie woman gets 6 years for dousing guest with hot grease
A Muncie woman who pleaded guilty to dousing a house guest with a pan of hot grease has been sentenced to six years in prison. She told police she scalded her guest after accusing her of stealing deodorant.
‘Irritated’ judge again ordered to make immigration findings for teen girl
The Indiana Court of Appeals has ordered a southern Indiana judge for the second time to make required findings regarding the immigration status of a teen girl originally from Guatemala, this time spelling out those findings for the jurist who refused to do so.