Indiana Court of Appeals
T.R. v. E.R.
19A-DC-89
Domestic relations. Affirms the Marion Superior Court’s decree of dissolution of T.R. and E.R.’s marriage. Remands with instructions to clarify the order regarding the domestic violence program, psychological evaluation and mother’s income, and to recalculate child support if necessary.
A father’s erratic fit of rage at the hospital following the birth of his second child supported the Indiana Court of Appeals’ affirmation of a divorce order sought by his wife. However, that order was remanded to clarify the man’s participation in a domestic violence program and a psychological evaluation, as well as a child support recalculation.
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of D.B., L.B., H.B. & S.B. (Minor Children) and D.J.B. (Father), et al. v. Indiana Department of Child Services (mem. dec.)
19A-JT-542
Juvenile termination. Affirms the termination of D.J.B. and M.M.B.’s parental rights to their children, D.B., L.B., H.B., and S.B. Finds there is sufficient evidence to support the termination of parental rights order from Starke Circuit Court.
Indiana’s law criminalizing smokable hemp has been snuffed out, at least temporarily, by a federal court, which found the proponents of hemp made convincing arguments that the federal farm bill of 2018, expanding the definition of hemp and removing the plant from the federal schedule of controlled substances, pre-empted the state statute.
The following Indiana Tax Court opinion was posted after IL deadline Tuesday.
Rolls-Royce Corporation v. Marion County Assessor
19T-TA-23 and 19T-TA-24
Tax. Denies the Marion County Assessor’s second motion to dismiss Rolls-Royce’s appeal of the assessment of its real property for the 2012-2016 tax years. The assessor failed to prove that Rolls-Royce did not: state a claim upon which relief could be granted; comply with certain statutory prerequisites, or; exhaust its administrative remedies. Also declines Rolls-Royce’s request for attorney fees, finding the assessor’s second appeal was not duplicative.
The Indiana Court of Appeals has affirmed a ruling for Madison County in a lease dispute with a property manager that housed county inmates before the county backed out of the agreement years early.
A man convicted of child molesting failed to convince the Indiana Court of Appeals on Wednesday that testimony referring to the victim’s out-of-court statements should have been excluded at trial.
A federal appeals court upheld a jury’s award of $75,000 to Indianapolis Motor Speedway in a breach of contract lawsuit brought by an event-planning company that had sued IMS due to poor ticket sales at a party marking the 100th running of the Indy 500.
When an Indiana Court of Appeals judge recently veered away from his colleagues’ conclusion that a grieving mother’s statements in a social media post could be constitutionally restricted and prosecuted, he went even further, calling Indiana’s harassment statute unconstitutionally overbroad. Many First Amendment attorneys agree.
Read Indiana appellate court decisions from the most recent reporting period.
Though he’s past the legal ramifications of an early-morning shooting in May, Clark Circuit Judge Andrew Adams must still face a judicial discipline action investigating the matter. His plea and the highly publicized nature of the shooting led the Indiana Judicial Qualifications Commission to take the rare step of publicly confirming its investigation of the incident.
An apartment tenant facing eviction who alleged his landlord failed to take keep the space safe, clean and habitable won favor from an appellate panel Tuesday.
Indiana Supreme Court justices have determined that an amended statute dealing with ownership transfer in instances of eminent domain may be applied retroactively.
An estate that secured more than $100,000 in settlements following a deadly car crash couldn’t convince the Indiana Court of Appeals that summary judgment should not have been granted to the deceased’s parents’ insurer.
Would-be homebuyers secured a partial victory from the Indiana Supreme Court against Rainbow Realty Group after it concluded the parties’ rent-to-buy agreement was not a land-sale contract. However, relief awarded to the tenants under Indiana’s Deceptive Consumer Sales Act was reversed.
Indiana Court of Appeals
William Hedrick v. State of Indiana
18A-CR-01945
Criminal. Grants William Hedrick’s petition for rehearing to correct errors in the Indiana Court of Appeals’ original opinion. Reaffirms the original opinion in all other respects, holding the erroneous admission of the Drug Enforcement Administration agent’s deposition testimony was harmless.
Although the state was able to get a trial court to reconsider the suppression of cellphone evidence in a rape trial, it could not convince the Indiana Court of Appeals that its pursuit of an interlocutory appeal was timely.
Though there is a dispute about who initiated an altercation between a psychiatric patient and his care provider that led to the patient’s death, the factual dispute does not change an earlier Indiana Court of Appeals determination that a wrongful death claim brought by the patient’s estate is subject to the Medical Malpractice Act.
A man’s public intoxication conviction has been reversed after he successfully argued to the Indiana Court of Appeals that his life was not endangered by being drunk next to an Indianapolis street.
A Muncie pain clinic doctor convicted of forgery and prescription-related offenses had his petition for rehearing granted Thursday. However, the Indiana Court of Appeals held that while testimony admitted from a Drug Enforcement Administration agent was in error, it was harmless.