COA affirms for grandchildren in trust property distribution dispute
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.
Court opinions
Articles
Opinions Jan. 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
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
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
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
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
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
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
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 7th Circuit Court of Appeals ruled Tuesday.
Indiana Court Decisions – Dec. 18-31, 2019
Read Indiana appellate court decisions from the most recent reporting period.
COA reverses for insurance company, against quadriplegic man
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.
Opinions Dec. 31, 2019
Indiana Court of Appeals
Bayer Corporation, et al. v. Rene Leach, et al.
19A-CT-00625
Civil tort. Affirms the Marion Superior Court’s denial of Bayer Corporation’s motion for judgment on the pleadings against Rene Leach and 30 other women who allege they were injured by a medical device manufactured by Bayer. Finds the trial court did not err in declining to enter judgment on the pleadings.
Bayer’s appeal rejected in Essure birth control device lawsuit
A pharmaceutical giant sued by dozens of women who claim they were injured by the company’s permanent contraceptive device did not convince the Indiana Court of Appeals on Tuesday to grant its motion for judgment on the pleadings.
Opinions Dec. 30, 2019
7th Circuit Court of Appeals
Thomas Dennis Jr. v. Niagara Credit Solutions, Inc., et al.
19-1654
Appeal from the US District Court for the Southern District of Indiana, New Albany Division. Judge Richard L. Young.
Civil. Affirms judgment on the pleadings in favor of Niagara Credit Solutions defendants on Thomas Dennis Jr.’s complaint alleging violation of the Fair Debt Collection Practices Act. Finds the claims raised by Dennis meritless.
7th Circuit finds Indiana man’s debt collection claims ‘meritless’
A man who unsuccessfully sued a collection agency alleging the information provided in a letter violated the Fair Debt Collection Practices Act lost his appeal Monday, with a federal appeals panel finding his claims “meritless.”
Presumed dad’s paternity vacated, granted to true biological father
The Indiana Court of Appeals has vacated an order establishing paternity for man after genetic testing revealed he was not the biological father of a child he and the child’s mother claimed was his. Paternity was instead ordered for the child’s revealed biological father.
COA disqualifies school board member in residency challenge
A lawyer elected to Indianapolis’ Washington Township School Board is ineligible to serve, the Indiana Court of Appeals ruled in an unprecedented decision, removing the elected official because she does not live in the district she was elected to represent in 2018.
Opinions Dec. 27, 2019
Indiana Court of Appeals
Shane E. O’Keefe v. State of Indiana
19A-CR-1733
Criminal. Affirms Shane E. O’Keefe’s convictions of Level 4 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the pat-down search of O’Keefe’s person during a valid traffic stop was not a violation of the Fourth Amendment. Also finds the Vanderburgh Circuit Court did not abuse its discretion in admitting evidence obtained as a result of the search.
Civil forfeiture amendments don’t defeat prior forfeiture action, COA says
Legislative amendments to Indiana’s much-debated civil forfeiture scheme did not defeat a pre-existing forfeiture action in state court, the Indiana Court of Appeals ruled Friday, finding the amendments did not constitute an ex post facto law.
COA: No Fourth Amendment violation in traffic stop search
A man convicted on drug charges after an Evansville traffic stop has lost his appellate argument that evidence of the drugs was wrongly admitted because the evidence came from an unconstitutional search.