Appellate court affirms TPR case involving drug abuse
A mother struggling with drug abuse did not convince the Indiana Court of Appeals on Tuesday that her parental rights for her two sons should not be terminated.
Court opinions
Articles
Reversal: Homeowner cannot withhold HOA fees in protest
An Indianapolis resident who refused to pay his homeowner association fees due to the deteriorating conditions of the neighborhood couldn’t convince the Indiana Court of Appeals that he shouldn’t have to pay.
Opinions Sept. 23, 2019
The following opinions were posted after IL deadline Friday.
7th Circuit Court of Appeals
Donald Wayne Bush v. USA
16-3244
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Vacates the Southern District Court’s decision due to its basis on an “erroneous jurisdictional view.” Finds that although the bankruptcy judge was right to hold that he had authority to resolve the tax dispute between Donald and Kimberly Bush and the United States while the Bushes’ bankruptcy was ongoing, the exercise of that authority was no longer appropriate. Remands with instructions to remand to the bankruptcy judge for the entry of an order under §1334(c)(1), marking the final step in the Bushes’ bankruptcy proceedings.
Proper forum for dispute is tax court, not bankruptcy
A federal appellate panel has answered questions as to whether a bankruptcy court can determine the amount of a debtor’s tax obligations when the debtor is unlikely to pay them. Although a U.S. Bankruptcy Court for the Southern District of Indiana answered yes to that question, a district judge disagreed.
COA dismisses ex-bank employee’s appeal in noncompete case
The Indiana Court of Appeals has dismissed a man’s appeal of a preliminary injunction against him in a noncompete dispute with the bank that formerly employed him.
Justices order new drunken driving trial after possible juror bias
A woman convicted on a drunken driving charge will get a new trial after the Indiana Supreme Court unanimously threw out her conviction on Friday. The justices remanded the Marion County case because the trial court did not hold a hearing to determine whether the defendant could have challenged a selected juror who later admitted that a family member had been killed by a drunken driver.
Opinions Sept. 20, 2019
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.
COA remands for clarification of father’s domestic violence, psych evaluation orders
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.
Opinions Sept. 19, 2019
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.
Federal court blocks Indiana law banning smokable hemp
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.
Opinions Sept. 18, 2019
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.
Ruling for Madison County upheld in inmate housing lease dispute
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.
COA affirms child molesting conviction in ‘drumbeat repetition’ appeal
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.
Maxim party host that sued IMS, then lost $75K in countersuit, loses appeal
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.
Facebook case dissent challenges harassment statute
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.
Indiana Court Decisions – Aug. 28-Sept. 11, 2019
Read Indiana appellate court decisions from the most recent reporting period.
After judge’s plea, JQC investigating shooting
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.
COA rules for tenant in landlord’s breach of contract case
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.
Justices: Amended statute retroactively applies in eminent domain action
Indiana Supreme Court justices have determined that an amended statute dealing with ownership transfer in instances of eminent domain may be applied retroactively.
COA affirms ruling for insurer in UIM recovery case
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.