Court opinions - The Indiana Lawyer

Opinions Sept. 18, 2019

September 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

September 18, 2019 | Katie Stancombe

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

September 18, 2019 | Katie Stancombe

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

September 18, 2019 | Dave Stafford

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 100^th running of the Indy 500.

Facebook case dissent challenges harassment statute

September 18, 2019 | Katie Stancombe

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

September 18, 2019

Read Indiana appellate court decisions from the most recent reporting period.

After judge’s plea, JQC investigating shooting

September 18, 2019 | Olivia Covington

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

September 17, 2019 | Katie Stancombe

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

September 16, 2019 | Katie Stancombe

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

September 16, 2019 | Katie Stancombe

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.

Supreme Court grants partial victory for would-be buyers in Rainbow Realty dispute

September 13, 2019 | Katie Stancombe

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.

Opinions Sept. 12, 2019

September 12, 2019

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.

State cannot overcome calendar in appeal of suppression order

September 12, 2019 | Marilyn Odendahl

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.

Despite fact dispute, estate must sue psychiatric center under Med-Mal Act

September 12, 2019 | Olivia Covington

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.

Lack of endangerment reverses public intoxication conviction

September 12, 2019 | Katie Stancombe

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.

Rehearing is little relief for convicted Muncie pain clinic doctor

September 12, 2019 | Katie Stancombe

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.

Biased juror’s seating reverses post-conviction ruling on rehearing

September 12, 2019 | Dave Stafford

An Indiana Court of Appeals panel admitted it erred in a prior post-conviction ruling, finding after rehearing that a man was entitled to a new trial because a clearly biased juror was seated in his child molesting trial.

Opinions Sept. 11, 2019

September 11, 2019

The following 7th Circuit was posted after IL deadline Tuesday.
David Camm v. Stanley Faith
18-1440
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Civil. Affirms in part, reverses in part the Southern District Court’s entry of summary judgment on behalf of Robert Stites, Rodney Englert, Stanley Faith, and Sean Clemons in a damages suit brought by former state trooper David Camm. Finds Camm presented enough evidence to proceed to trial on the Fourth Amendment claim as it relates to the first probable-cause affidavit. Remands for trial accordingly. Also finds trial is warranted on the Brady claim against the same four defendants for suppression of Stites’ lack of qualifications and against Faith and Clemons for suppression of the facts surrounding their handling of the DNA profile on Charles Boney’s sweatshirt.

COA rules for buyers in Zionsville real estate dispute

September 11, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed that a settlement agreement between the buyers and sellers of Zionsville real estate was valid and enforceable, rejecting the seller’s arguments that a trial court erred by excluding emails between the parties’ attorneys.

Automatic annual sewer connection fee increases struck down

September 11, 2019 | Dave Stafford

Towns and cities in Indiana may not adopt a sewer connection fee structure that contains annual increases for new construction, the Indiana Court of Appeals ruled Wednesday in a development case closely watched by homebuilders and local governments.

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