Indiana Court of Appeals
Jimmy E. Crase v. State of Indiana (mem. dec.)
18A-CR-2423
Criminal. Affirms Jimmy E. Crase’s conviction of two counts of Class B felony child molestation. Finds there is sufficient to support Crase’s classification as a credit restricted felon.
An employer who failed confirm its presence at a telephonic hearing it was scheduled to have with a recently terminated employee couldn’t convince the Indiana Court of Appeals that it was denied a reasonable opportunity for a fair hearing.
A man’s conviction in a domestic battery case after both defense and prosecution asked for a mistrial because a relative of the defendant communicated with a juror outside court will stand after the Indiana Supreme Court in a 3-2 decision chose not to hear the appeal. Chief Justice Loretta Rush and Justice Steven David published a dissent, believing the defendant had been prejudiced and was entitled to a new trial.
The denial of an Indianapolis property owner’s request to put a Dollar Tree in a vacant drugstore building was an abuse of discretion, the Indiana Court of Appeals affirmed in a Friday decision.
A wrongful death case will proceed to retrial after the Indiana Court of Appeals reversed the denial of a woman’s motion to strike a potential juror who expressed an unwillingness to decide the question of damages.
Indiana Court of Appeals
Bart M. Betteau v. Robert Headrick and Karen Headrick (mem. dec.)
18A-MI-2610
Miscellaneous. Affirms the Floyd Superior Court’s ruling that Robert and Karen Headrick are owners of an easement allowing use of a gravel driveway that runs across Bart Betteau’s property. Finds the Headricks have a right to use the gravel driveway along the path it followed at the time the Headricks and Betteau took title to their respective properties. Also finds the trial court did not err in assessing the Headricks and Betteau each half the maintenance cost for the portion of the gravel driveway that is utilized by both parties.
A man who stalked and kidnapped two women at gunpoint and led police on a vehicle chase couldn’t persuade the Indiana Court of Appeals to reduce his aggregate 75-year sentence.
Indiana Court of Appeals
James A. Ringley v. Caliber Home Loans, Inc. (mem. dec.)
19A-MF-782
Mortgage foreclosure. Affirms the Hamilton Superior Court’s order denying James Ringley’s motion to set aside the judgment entered in favor of Caliber Home Loans, Inc. Finds the trial court did not abuse its discretion when it denied Ringley’s motion to set aside the judgment in favor of Caliber.
The Indiana Supreme Court reviewed a dispute over a rent-to-own contract and determined the family who had been living in the home were renters, not buyers. The ruling in Rainbow Realty Group, Inc., et al. v. Katrina Carter and Quentin Lintner, might give families who enter rent-to-buy contracts some remedy to prevent their dreams of homeownership from becoming a nightmare.
Read Indiana appellate decisions from the most recent reporting period.
Two juveniles will remain wards of the Indiana Department of Correction after the Indiana Supreme Court found that while their participation in their modification hearings through Skype violated an administrative rule, it did not cause a fundamental error.
The Indiana Court of Appeals has affirmed the dismissal of a mother’s complaint against a deputy chief of police, which alleged he created a false affidavit for her arrest after she allegedly touched her child in an “abusive” manner.
Neighbors to an 8,000-head hog farm are asking the Indiana Supreme Court for relief, arguing Indiana’s Right to Farm Act does not give blanket immunity to all negligence and trespass claims. Martin Richard and Janet Himsel and Robert and Susan Lannon have filed a petition to transfer their complaint over a concentrated animal feeding operation near their farms in Hendricks County.
A man who claimed a semi-truck driver and the driver’s employer caused him personal injuries after an interstate collision will receive a new damages trial after the Indiana Court of Appeals found that an instruction given to the jury on the man’s failure to mitigate his damages was erroneous.
A man convicted of voyeurism won’t have to register as a sex offender, the Indiana Court of Appeals ruled, concluding the man was not convicted of a crime requiring that he do so.
Indiana Court of Appeals
Termination: A.B., et al. v. Indiana Department of Child Services
19A-JT-00487
Juvenile termination. Affirms the Steuben Circuit Court did not abuse its discretion in admitting drug test evidence from parents A.B. and J.R. Finds there is sufficient evidence to support the termination of the parent-child relationships with their children K.R., J.T.R., J.L.R., and E.R. Finds there is a reasonable probability that the conditions that resulted in the children’s removal will not be remedied.
An insurance company failed to persuade the Indiana Court of Appeals to set aside a $400,000 default judgment against its insured defendants based on the argument that it had an interest in limiting future liability related to the underlying truck crash liability lawsuit.
Parents who objected to the admission of drug tests in their termination of parental rights hearing were unable to convince the Indiana Court of Appeals that their children would not be affected by their drug use. The panel affirmed removal would be in the children’s best interests.
Indiana Court of Appeals
Kurt McElroy v. State of Indiana
18A-CR-2930
Criminal. Affirms the Marion Superior Court’s denial of Kurt McElroy’s motion to suppress the evidence of marijuana and a handgun found during a search of his home. Finds McElroy’s Fourth Amendment rights were not violated by the officers’ search of the common areas of the residence, specifically the kitchen, and the subsequent seizure of the handgun. Likewise, finds the officers did not violate his state constitutional rights.
Indiana Court of Appeals
Feather Trace Homeowners Association, Inc. v. Donald R. Luster
19A-SC-300
Small claims. Reverses the Marion Superior Small Claims Court’s judgment in favor of homeowner Donald Luster against the Feather Trace Homeowners Association. Finds no cases holding that abrogation of homeowner association dues and assessments is the appropriate remedy for an owner’s dissatisfaction with the way an HOA is performing or the conditions or quality of the neighborhood and its amenities. Remands with instructions to enter judgment in favor of the HOA and to calculate the amount owed by Luster.