Indiana Court decisions – Aug. 1-14, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Are noncompetes overly broad?
This year, a group of unions, employment law attorneys and other labor organizations petitioned the Federal Trade Commission to ban noncompete agreements. But while there are some instances where a restrictive covenant can be too restrictive, experts say there are also instances where noncompete clauses are legitimate.
Long partisan gerrymandering fight ends, but struggle continues
For a team of Indiana lawyers who successfully litigated a case contesting partisan gerrymandering in Michigan, a recent U.S. Supreme Court decision was a disappointment that likely will vacate the judgment in their favor. Legal observers say the issue now will be fought in statehouses across the country.
Opinions Aug. 20, 2019
Indiana Court of Appeals
Clifton E. Sharp v. State of Indiana, and Brianna Finney
19A-CR-467
Criminal. Affirms and reverses in part the Clark Circuit Court’s ruling that the Estate of Clifton Sharp had standing to make a claim for bond money posted for Sharp by Brianna Finney, but summary judgment should be entered in favor of Finney. Finds the trial court properly concluded the estate had standing, but improperly entered judgment beyond that issue because there are factual matters to be developed. Remands for proceedings.
Appellate court reverses TPR for speculative incarceration
A Vigo County father’s parental rights must be restored, the Indiana Court of Appeals has ruled, finding evidence that he might be incarcerated for several years insufficient to support a termination order.
Judgment reversed for woman who posted bond, then fatally shot defendant
A dispute over who should receive bond money paid on behalf of a now-deceased defendant will proceed in court after the Indiana Court of Appeals reversed summary judgment for the woman who posted the bond then fatally shot the man.
Court of Appeals affirms dismissal of ‘purely hypothetical’ med-mal question
The Indiana Court of Appeal found a widow’s argument that she should have access to the Indiana Patient’s Compensation Fund was not ripe for judicial review.
Rental repairs licensing requirement poses no burden to interstate commerce, 7th Circuit affirms
An Illinois man who owns rental property in Hammond failed to convince the 7th Circuit Court of Appeals that a city licensing ordinance requiring he obtain a license to make repairs to his properties was discriminatory.
SVF finding stands for man with California robbery conviction
A man who initially showed signs of wanting to be arrested has lost his argument on appeal that his out-of-state robbery conviction was substantially like the same crime in Indiana, thus qualifying him a serious violent felon.
Ford dealership’s undisclosed finance charge not an ‘additional charge,’ COA holds
The Indiana Court of Appeals has affirmed a finding that a Ford dealership failed to disclose a $25 convenience fee for its credit customers as a finance charge. It also reversed an Indiana Department of Financial Institutions’ finding that because the fee was not disclosed in the finance charge box, it must be an additional charge.
COA: Franciscan not liable for patient’s files posted on social media
A woman whose medical records were improperly accessed and posted on Facebook was unable to get a remedy when the Indiana Court of Appeal found Franciscan Alliance Inc. was neither liable nor negligent for the actions its employee.
JW Marriott tax appeal survives motion to dismiss
The third appeal of a 2010 tax assessment against the JW Marriott in downtown Indianapolis has survived a motion to dismiss brought by the Marion County assessor.
Teen murder wavier to adult court affirmed; police custody issue splits COA
A juvenile court’s rulings in a murder case implicating a 15-year-old boy who had gone to the police station to answer questions after he had been treated for stab wounds were upheld Monday by the Indiana Court of Appeals.
COA upholds murder conviction against new boyfriend
A man who shot his girlfriend’s ex-boyfriend in the head at close range failed to persuade the Indiana Court of Appeals to overturn his murder conviction.
Drug dealer’s appeal fails to show prosecutorial misconduct
A prosecutor’s suggestion to jurors during closing arguments that the volume of fentanyl in a habitual drug dealer’s possession had the potential to kill thousands of people did not constitute fundamental error. The Indiana Court of Appeals on Friday rejected that and other arguments of a man convicted and sentenced to 40 years in prison.
Tax Court has jurisdiction in riverboat casino case, judge affirms
Arguments about who has jurisdiction in an Indiana riverboat casino case ended Thursday with a ruling that the Indiana Tax Court has retained jurisdiction over the case.
COA affirms ruling against ex-wife in husband’s IRA case
A woman seeking to obtain the full balance of her late husband’s individual retirement account couldn’t convince an appellate court that she shouldn’t have been denied summary judgment against his estate.
Judgment for sign company in digital billboard fight reversed
A judgment in favor a sign company that converted a large billboard in Lawrence to a digital display was reversed on appeal Friday. The Indiana Court of Appeals remanded a lawsuit brought by the city of Indianapolis, setting the stage for a possible trial over whether the digital billboard may remain.
Opinions Aug. 15, 2019
Indiana Court of Appeals
John Laboa v. State of Indiana
18A-CR-00951
Criminal. Finds the Floyd Superior Court erred in the procedure it used to dispose of John Laboa’s petition for post-conviction relief. Finds the trial court’s judgment was not decided as provided by the post-conviction rules. Remands with instructions to either order the cause to be submitted by affidavit, allowing Laboa time to gather and submit affidavits he feels are relevant to his allegations, or hold an evidentiary hearing.
COA continues terms of justice center lease in Floyd County
Although the city of New Albany argued holdover tenants should not be given “another bite at the apple,” the Indiana Court of Appeals affirmed its original ruling that continued occupancy of the criminal justice center maintains the terms and conditions of the lease even after the agreement as expired.