Indiana Court Decisions — April 25-May 8, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Tax Court limits boat maker’s witness, expands discovery
The Indiana Tax Court has partially denied the Indiana State Department of Revenue’s motion to exclude a tax service provider’s report in the Department’s litigation against a southern Indiana boat maker.
COA reverses judgment in siblings’ estate dispute
A disagreement between two siblings has been squashed now that an appellate court has sided with a woman who was granted last-minute possession of her mother’s estate just days before her death, canceling a former transfer on death deed shared with her brother.
Fired whistleblower’s case against IDEM reinstated, remanded
A long-running dispute between the Indiana Department of Environmental Management and a terminated employee has been partially revived after a panel of appellate judges agreed the former worker could have been held personally liable for misuse of state funds.
Father convicted of murdering children’s mother denied TPR appeal
An imprisoned father who murdered the mother of his children and burned down her home lost his appeal of the termination of his parental rights after an appellate court concluded that the children were better off out of his care.
Father convicted of murdering children’s mother denied TPR appeal
An imprisoned father who murdered the mother of his children and burned down her home lost his appeal of the termination of his parental rights after an appellate court concluded that the children were better off out of his care.
7th Circuit reversal: Indiana may intervene in ACLU immigration case
The 7th Circuit Court of Appeals has reversed and remanded a district court’s denial of Indiana’s motion to intervene in a federal immigration case that prohibited the Marion County Sheriff’s Department from cooperating with U.S. Immigration and Customs Enforcement detention requests, finding the district court did not have jurisdiction to strike the motion.
7th Circuit upholds conviction in minor’s prostitution case
A man failed to persuade a 7th Circuit Court of Appeals panel that he should be granted a continuance and be acquitted from his conviction of transporting a 15-year-old girl for prostitution across state lines. The panel concluded the case was unnecessarily prolonged and would exact an emotional toll on the victim if further extended.
COA tosses shooter’s intimidation conviction as double jeopardy
A man’s attempted murder conviction for shooting at a sheriff’s lieutenant while drunk was upheld by the Indiana Court of Appeals, which also vacated his felony intimidation conviction as double jeopardy.
Driving while suspended conviction reversed; gun evidence upheld
Evidence of a gun found inside a truck during a traffic stop was not suppressed despite a man’s appeal, but his conviction for driving while suspended was vacated by an appellate court after both parties agreed there was insufficient evidence to support it.
Court fight continues over logging along Lake Monroe
Some property owners along southern Indiana’s Lake Monroe are making a new attempt to stop a neighbor from logging his land.
COA reverses med-mal ruling in favor of doctor, hospital
The Indiana Court of Appeals has reversed and remanded a judgement in favor of an East Chicago hospital and doctor after finding the Medical Malpractice Act did not govern a claim alleging the doctor negligently shared a patient’s health information.
Indiana’s abortion ultrasound petition listed at U.S. Supreme Court
While the U.S. Supreme Court is still considering Indiana’s petition for a review of two abortion laws blocked by the lower courts, another abortion petition from the Hoosier state has been listed for the justices’ May 9 conference. Indiana filed a writ of certiorari Feb. 4, asking the Supreme Court to uphold its law requiring an ultrasound be performed on women seeking an abortion at least 18 hours before the procedure.
Man’s failure to wear hardhat didn’t cause tree cutting injury, 7th Circuit rules
A man who was nearly killed in a tree cutting accident successfully appealed his negligence claims to the 7th Circuit Court of Appeals, which found error with the admission of evidence that he was not wearing certain safety equipment at the time of the incident.
Dismissal of lawyer’s defamation suit against magistrate affirmed
A Lafayette attorney alleging a Tippecanoe County magistrate defamed him by reporting he was carrying a firearm in court in violation of state law lost his appeal of the dismissal of his defamation case when the Indiana Court of Appeals concluded the magistrate was acting within her judicial capacity.
Domestic battery, confinement convictions upheld against abusive boyfriend
A man who severely beat his girlfriend and held her hostage for several hours has lost his appeal of his domestic battery and criminal confinement convictions.
Career offender’s motion for relief untimely, 7th Circuit rules
A prisoner’s motion for relief following a U.S. Supreme Court ruling that invalidated certain language in the Armed Career Criminal Act was denied Thursday after the 7th Circuit Court of Appeals not only found his motion was untimely, but also unlikely to survive on the merits.
Trump, GOP states ask appeals court to kill ‘Obamacare’
Taking a harder line on health care, the Trump administration on Wednesday joined a coalition of Republican-led states, including Indiana, in asking a federal appeals court to entirely overturn former President Barack Obama’s signature health care law — a decision that could leave millions uninsured.
7th Circuit reversal: Damages claims brought by exonerated man may proceed
An exonerated man whose murder conviction was vacated nearly a decade ago can continue seeking damages against the investigators in his case, the 7th Circuit Court of Appeals has ruled, reversing a lower court’s decision that the claims couldn’t stand.
Justices grant transfer in one case, deny 23 others
Indiana Supreme Court justices rejected nearly all the cases brought before the high court last week on petition to transfer, granting one case and dividing on two others.