Conviction upheld in robbery after iPhone exchange
The Indiana Court of Appeals affirmed an Elkhart student’s robbery conviction after concluding there was sufficient evidence to support that she stole money in the presence of the cash’s owner.
Court opinions
Articles
Restitution affirmed in Vigo school district kickback scheme
The 7th Circuit Court of Appeals has affirmed a restitution calculation in the case of a former Vigo County School Corporation employee who received a share of more than $110,000 in kickbacks after steering government contracts to a favored bidder.
7th Circuit vacates ruling in light of new uniform-rental law
The 7th Circuit Court of Appeals has vacated in part a Southern District Court’s decision, asking it to reconsider whether an amended Indiana wage-deduction law could be retroactively applied to claims made against a former employer for withholding employee wages to rent work uniforms.
Justices affirm denial of parolee’s sentence modification
A man seeking to modify his already served sentence failed to convince the Indiana Supreme Court to accept his argument, though the high court rejected his position for a different reason than the Indiana Court of Appeals.
Appeals panel upholds Muncie doctor’s convictions
The Indiana Court of Appeals has affirmed the forgery and prescription-related offenses for a Muncie doctor alleged to have overprescribed pain medication to patients by using his nurse practitioners’ names to sign the orders.
Judgment for INDOT upheld in fatal crash litigation
Even though the Indiana Department of Transportation declined to install a traffic signal at a Tippecanoe County intersection where a deadly crash later occurred, the Indiana Court of Appeals has upheld summary judgment for the department, finding it was immune from liability under the Indiana Tort Claims Act.
Justices: Trial court’s threats of contempt abuse of discretion
Indiana Supreme Court justices have reversed a post-conviction court’s ruling after agreeing it abused its discretion by using heavy-handed threats of contempt that prevented an attorney from making an offer of proof.
CHINS reversal: ‘State may not intrude’ where coercion unnecessary
A father who was ordered removed from the home he shared with his wife and four children despite a clean record and no prior reports of domestic violence won a ruling in his favor Wednesday. The Indiana Court of Appeals reversed a CHINS finding and concluded, “when coercion is not necessary, the State may not intrude into a family’s life.”
Car search after meth dealer’s arrest divides COA panel
A suspected Morgan County meth dealer who pulled his truck into his driveway as police were executing a search warrant on his property failed to overturn his conviction on appeal, but a dissenting judge found a police search of his vehicle after he was arrested failed to “honor the distinction between homes and motor vehicles for purposes of search and seizure.”
Losing on appeal, son must pay family’s appellate fees in trust dispute
A man who appealed judgments against him in a trust case involving a 40-acre Westfield property lost in virtually all respects and now is on the hook for the appellate legal fees of relatives who sued to block his actions.
Justices to hear arguments in reversed TPR, juror misconduct cases
The Indiana Supreme Court justices granted transfer to two cases last week while denying 39 others. Of the pair it selected for review, the justices will hear arguments in a reversed termination of parental rights case and in a case alleging juror bias.
Resisting conviction affirmed over challenged ‘force’ instruction
An Indianapolis man’s conviction of Class A misdemeanor resisting law enforcement will stand after an appellate court declined to reverse it over a challenged jury instruction that sought to illustrate what appellate courts have construed to constitute “force.”
COA: Prenup enforceable despite missing list of wife’s excluded property
The Hendricks Superior Court erred in throwing out a couple’s prenuptial agreement in their divorce case despite conflicting testimony over how much the wife owned before her husband filed to dissolve the marriage. The Indiana Court of Appeals on Monday remanded the case to enforce the prenup.
Cass County auditor loses appeal of contempt finding
A Cass County elected official who refused to pay out a payroll voucher has failed to convince the Indiana Court of Appeals to overturn the local trial court’s imposition of a contempt finding against her.
Appeals court upholds removal of Gary reserve officer
A Gary reserve officer suspended but later reinstated must now remain off the force after the Indiana Court of Appeals agreed that the Gary Police Department presented evidence of the reserve officer’s “repeated and blatant noncompliance” with orders.
Indiana Court Decisions — May 9–21, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana fetal disposition law upheld by U.S. Supreme Court
Indiana’s law mandating that fetal remains be either buried or cremated has been upheld by the Supreme Court of the United States in a per curiam opinion issued Tuesday that found the 7th Circuit Court of Appeals had “clearly erred” in overturning the law. However, in the same opinion, the Supreme Court let stand a ruling which blocked another Indiana law that would have prevented abortions based on the gender, race or genetic abnormality of the fetus.
Civil commitment laws shifting across states
While Indiana justices recently stressed the great public importance of proper adjudication of soaring mental health filings, states across the country are dealing with rising caseloads in no uniform way.
Judge rules for Hendricks County deputy in mentally ill man’s slaying
A federal judge has ruled in favor of several parties, including a Hendricks County sheriff’s deputy, after a mentally ill man was fatally shot during a welfare check.
Gary lawsuit against gun makers may proceed, COA rules
A unanimous appellate panel has revived the city of Gary’s lawsuit against 10 handgun manufacturers, enabling the municipality to survive the Indiana General Assembly’s attempt to derail the legal action by amending the state’s Immunity Statute in 2015.