COA rejects developer’s private pond argument
An Evansville developer’s argument that the Indiana Department of Environmental Management does not have jurisdiction over private ponds did not hold water with the Indiana Court of Appeals.
Court opinions
Articles
David, Goff publish dissent after justices let stand parents’ reimbursement order
Two Indiana Supreme Court justices have once again published a dissent from a 3-2 transfer ruling, which this time let stand a monthly reimbursement order for the parents of an adjudicated teen despite their alleged struggle to meet the payment requirements. Justices Steven David and Christopher Goff argued the trial court should have conducted a specific inquiry into the parents’ ability to pay the ordered reimbursement.
COA affirms vengeful brother’s intent to commit battery
A man who tried to avenge his sister by beating up her boyfriend who allegedly threatened to hit her failed to convince appellate judges that the boyfriend did not suffer serious bodily injuries from the attack carried out during a burglary.
Indiana’s abortion cert petition relisted for 5th time
The petition asking the U.S. Supreme Court to uphold a law restricting abortions in Indiana has been distributed for a fifth conference with the justices. Now the petition has been scheduled for consideration Feb. 22.
COA upholds Vectren energy efficiency plan that allows nearly $55M in lost revenue recovery
An energy efficiency plan that allows Vectren to recover nearly $55 million in lost revenue was not erroneously approved by the Indiana Utility Regulatory Commission, the Indiana Court of Appeals ruled Tuesday.
Appellate court: Termination of father’s parental rights not erroneous
A Marion County father has lost his appeal of the termination of his parental rights after the Indiana Court of Appeals determined the termination was not clearly erroneous.
Headbutting ram’s owner must face premises liability claim, COA rules
A woman who was headbutted by a ram while tending to another woman's animals can continue to pursue her premises liability claim against the ram’s owner, the Indiana Court of Appeals has ruled.
Judge allows ‘extremely narrow’ failure to accommodate claim to proceed against IPS
A disability discrimination claim brought against Indianapolis Public Schools by a former bus attendant who says the school district failed to accommodate her medical conditions will continue on “extremely narrow” grounds, a federal judge has ruled.
Indiana Court Decisions — Jan. 31-Feb. 13, 2019
Read Indiana appellate decisions from the most recent reporting period.
Father’s assertion of Fifth Amendment rights splits COA
Even though the Indiana Court of Appeals had previously affirmed that the youngsters in this case were children in need of services, in part because of allegations of a father’s sexual abuse, it has reversed the termination of parental rights because the requirement that the father participate in a sex offender treatment program violated his Fifth Amendment right against self-incrimination.
COA rejects hearsay exception argument, upholds murder conviction
The Indiana Court of Appeals affirmed a man’s murder conviction and 65-year sentence after finding the defendant failed to show how out-of-court statements allegedly made by several individuals qualified as an exception to the hearsay rule.
DOC cannot make Muslim inmate pay for religious diet, divided 7th Circuit says
The Indiana Department of Correction must provide a Muslim inmate housed at the Indiana State Prison with a meat-based diet in accordance with his religious beliefs, a divided panel of the 7th Circuit Court of Appeals ruled Friday in a decision upholding a lower court.
7th Circuit: Damages proper in contract dispute between welding company, supplier
The 7th Circuit Court of Appeals has affirmed an award of damages to a welding company after finding language in an agreement with a welding supplies distributor did not entitle the latter to deferred payment.
Decatur lawyer convicted of forgery, counterfeiting suspended again
A Decatur lawyer sentenced to nearly nine months for forgery and counterfeiting convictions and disciplined five separate times last year has again been indefinitely suspended from the practice of law in Indiana for noncooperation. The Indiana Supreme Court indefinitely suspended Jill N. Holtzclaw on Thursday, effective immediately.
Justices consider admissibility of disciplinary history of medical expert
Indiana Supreme Court justices heard oral argument Thursday in a minor fender bender case that resulted in a $1.3 million verdict, considering whether questions regarding a medical expert witness’ disciplinary history and competence should have been admitted.
COA: Stolen gun’s owner shielded from suit in fatal shooting
The Indiana Court of Appeals denied a mother’s argument of negligence against a gun owner whose stolen handgun caused the death of her son. The appellate court found the gun owner was shielded from liability under Indiana Code section 34-30-20-1.
Collector of some 1,000 child-porn images keeps 10-year sentence
The Indiana Court of Appeals affirmed a man’s sentence and convictions for child exploitation and possession of child pornography when it found the heinousness of his crimes warranted the sentence.
Dad who beat son, 6, loses parental privilege defense appeal
An Allen County father who repeatedly struck his 6-year-old son in the face causing serious bruising after he accused the child of stealing his cigarettes had no viable claim of parental privilege shielding him from battery convictions.
Madison County man’s child molesting, solicitation convictions upheld
An Alexandria man who unsuccessfully moved for a mistrial and challenged evidence the state produced to convict him of child molesting failed to convince the Indiana Court of Appeals that the trial court had erred or that his 12-year executed sentence was inappropriate.
Split COA affirms suppression after faulty controlled drug buy
Police failure to search a party in a controlled drug buy in Muncie and a misleading affidavit to obtain a warrant were sufficient grounds to suppress evidence of cocaine subsequently found in a search of the home the buyer visited, the majority of an Indiana Court of Appeals panel found Wednesday.