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.
Court opinions
Articles
Reversal: Sporting goods store not liable in angry woman’s shooting of boyfriend
A man who brought negligence claims against a sporting goods store that he alleged unlawfully sold a firearm to his girlfriend, who later shot him with it, cannot continue with his complaint after the Indiana Court of Appeals found the store was immune from liability.
Supreme Court: Summarily approved commitment orders not valid
The Indiana Supreme Court has expressly disapproved of a Marion County judge’s practice of summarily approving civil commitment orders individually reviewed by the presiding commissioner, though the justices also noted that the fact that the defendants' commitment orders have expired makes their appeals moot.
Double jeopardy violation prompts reversal of man’s child molesting conviction
A man convicted for child molesting was granted relief from one of his convictions after an appellate panel agreed that his double jeopardy rights were violated when the state was permitted to amend a charge for which he had already been acquitted.
COA tosses convictions on new charges introduced at trial
A split Indiana Court of Appeals reversed four counts of a woman’s conviction, finding the trial court abused its discretion in allowing the state to amend the charging information without giving the defendant a “reasonable opportunity” to prepare and defend against the new counts.
Biological dad’s paternity petition dismissed
The Indiana Court of Appeals has rejected the petition of two biological parents to establish paternity for their child after the appellate court concluded the mother could not collaterally attack a previous paternity finding for another man who assumed he was the father.
Appellate court: Bar owed duty to patron injured in parking lot fight
A Lake County sports bar should have contemplated that rowdy behavior might take place outside the facility at closing time, the Indiana Court of Appeals ruled Tuesday, finding the bar failed to prove it had no duty to protect a patron who was seriously injured in such a fight.
COA upholds domestic battery convictions after ‘vicious’ beating
A southern Indiana man accused of brutally beating and confining his girlfriend has lost his appeal of his domestic battery-related convictions, with the Indiana Court of Appeals rejecting his evidentiary challenges.
Indiana Court decisions – April 11-24, 2019
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit: No due process violations against rejected billboard company
The 7th Circuit Court of Appeals has affirmed the denial of a digital billboard company’s motion for preliminary injunction against the City of Westfield, finding its due process rights were not violated when the city ordered construction on a billboard to stop.
Ex-Ball State professor gets reversal on three child porn convictions
A former Ball State math professor convicted of child pornography and exploitation charges last year will have three of his convictions reversed after the Indiana Court of Appeals found some of the images of nude children he possessed did not explicitly depict “sexual conduct.”
Reversal: Drunk driver’s BAC lower than listed in conviction
A man’s drunken driving convictions were reversed Friday after the Indiana Court of Appeals found insufficient evidence that his blood alcohol concentration met the requisite limit for the convictions.
7th Circuit rules DOC sex offender program violates Constitution
Finding the disclosures provide information that any law enforcement agent “would love to have,” the 7th Circuit Court of Appeals has ruled Indiana’s requirement that sex offender inmates give detailed accounts of their past actions violates the Constitution’s protections against self-incrimination.
COA upholds conviction for murder, attempted murder of unarmed men
A man convicted for murdering one man and nearly killing another was denied relief from his 85-year sentence when the Indiana Court of Appeals affirmed there was no error in the admission of a witness’s recorded statement or notated photo lineup.
Reversal reinstates wrongful arrest suit against conservation officer
Summary judgment for a conservation officer was reversed Thursday after the Indiana Court of Appeals found, among other things, that his actions in procuring the prosecution of a woman who killed his dog were not noncriminal.
Double jeopardy principles not violated in OWI enhancement
A man with a record for driving under the influence was denied in his appeal to correct his enhanced sentence as a result of his adjudication as a habitual vehicle substance offender. An appellate court affirmed no double jeopardy violation in relying on his prior convictions to support the adjudication.
Supreme Court backs businesses, curbs class arbitration
An ideologically divided U.S. Supreme Court gave businesses more power to channel disputes into individual arbitration proceedings, siding with a lighting retailer trying to prevent its employees from pressing group claims stemming from a phishing attack.
COA affirms civil suit rulings against ex-insurer convicted of theft
A formerly licensed insurer investigated and convicted of felony theft failed to convince an appellate panel that judgment was erroneously granted to the Indiana State Department of Insurance and a Putnam County prosecutor on the pleadings of his suit against them.
Appeals court rejects belated post-conviction appeal
A post-conviction petitioner who failed to timely file a notice of appeal has permanently extinguished his opportunity to appeal and cannot invoke Post-Conviction Rule 2(1) to file his belated notice of appeal, the Indiana Court of Appeals ruled Thursday.
Trump’s threat to go to court over impeachment defies ruling
President Donald Trump tweeted Wednesday he’ll go directly to the U.S. Supreme Court “if the partisan Dems” ever try to impeach him. But Trump’s strategy could run into a roadblock: the high court itself, which said in 1993 that the framers of the U.S. Constitution didn’t intend for the courts to have the power to review impeachment proceedings.