Reversal: Trial court erred in rescinding settlement
The Indiana Court of Appeals reversed a trial court’s rescission of an order it gave enforcing a settlement agreement in a negligence suit. The appellate panel found the order contradicted itself.
Court opinions
Articles
Judgment awarded to Southport, police officials in legal feud with city councilwoman
The curtains have closed, at least for now, on a longstanding political battle between Southport law enforcement, a city council member and her ex-boyfriend now that a district court has awarded judgment in favor of the city, its police chief and a former detective on their motions for summary judgment on the council members remaining claims.
Appeals court allows class action against Mishawaka car dealer to continue
A Mishawaka car dealership failed to convince the Indiana Court of Appeals that it was wrongly denied its motion to dismiss a class action complaint from several angry customers after the panel found general allegations of uncured and incurable acts against the dealership were enough for dismissal.
Ex-husband’s due process rights not violated by invasion of privacy statute
A man who argued his constitutional right to have an intimate relationship with his ex-wife had been violated was denied an appeal of his invasion of privacy conviction when the Indiana Court of Appeals found the privacy statute did not directly interfere with his fundamental rights.
COA upholds TPR ruling after parents’ continued substance abuse
Parents arguing the termination of their parental rights was not in the best interest of their minor child lost their argument when the Indiana Court of Appeals found their ongoing substance abuse issues had not improved over time.
Justices grant transfer in 2 cases, deny legal malpractice case
The Indiana Supreme Court has agreed to consider two cases involving seized cash and an extended protective order while also denying transfer to a legal malpractice case resolved in favor of a Bloomington attorney.
Waived appellate rights enforceable despite unusual waiver language, 7th Circuit rules
A man who explicitly waived his right to appeal his decade-long sentence was denied his appeal of that sentence Monday when the 7th Circuit Court of Appeals determined the waiver of his appellate rights was valid despite the “unusual” language of his plea agreement.
Indiana Court Decisions — Feb. 14-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Split 7th Circuit slams Indiana attorneys in grant of habeas petition
The 7th Circuit Court of Appeals granted a man’s habeas corpus petition — and offered harsh comments for Indiana defense attorneys — after finding ineffective assistance of counsel for a man whose attorney blatantly disregarded an opportunity to object to amended charges filed late.
COA: Insurance policy terms mean suspended driver still covered
A man whose driver’s license was suspended after crashing into a home will still receive coverage now that the Indiana Court of Appeals determined his insurer’s policy did not specifically say he could be denied coverage under its entitlement exclusion.
Social Security retirement benefits must be considered in child support, COA rules
A mother filing for child support couldn’t convince the Indiana Court of Appeals that the obligated amount her child’s father owes should be in addition to Social Security retirement benefits that he already gives the child.
Officer’s reasonable suspicion sufficient in speeding stop, justices rule
A man challenging the propriety of his traffic stop for speeding under both the United States and Indiana Constitutions failed to convince Indiana Supreme Court justices Wednesday that the officer who conducted the stop should have documented the speed. Justices ruled that the officer had reasonable suspicion to stop him.
Justices halt removal of Yorktown clerk-treasurer from office
Efforts to forcibly remove a Yorktown clerk-treasurer from her elected office faced a setback Wednesday when the Indiana Supreme Court affirmed a trial court’s decision finding the officer’s failure to keep track of town finances did not result in a general failure to perform her official duties.
7th Circuit remands Indiana civil forfeiture case
In another dispute in an Indiana civil forfeiture case, the 7th Circuit Court of Appeals has denied issuing an opinion on a district court ruling that found parts of the state statute unconstitutional, finding the lower court was not given a chance to address the state’s effort to fix the problem.
Inattentive mom’s loss of custody upheld; pauper status granted
A mother trying to further her education without a stable income lost her appeal to keep custody of her son after she twice left him unattended due to substance abuse but was granted her request to make the costs of her case a public expense.
Supreme Court rules for Alabama death row inmate
The US Supreme Court is ordering a new state court hearing to determine whether an Alabama death row inmate is so affected by dementia that he can’t be executed.
Justices grapple with statute of limitations language during oral arguments
A case involving a brownfield cleanup and a question of when a claim for recovery of costs can be brought met a skeptical Indiana Supreme Court Thursday, when the justices quizzed both sides on the meaning and implication of the state’s Environmental Legal Action statute.
Mother’s 4th Amendment rights not violated in search after son’s death
A mother convicted of the negligent death of her son has lost her argument that the search of her apartment and phone following his death was a violation of her Fourth Amendment rights.
Reversal: No heirs needed for estate to pursue survivor damages
The personal estate of a woman whose husband died intestate without heirs and while litigating a wrongful death suit could be able to claim survivor damages after the Indiana Supreme Court granted transfer to the estate's case and overturned two lower courts.
Tax Court upholds 26 percent increase in home valuation
The Indiana Tax Court has upheld a 26 percent increase in a home valuation after finding that the homeowners failed to properly rebut the removal of an obsolescence adjustment.