Court opinions - The Indiana Lawyer

Indiana, Ohio leading 6th Circuit appeal supporting law regulating Kentucky abortion clinics

February 7, 2019

The Hoosier state has filed its second abortion-related appeal this week, this time urging a federal appeals court to uphold states’ authority to regulate abortion clinics. Indiana Attorney General Curtis Hill joined forces with Ohio Attorney General Dave Yost to lead a 16-state coalition in favor of a Kentucky law requiring abortion clinics to maintain transfer-and-transportation agreements with local hospitals and ambulance services.

7th Circuit dismisses ex-bank worker’s appeal of district court remand to state court

February 7, 2019

A former bank employee lost his appeal of a remand order that moved his lawsuit from federal to state court and imposed sanctions for wrongful removal, with the 7^th Circuit Court of Appeals finding there was no abuse of discretion and that the untimeliness of the initial removal to federal court was not made in ignorance.

Terre Haute denied summary judgment on ex-employee’s retaliation, negligence claims

February 5, 2019

A man who claims he was fired from his employment with the city of Terre Haute for defending a co-worker partially defeated a motion for summary judgment, with a judge finding the man’s claims of negligent supervision and retaliation under the Americans with Disabilities Act can proceed.

Supreme Court warns against city, town court judges assuming role of prosecutor

February 5, 2019

A word of discretion was offered to judicial officers Monday when Indiana Supreme Court justices condemned the impropriety of assuming a prosecutor’s duties, a message shared in a disciplinary opinion elaborating on the judicial ban of a former New Haven City Court judge.

Indiana Court Decisions — Jan. 18-30, 2019

February 5, 2019

Read Indiana appellate court decisions from the most recent reporting period.

Indiana appeals 18-hour ultrasound injunction to U.S. Supreme Court

February 5, 2019

Indiana is again appealing to the Supreme Court of the United States to overturn a preliminary injunction blocking a state abortion law, this one requiring women to get an ultrasound at least 18 hours before the procedure. The provision was included in House Enrolled Act 1337, which was signed into law by then-Gov. Mike Pence in 2016.

Man loses appeal of murder conviction in slaying of openly gay veteran

February 4, 2019

A northern Indiana man convicted of beating a gay Afghanistan war veteran to death lost his appeal of his conviction and sentence Monday when the Indiana Court of Appeals found that a delay in the production of cellphone records did not prevent the man from receiving a fair trial.

Outcome of SCOTUS case provides window into court’s view of abortion rights

February 4, 2019

The outcome of a fight over a Louisiana law regulating abortion providers could signal whether a fortified conservative majority on the Supreme Court is willing to cut back on abortion rights.

Judge reinstates credit time after DOC withholds potentially exculpatory evidence

February 4, 2019

An inmate who was one of more than 1,000 inmates in the Department of Correction with the last name “Taylor” has been granted habeas relief from a prison disciplinary proceeding, with a judge finding the man was denied due process when DOC officials failed to explain how he was selected as the correct “Taylor” in the proceedings.

Appeals court: Judge exceeded authority by doubling sentence

February 4, 2019

The Indiana Court of Appeals has ruled that a judge exceeded his authority by doubling a woman’s prison sentence to six years after she failed to timely surrender to authorities to start her term.

COA: ‘Significant’ DCS failures made termination of parental rights erroneous

February 1, 2019

A mother won her appeal to reverse an erroneous order terminating her parental rights when the Indiana Court of Appeals found the Department of Child Services committed ‘significant procedural irregularities’ in her case.

Bid to set aside murder, attempted murder convictions rejected

January 31, 2019

A man who pleaded guilty at age 15 lost his appeal on a motion to set aside his murder and attempted murder convictions when the Indiana Court of Appeals found he should have filed his argument as a claim for post conviction relief.

Pursuit of happiness can’t blunt man’s marijuana conviction

January 31, 2019

A man arrested for smoking a blunt in Indianapolis failed to convince the Indiana Court of Appeals that his misdemeanor conviction violated his constitutional rights to liberty and the pursuit of happiness. The appeal also raised the issue of the Hoosier State now being among a minority of states that have yet to legalize marijuana in some form.

Split COA: Maintenance not required in divorce of disabled spouse

January 31, 2019

A woman who receives Social Security Disability was not entitled to spousal maintenance, a divided panel of the Indiana Court of Appeals ruled, turning back a request on appeal to find that eligibility for SSD should constitute prima facie evidence of incapacity.

Abuse of corpse conviction affirmed in woman’s death

January 30, 2019

The Indiana Court of Appeals affirmed a man’s abuse of a corpse conviction, finding his confession was admissible without independent evidence because there was independent evidence to support his other confession in the same case.

Court improperly considered military service in custody ruling

January 30, 2019

The Indiana Court of Appeals reversed a custody order when it found the trial court failed to enter appropriate findings and improperly considered a father’s military service in its determination.

Split justices uphold ruling for insurer in truck crash that killed 3

January 29, 2019

Justices of the Indiana Supreme Court decided in a 3-2 vote last week to let stand a ruling that an insurance company owes no duty to victims of a truck crash in which the driver knowingly operated the vehicle with faulty brakes.

Man’s 33-year sentence, admission of heroin evidence upheld

January 25, 2019

A man who allegedly held two women against their will and beat them in his Fort Wayne home and later was found holding heroin lost his appeal Friday. An appellate court rejected his challenge to the admission of evidence against him as well as his appeal of his aggregate 33½-year sentence.

COA: Hardware store had no duty to shocked customer

January 24, 2019

A Crawfordsville hardware store that rented an aerial lift to a man who ultimately used it too close to some power lines did not have any duty to provide additional warnings, the Indiana Court of Appeals has ruled.

Justices: Drive-away driver properly classified as contractor

January 24, 2019

A “middleman” business that matches drivers with customers needing drive-away services properly classified one of its drivers as an independent contractor instead of an employee, the Indiana Supreme Court ruled in an opinion meant to resolve a conflict between two lower court rulings.

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