COA rules weapons search that revealed drugs constitutional
An Allen County drug possession trial will proceed with evidence obtained from a pat-down search after the Indiana Court of Appeals determined the search was constitutional.
Court opinions
Articles
Same-sex birth certificate case stalls at 7th Circuit, putting families in limbo
Both Jackie Phillips-Stackman and her wife, Lisa, carry copies of their daughter’s birth certificate with them wherever they go as they wait for the 7th Circuit Court of Appeals to issue an opinion that they fear could upend their family.
COA upholds trial court’s denial of motion to waive juvenile murder delinquent to adult court
The Indiana Court of Appeals declined to reverse a trial court’s decision not to waive a juvenile murder case to adult court after it concluded there was sufficient evidence to support the decision.
Majority justices reverse probation violation for judge’s inconsistent statements
A probation violation will be removed from a convicted sex offender’s record after a divided Indiana Supreme Court determined a trial judge’s inconsistent statements meant there was insufficient evidence to support a finding of a probation violation.
Terre Haute inmate awarded damages for excessive force
An inmate at the Federal Correctional Complex in Terre Haute was awarded $2,000 in damages after he won his excessive force lawsuit, with the Southern Indiana District Court finding the “lack of institutional evidence of the incident was exacerbated by the (Bureau of Prisons’) treatment of (the inmate’s) sensitive grievance.”
Indiana Court Decisions — March 13-27, 2019
Read Indiana appellate court opinions for the most recent reporting period.
7th Circuit case highlights confusion over online home value ‘Zestimates’
The 7th Circuit both rejected proposed class action lawsuit against the website Zillow, but Realtors and real estate attorneys still have concerns about whether its “Zestimates” are unnecessarily misleading. Zillow, however, insists its estimation practices are transparent and legal, thus making their home valuations a beneficial tool for buyers and sellers.
IU profs contribute to ruling upholding short-term rental regulation
With the help of an amicus brief from several professors — including two from the Indiana University Kelley School of Business — Santa Monica, California successfully urged the 9th Circuit Court of Appeals to uphold its local regulation of short-term rental properties offered through websites such as Airbnb.
CHINS adjudication reversed for mom who tested clean
A mother whose kids were found to be children in need of services despite her successful efforts to stay sober and get the help she needed found favor with an appellate panel Monday, who reversed the CHINS adjudication on the basis of insufficient evidence.
COA rejects argument that children adopted by unmarried uncle were ‘born out of wedlock’
The grandparents of two children adopted by their unmarried uncle do not have standing to seek visitation, the Indiana Court of Appeals wrote Friday in an opinion rejecting the argument that the children were “born out of wedlock.”
‘Pursuit of happiness’ marijuana case seeks Hoosier justices’ consideration
A case dealing with a man’s constitutional right to the pursuit of happiness in the form of a marijuana blunt is possibly headed to the state's highest court now that a petition to transfer has been filed.
COA: Statute of limitations for AG to act on SBOA report begins when verified report is filed
Claims made by the Indiana Attorney General’s Office against a former Jennings County bookkeeper accrued upon the office’s receipt of a final investigation report, not a preliminary report, the Indiana Court of Appeals affirmed Friday in a case of first impression.
Justices: ‘Reliable assurance’ of accident defense upholds conviction in baby’s death
A man’s convictions of neglect of his infant daughter resulting in death was affirmed Wednesday by the Indiana Supreme Court when justices ruled it was not improper under Indiana Evidence Rule 404(b) to admit other-bad-acts evidence to show lack of accident, so long as a there was reliable assurance that an accident defense would be raised.
COA: Med-mal dismissal affirmed for counsel’s untimely filings
A woman who partially blamed her attorney’s personal problems for her failure to timely file pleadings in her proposed medical malpractice complaints could not convince the Indiana Court of Appeals that her case should not be dismissed. Among other things, the appellate panel simply found she failed to spend her time wisely.
SCOTUS: Alaska moose-hunter can ‘rev up’ hovercraft
The National Park Service improperly banned an Alaska moose hunter from using a hovercraft on a river through a national preserve, the U.S. Supreme Court ruled Tuesday in a unanimous decision.
Supreme Court tosses $315M award in USS Cole lawsuit
The Supreme Court on Tuesday threw out a nearly $315 million judgment against Sudan stemming from the USS Cole bombing, saying Sudan hadn’t properly been notified of the lawsuit.
7th Circuit finds leadership enhancement harmless error
An Indianapolis furniture salesman who used his business as a front for selling cocaine and heroin persuaded the 7th Circuit Court of Appeals to buy his argument that he did not have a leadership role in the drug operation, but his 30-year sentence was still affirmed.
On rehearing, COA reaffirms dismissal of promissory note default litigation
The Indiana Court of Appeals has reaffirmed the dismissal of a complaint brought for missed payments on a promissory note, granting rehearing for the limited purpose of addressing the issue of waiver.
Unauthenticated cell records lead to reversal of robbery-related conviction
The state must now decide whether to retry a woman previously convicted of aiding a robbery after the Indiana Court of Appeals reversed her conviction, finding the state failed to properly authenticate cellphone records it said tied the woman to the crime.
Appellate court reduces theft restitution by more than $62K
A man who stole nearly $100,000 from his Ripley County employer will only have to pay about $36,000 in restitution after the Indiana Court of Appeals determined the trial court erred in ordering the man to pay back the full amount. But the court also upheld the man’s 15-year theft sentence, finding it was not inappropriate.