Justices to hear arguments in murder, jurisdiction cases
The Indiana Supreme Court is set to hear argument in several cases this week, including a man’s post-conviction appeal of his three separate sentences for murder in Floyd County.
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Indiana Court Decisions — Dec. 19, 2018-Jan. 2, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Appeals court sides with Trump in transgender military case
A federal appeals court sided with the Trump administration Friday in a case about the Pentagon’s effort to restrict military service by transgender people, but the ruling won’t change who can serve or enlist at this point.
Divided justices say Grant Co. couple must comply with orders to repair ‘high-hazard’ dam
A Grant County couple must now abide by a Department of Natural Resources order to bring a dam into compliance with the Dam Safety Act following a divided Indiana Supreme Court decision that affirmed the order’s enforcement.
Low-key days at Supreme Court may be ending soon
The Supreme Court began its term with the tumultuous confirmation of Justice Brett Kavanaugh, followed by a studied avoidance of drama on the high court bench — especially anything that would divide the five conservatives and four liberals. But when they gather in private on Friday to consider new cases for arguments in April and into next term, the justices will confront a raft of high-profile appeals.
Suit naming Vaidik, appellate clerk, DOC employees tossed
The dismissal of a suit brought against Indiana Court of Appeals Chief Judge Nancy Vaidik, the clerk of Indiana’s appellate courts and two Department of Correction employees has been affirmed, with a panel of the COA finding judicial immunity and insufficient facts bar the case from proceeding.
Sovereign citizen’s prison religion suit may be revisited
An Indiana prisoner and professed sovereign citizen who claimed his religious rights were violated when he was forbidden from fully participating in certain religious services may get another review, the 7th Circuit Court of Appeals ruled Wednesday.
No malicious intent found in prosecution of debt suit
The Indiana Court of Appeals affirmed summary judgment for a heavy equipment company when it found there was no malicious prosecution of an Indiana quarry and its owner over a debt.
Ruling for insurance producer in licensing case affirmed
A trial court order lifting a regulator’s nonrenewal of an insurance producer’s license stemming from his unauthorized use of funds from his homeowner’s association was affirmed by the Indiana Court of Appeals on Monday. The appellate panel agreed that the man’s actions in this case did not warrant such a severe sanction. Jeffrey A. Schumaker’s […]
Probation sanction affirmed on ‘unduly harsh’ appeal
A man’s argument that the execution of a suspended sentence for a crime he committed while on probation was an unduly harsh sanction failed before the Indiana Court of Appeals.
COA overturns felony murder charge in overdose death
A man who provided drugs that ultimately resulted in a woman’s overdose death will not face a felony murder charge after the Indiana Court of Appeals found precedent did not stretch far enough to include his actions.
COA rules for providers on malpractice, negligence claims
The Indiana Court of Appeals ruled in favor of several medical providers it found were entitled to summary judgment on claims of medical malpractice and negligence raised by a former patient.
Appeals panel upholds Charlestown water utility sale
A southern Indiana community’s sale of its water utility was affirmed Monday after a challenge by a nonprofit group opposed to the deal. The Indiana Court of Appeals let stand the sale of the City of Charlestown water utility to Greenwood-based Indiana-American Water Company, Inc.
Majority justices reduce drug sentence, order removal from DOC
Finding the circumstances of an Orange County case to be “exceptional,” a majority of the Indiana Supreme Court has reduced a woman’s sentence and ordered that she be removed from the Department of Correction and instead placed in community corrections. A dissenting justice would have denied transfer of the case.
Landlord, not tenant, responsible for insuring building in fire, COA says
The Indiana Court of Appeals reversed the denial of a tenant’s motion for judgment against a landlord’s insurer after finding that the parties’ commercial leasing agreement unambiguously provided that the landlord would insure a building damaged in a fire.
Indy attorney who converted client funds, falsified attorney registration loses license
An Indianapolis attorney found guilty of converting client funds, falsifying attorney registration and lying to a court can no longer practice law in Indiana after the Indiana Supreme Court unanimously voted to disbar her.
COA: Consecutive sentences not inappropriate for ‘independent and distinct’ charges
A man arrested for drug-related charges who later received additional charges under a separate cause failed to convince an Indiana Court of Appeals panel that a trial court abused its discretion by ordering his second sentence to be served consecutively to the first.
COA reverses one of multiple firearm convictions on double jeopardy grounds
An Indianapolis man who was found guilty of multiple crimes following a single traffic stop has gotten some relief after the Indiana Court of Appeals tossed one of the convictions because it violated double jeopardy principles.
COA split on amended sentence modification statute
In an opinion interpreting a sentence modification statute, a divided panel of Indiana Court of Appeals ruled that a trial court lacked authority to modify a sentence that was entered pursuant to a fixed plea agreement. The majority’s ruling contrasts with the panel’s earlier decision in the same case, which was revisited on remand from the Indiana Supreme Court after a legislative amendment last year.
Mobile home parks lose appeal of IURC classification
Several Kosciusko County mobile home parks lost their appeal of an Indiana Utility Regulatory Commission decision that impacted their sewer billing. The Indiana Court of Appeals on Thursday affirmed the IURC’s entry of summary judgment for a regional sewer district and dismissal of the parks’ appeal in Northcrest R.V. Park, et al. v. Lakeland Regional Sewer District, and Indiana Regional Sewer District Association, 18A-EX-1243.