Expired handgun permit not ‘misuse’ of firearm, COA says
A divided panel of the Indiana Court of Appeals has reversed an order to destroy a man’s handgun, finding the man did not misuse the firearm, despite his expired permit.
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COA upholds denial of pro se rights to ‘sovereign citizen’
The Indiana Court of Appeals has affirmed the termination of a man’s self-representation after determining he engaged in deliberately obstructive behavior that threatened to undermine the proceedings of his case by claiming to be a "sovereign citizen."
Indiana Court decisions – Oct. 25-Nov. 7, 2018
Read Indiana appellate decisions from the most recent reporting period.
Felony advisory sentence doesn’t require sentencing statement, COA rules
A man arguing that a trial court abused its discretion in imposing an advisory sentence without issuing a statement lost his case when the Indiana Court of Appeals found that under Indiana code, courts are not required to issue statements for advisory felony sentences.
COA affirms denial of Kroger sales tax fraud claim
The Indiana Court of Appeals has affirmed the denial of a man’s fraud complaint against several grocery stores after finding his claims did not meet the specificity requirements of Indiana Trial Rule 9(B).
Judge lets Tippecanoe Right to Life free speech case proceed
A Tippecanoe County anti-abortion group’s free speech lawsuit against the local public transportation company will continue after a district court judge denied Greater Lafayette Public Transportation Corporation’s motion for judgment on the pleadings.
7th Circuit upholds denial of qualified immunity for officer who shot truck driver
The 7th Circuit Court of Appeals has upheld the denial of summary judgment to a police officer who shot a truck driver during a fight over parking tickets, finding the record does not demonstrate that the officer was entitled to qualified immunity, making a trial necessary.
COA: ‘Irritated’ judge must make immigration findings
A trial court judge who refused to make federal findings regarding a minor litigant’s immigration status because he was “irritated” by having to deal with federal law must now consider the immigration questions after the Indiana Court of Appeals found the judge’s refusal was erroneous.
COA: Sisters separated from mother, brothers is in best interests
The Indiana Court of Appeals affirmed a trial court termination of parental rights in a “most unusual circumstance” when it found the separation of two minor daughters from their brothers and mother was in the girls’ best interests.
Reversal: Officer’s suit reinstated, bond requirement ambiguous
The Indiana Court of Appeals reversed a trial court’s grant of summary judgment to a Northeastern Indiana city when it found the lower court failed to fix a bond amount for a disciplined police officer by the time of judgment.
Appeals court splits over ‘manifest injustice’ in resentencing
The majority of an Indiana Court of Appeals panel reversed the resentencing of a burglar who was serving an out-of-state sentence, holding that a harsher sentence that was imposed on a prior remand was a manifest injustice. But a dissenting judge wrote that the offender’s victims would suffer a greater injustice if the sentence is reduced.
Divided justices deny child murderer death penalty relief
The Indiana Supreme Court has upheld the denial of post-conviction relief for a convicted child murderer and arsonist sentenced to death, finding that while the man’s counsel did make mistakes, those mistakes did not rise to the Strickland level of deficient performance. However, Chief Justice Loretta Rush dissented and would have allowed the case to proceed to a new penalty phase.
Appellate court says preferred venue statute is void
The Indiana Court of Appeals has held that a statute concerning preferred venue in corporate lawsuits is void because it conflicts with an Indiana Supreme Court-adopted trial rule. The appellate court’s ruling upheld the denial of a change of venue motion in a medical malpractice case based on the statute being a nullity.
Federal judge disqualifies lawyer who sued ex-client
A federal judge last week disqualified an attorney from representing a plaintiff in a lawsuit alleging abusive debt collection practices in a case filed against a client of the attorney’s former law firm.
Justices rule for firefighters claiming age discrimination
The Supreme Court has decided unanimously that local governments with small workforces must comply with a federal law against age discrimination.
Mom in wheelchair loses ADA access appeal against school district
A Warrick County woman who uses a wheelchair and was unable to attend her son’s school Christmas concert two years in a row lost her argument of discrimination under the Americans with Disabilities Act after it was determined the concert was not provided by the school corporation.
Justices hear NIPSCO industrial users’ rate hike appeal
The Indiana Supreme Court heard oral argument Thursday morning on a utility rate increase case, hearing a northern Indiana utility industrial group’s appeal over whether a reversal of the Indiana Utility Regulatory Commission’s application of its own settlement orders conflicted with a prior settlement.
Justices: Mineral-rich property transfers improper in trust case
A bitter dispute between stepsiblings — including a woman who was written out of her inheritance of mineral-rich property — has resulted in the Indiana Supreme Court ruling that a decades-old transfer of the land to her stepbrother was improper.
Valpo attorney suspended for failing to refund unperformed work
A Valparaiso attorney who neglected a client’s appeal and failed to refund a fee paid for his unperformed service has been suspended from the practice of law in Indiana for 90 days and cannot be reinstated until he pays full restitution.
Court reverses judgment for buyer in soured land-sale deal
A Marion Superior judge clearly erred in excluding a contract as evidence, then wrongly ruled for the defendant in a lawsuit arising from a home sale agreement she backed out of, the Indiana Court of Appeals determined Friday.