Indiana Court Decisions — Dec. 5-18, 2018
Read Indiana appellate court decisions from the most recent reporting period.
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Articles
Admission of evidence in teen’s murder case not an abuse of discretion, COA rules
A man convicted of murder as a teen unsuccessfully argued before the Indiana Court of Appeals that evidence in his case was erroneously admitted, with the appellate court instead finding the trial court did not abuse its discretion.
COA says immigrant’s PCR petition was 12 years too late
An immigrant woman who waited 12 years to seek relief from a forgery conviction has lost the appeal of the denial of her post-conviction relief petition, with the Indiana Court of Appeals finding the woman did not provide a credible explanation for the delay.
‘Meager weight’ of mitigating factors could not overcome attorney’s deficient performance
Although the Indiana Court of Appeals agreed the relationship had broken between a Fort Wayne criminal defense attorney and his client, it did not find that the 130-year sentence handed down would have been significantly less if defense counsel had offered mitigating circumstances.
Divided COA rules against grain farmer in statutory dispute
A Putnam County farmer will only be partially compensated for grain he deposited with a failed grain elevator after a divided panel of the Indiana Court of Appeals rejected his reading of the relevant compensation statute.
Insurer has no duty for contamination at Gary airport
The city of Gary’s lawsuit seeking payment for cleaning up contaminated property near the Gary/Chicago International Airport has stalled after the Indiana Court of Appeals found the business owner’s insurer had no duty to indemnify.
Survivor benefits not excluded from marital assets, COA says
The Indiana Court of Appeals has affirmed a trial court’s division of a divorced couple’s marital property, finding the wife’s survivor benefit from her ex-husband’s pension could not be excluded from the marital assets.
COA affirms injunction preventing auto racing at Kosciusko Co. fairground
The Indiana Court of Appeals has affirmed injunctive relief for several Kosciusko County homeowners when it found they had standing as successors to enforce a prior covenant preventing motorized racing on a local fairground.
False informing conviction reversed for Monrovia dog owner after attack on mini horse
A Monrovia man found guilty of failing to inform an officer that a dog who killed a mini horse was inside his home had his conviction reversed Thursday, with the Indiana Court of Appeals finding that the man's failure to provide any information about the whereabouts of the dog could not be considered false informing.
Wrongful death suit reinstated in IPS student’s murder
The Indiana Court of Appeals reinstated a wrongful death lawsuit against Indianapolis Public Schools when it found genuine issues of material fact as to Arlington Community High School’s duty to supervise its students after a teen’s murder nearby.
COA: Negligence claim rightly denied in fatal heart attack wreck
The Indiana Court of Appeals affirmed the grant of summary judgment to a man’s estate in a negligence lawsuit, finding his incapacity to drive due to a heart attack was not reasonably foreseeable.
AG Hill in minority praising ruling against ACA mandate
Indiana Attorney General Curtis Hill spent Monday morning on cable television news channels applauding a federal court’s ruling that found the Affordable Care Act unconstitutional, but Republican leaders in Indiana remained silent.
Anderson Wigwam owners lose bid in Tax Court
The company which now owns the storied Anderson High School arena, known as the Wigwam, failed to convince the Indiana Tax Court it is entitled to an injunction against the collection of property taxes based on a valuation of more than $2 million.
Man who failed to disclose property interest must divide mother’s estate with ex-wife
A woman who learned after the divorce was final that her estranged husband did not disclose his interest in his mother’s estate has gotten relief from the Indiana Court of Appeals, which found the man “made a mockery of the discovery process.”
Erroneous admission of evidence of prior bad act was harmless, COA says
The Indiana Court of Appeals affirmed the admission of evidence in a Wabash County case after finding that despite a trial court’s erroneous admission of evidence of a prior bad act, such an error was harmless.
On remand, divided COA again allows modification of fixed-plea sentence
A divided Indiana Court of Appeals has once again reversed a trial court ruling holding that a man sentenced pursuant to a fixed plea agreement could not seek a sentence modification, with the appellate court finding instead on remand that statutory amendments to laws governing fixed pleas are not applicable in this case.
Martinsville Texas Corral liability insurance doesn’t cover complaint from DirecTV
The 7th Circuit Court of Appeals affirmed the grant of summary judgment to an insurance company against two Martinsville Texas Corral restaurants when it found the companies insurance endorsement agreement did not cover a complaint filed by DirecTV.
COA again addresses summarily approved commitment orders, finds timeliness waiver
The Indiana Court of Appeals has once again weighed in on the issue of whether commitment orders approved only summarily by a trial court judge are valid, finding Thursday that a civil commitment litigant waived her challenge of the allegedly defective order by not raising the issue in trial court. The appellate panel also found sufficient evidence to support a finding that the litigant was gravely disabled.
Father loses appeal of conviction for molesting son
A Madison County father convicted of molesting his son has lost his appeal of his conviction, with the Indiana Court of Appeals finding statements a prosecutor made during the son’s deposition were reasonable and non-threatening.
Split COA affirms denial of court employee’s contempt motion, awards appellate fees
A split Indiana Court of Appeals affirmed the denial of a drug court coordinator’s claims that an auditor was in contempt of court, finding the coordinator’s claims were frivolous and her excessive filings were unreasonable. As such, the majority awarded appellate attorney’s fees to the auditor.