Reversal: Inmate may appeal despite belated notice
The Indiana Court of Appeals reversed the denial of an inmate’s permission to file a belated notice of appeal when it found he was an eligible defendant under to Post-Conviction Rule 2.
Court opinions
Articles
COA affirms breach, fraud, unjust enrichment claims brought by bank
A bank that brought breach of contract, fraud and unjust enrichment claims against its loanee won each of those claims on appeal, but failed to state a claim that the loanee violated the “usual and customary practices” laid out in its participation agreement, according to a Friday opinion from the Indiana Court of Appeals.
Reversal: Bonded projects not ‘completed’ under language of agreement
The Indiana Court of Appeals reversed and remanded the grant of summary judgment in favor of an investment firm after it found that a series of bonded projects were not completed within the scope of the meaning of “completion” as set forth by an agreement between the litigants.
COA: Property purchaser not 3rd party beneficiary in tax sale contracts
The Indiana Court of Appeals affirmed summary judgment to a government tax sale organizer after finding a real estate purchaser was not a third-party beneficiary of contracts made between the organizer and the county.
Jury award of $21M in drunk driving crash upheld
A Marion County jury’s award of more than $21 million to a passenger rendered paraplegic when an intoxicated friend crashed his truck after a night of drinking was upheld Friday by the Indiana Court of Appeals.
Siblings’ trust agreement enforced in probate splits COA
The termination and division of a multi-generational trust containing more than 422 acres of land was affirmed Thursday by the Indiana Court of Appeals, which split on the question of whether a probate court could adjudicate a separate agreement between two heirs.
Reversal: Claim of 165 texts in 24 hours doesn’t prove stalking
The Indiana Court of Appeals revoked a man’s protective order against the mother of his child when it found that her excessive messaging in a 24-hour period did not constitute stalking.
Judge rules for Butler in suit by ex-student accused of sex assault
A civil lawsuit against Butler University brought by a student who claims he was wrongly expelled after being falsely accused of sexual assault has ended with a judgment in favor of the university and other school personnel involved in the investigation.
COA: Lawyer’s $3.4M fee wrongly applied in child support
A trial court miscalculated the impact of a Merrillville lawyer’s $3.4 million legal fee in a personal injury case on his child support obligation, the Indiana Court of Appeals ruled Friday.
Med-mal judgment for insurers against hospital reversed
The Indiana Court of Appeals reversed the grant of summary judgment for two insurance companies when it found they were estopped from denying the applicability of the Indiana Medical Malpractice Act to their claims.
Judge: Insurer has no duty to defend false sex assault claim
A federal judge has ruled an insurer does not owe a duty to defend a female student who made a false accusation of sexual assault against a Butler University student who subsequently sued the university and his accuser
Passenger’s drug, gun convictions from traffic stop affirmed
A passenger convicted of drug and gun felonies after he briefly stepped out of a car when police pulled it over lost his appeal Thursday. The Indiana Court of Appeals affirmed Gregory Wayne Parks’ convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony dealing in marijuana and two counts of Level 6 felony possession of a controlled substance.
Appeals court rejects judge’s civil commitment as court business record
The Marion County probate judge’s method of opening new cases to approve all of the mental health civil commitment recommendations of magistrate judges and commissioners during a given period of time was rejected Thursday by the Indiana Court of Appeals.
Hill defends abortion law’s validity, argues idea is new
Indiana’s recent request for the nation’s highest court to review an abortion law struck down by federal courts has some legal watchers wondering whether the case could be a gateway for dismantling of abortion rights.
DCS criticized for lax notice, but mom’s termination affirmed
The Indiana Court of Appeals reprimanded the Indiana Department of Child Services on Wednesday for failing to comply with notice requirements, while also affirming a mother’s termination of parental-child relationship for her failure to communicate with DCS.
Habitual offender enhancement vacated for failure to inform
The Indiana Court of Appeals reversed a man’s habitual-offender finding and sentence when it found his previous jury-trial waiver was not made with sufficient awareness of the relevant circumstances, and therefore did not apply to the later-filed habitual-offender enhancement.
COA: Jury trials unavailable for expungements
A Jasper County man who argued the trial court erred in denying his request to expunge a school suspension from his record and in not holding a jury trial has lost both arguments on appeal, with an appellate panel specifically holding that expungement issues are not entitled to a jury trial.
Appellate court affirms summary judgment for rental property owner in insurance dispute
The Indiana Court of Appeals affirmed the grant of summary judgment to a rental property owner involved in an insurance dispute following a house fire of one of her rental properties after finding a garage that was damaged in the fire should have been covered under the property’s insurance policy.
COA affirms denial of ineffective counsel PCR claim
The Indiana Court of Appeals affirmed Tuesday the denial of a man’s successive petition for post-conviction relief, finding the man’s trial attorney’s strategy was not constitutionally ineffective.
Indiana Court Decisions — Sept. 27-Oct. 9, 2018
Read Indiana appellate decisions from the most recent reporting period.