Split COA reverses denial of motion for discharge
A trial court should’ve granted a man’s motion for discharge after his drug-related trial was continued multiple times, a split Court of Appeals of Indiana ruled in a reversal.
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Articles
Indy attorney disbarred after ‘abandoning’ his practice
An Indianapolis attorney has been disbarred for his lengthy history of misconduct, which included charging and collecting unreasonable fees, engaging in deceitful behavior and ultimately abandoning his immigration law practice.
COA reverses, remands to set aside expired body attachment writ
A body attachment writ was expired when its subject was arrested, the Court of Appeals of Indiana ruled in reversing the denial of the subject’s motion to set aside the writ.
Opinions Dec. 20, 2023
Court of Appeals of Indiana
Lacey Ann Murphy v. William Cook
23A-SC-1614
Small claims. Reverses the denial of Lacey Ann Murphy’s Motion to Set Aside Body Attachment. Finds the requirements of Indiana Trial Rule 64(A) were not satisfied and the body attachment was expired. Remands with instructions to grant Murphy’s motion.
ALJ not required to consult additional medical expert in denial of disability benefits, 7th Circuit affirms
An administrative law judge was correct in denying disability insurance benefits to a man who waited more than 18 months to see a doctor after hurting his back at work, the 7th Circuit Court of Appeals affirmed Tuesday.
Indiana Court Decisions: Nov. 30-Dec. 13, 2023
Read Indiana appellate court decisions from the most recent reporting period.
COA splits, reverses in divorce case after ‘flagrant injustice’ to pro se wife
A trial court should have admitted a woman’s prenuptial agreement into evidence in her divorce case, and its failure to do so resulted in a “flagrant injustice,” a split Court of Appeals of Indiana ruled in a Tuesday reversal.
Wife’s sole efforts in saving farm, reducing debts justifies real estate award in divorce, COA affirms
A wife’s ability to refinance secured debt on farm property and make an equalization payment made it “just and reasonable” to award all real estate to her in a divorce case, the Court of Appeals of Indiana affirmed Tuesday.
Opinions Dec. 19, 2023
Court of Appeals of Indiana
Gerard M. Dierckman v. Sandra E. Dierckman
22A-DN-2801
Domestic relations, no children. Affirms the final dissolution order as it relates to the marital property. Finds the Decatur Circuit Court’s findings challenged by husband Gerard M. Dierckman are supported by the evidence and/or are not contrary to law. Also finds the trial court did not abuse its discretion by valuing the farm and its income as of the end of 2020/beginning of 2021, nor did it err in valuing the farm inventory, accounts receivable and marital debt as of the date of the dissolution petition in December 2019. Finally, finds the trial court acted within its discretion when it decreased wife Sandra E. Dierckman’s equalization payment by the amount she paid Gerard for her personal expenses while the dissolution was pending.
Firearm conviction, criminal contempt upheld for defendant who proceeded pro se
A defendant who unsuccessfully defended himself in federal court and who was found in criminal contempt for refusing to answer a prosecutor’s question did not find any relief from his firearm conviction or the contempt finding at the 7th Circuit.
Opinions Dec. 18, 2023
Courts of Appeals of Indiana
Aaron Isby v. Richard Brown and Robert Carter Jr. (mem. dec.)
23A-MI-76
Miscellaneous. Affirms the denial of Aaron Isby’s petition for writ of habeas corpus. Finds Isby is not entitled to relief for discovery issues because he failed to avail himself of procedures set forth in trial rules and did not provide cogent reasoning supporting a discovery-related due process claim. Also finds Isby did not demonstrate that the Miami Circuit Court erred in denying the habeas petition.
Opinions Dec. 15, 2023
Court of Appeals of Indiana
Cameron O’Brien Wade v. State of Indiana (mem. dec.)
23A-CR-274
Criminal. Affirms Cameron O’Brien Wade’s convictions of Level 5 felony domestic battery, Level 6 felony criminal confinement, Class A misdemeanor interference with the reporting of a crime and Class B misdemeanor disorderly conduct. Finds the Noble Circuit Court did not abuse its discretion by admitting evidence pursuant to a stipulation.
IN justices deny 18 transfer petitions
The Indiana Supreme Court denied transfer to 18 cases last week, granting just one transfer petition.
Opinions Dec. 14, 2023
Court of Appeals of Indiana
BMI Properties, LLC v. Daewoong, LLC; Tabor/Bruce Architecture & Design, Inc.; Building Associates, Inc.; and Edwards Masonry, Inc.
23A-PL-988
Civil plenary. Reverses the Monroe Circuit Court’s order granting summary judgment in favor of Tabor/Bruce Architecture & Design Inc., Building Associates Inc. and Edwards Masonry Inc. Finds that neither the acceptance rule nor the economic loss rule entitles the defendants to summary judgment. Remands to the trial court for further proceedings.
Death row inmate’s falsified document, perjury justified dismissal of sexual assault claim, 7th Circuit affirms
A district court’s dismissal of a death row inmate’s lawsuit that alleged sexual assault by a prison medical director was an appropriate sanction given the inmate’s litigation misconduct, the 7th Circuit Court of Appeals affirmed Wednesday.
COA prematurely dismissed inmate’s appeal, justices rule in reversal
The Court of Appeals of Indiana prematurely dismissed an inmate’s appeal of the entry of judgment in favor of the Allen County public defenders he was suing, the Indiana Supreme Court ruled Wednesday in reversing the dismissal.
COA reverses summary judgment in moldy building dispute
A negligence and breach complaint related to a mold-infested building can continue after the Court of Appeals of Indiana reversed the entry of summary judgment.
COA reverses, rules mother’s petition was sufficient to raise SIJ status for child
A mother’s motion to amend language in her paternity judgment to conform with her child’s federal immigration petition requirement should have been granted, the Court of Appeals of Indiana ruled Wednesday.
Opinions Dec. 13, 2023
Court of Appeals of Indiana
In the Matter of the Paternity of A.J.L.B., a Minor by his next friend Grisel Bonilla Lemus v. Jaime Lazo Alvarenga
23A-JP-1436
Juvenile paternity. Reverses the denial of mother Grisel Bonilla Lemus’ motions to correct error and to amend the pleadings to conform to the evidence seeking to amend the paternity petition to add a request for the findings required for special immigrant juvenile status. Finds the requested SIJ findings were before the Bartholomew Superior Court, so the court abused its discretion by denying the motion to correct error and the motion to amend the pleadings. Remands with instructions to grant the motions, allow amendment of the petition and amend the judgment to include the requested findings.
IN Supreme Court dismisses appeal in property dispute involving Norfolk Southern
A trial court’s order in a property dispute between a North Judson man and a railroad company did not meet the criteria of a final judgment, the Indiana Supreme Court ruled in dismissing the man’s appeal.