Indiana Court Decisions — Feb. 14-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Split 7th Circuit slams Indiana attorneys in grant of habeas petition
The 7th Circuit Court of Appeals granted a man’s habeas corpus petition — and offered harsh comments for Indiana defense attorneys — after finding ineffective assistance of counsel for a man whose attorney blatantly disregarded an opportunity to object to amended charges filed late.
COA: Insurance policy terms mean suspended driver still covered
A man whose driver’s license was suspended after crashing into a home will still receive coverage now that the Indiana Court of Appeals determined his insurer’s policy did not specifically say he could be denied coverage under its entitlement exclusion.
Social Security retirement benefits must be considered in child support, COA rules
A mother filing for child support couldn’t convince the Indiana Court of Appeals that the obligated amount her child’s father owes should be in addition to Social Security retirement benefits that he already gives the child.
Officer’s reasonable suspicion sufficient in speeding stop, justices rule
A man challenging the propriety of his traffic stop for speeding under both the United States and Indiana Constitutions failed to convince Indiana Supreme Court justices Wednesday that the officer who conducted the stop should have documented the speed. Justices ruled that the officer had reasonable suspicion to stop him.
Justices halt removal of Yorktown clerk-treasurer from office
Efforts to forcibly remove a Yorktown clerk-treasurer from her elected office faced a setback Wednesday when the Indiana Supreme Court affirmed a trial court’s decision finding the officer’s failure to keep track of town finances did not result in a general failure to perform her official duties.
7th Circuit remands Indiana civil forfeiture case
In another dispute in an Indiana civil forfeiture case, the 7th Circuit Court of Appeals has denied issuing an opinion on a district court ruling that found parts of the state statute unconstitutional, finding the lower court was not given a chance to address the state’s effort to fix the problem.
Inattentive mom’s loss of custody upheld; pauper status granted
A mother trying to further her education without a stable income lost her appeal to keep custody of her son after she twice left him unattended due to substance abuse but was granted her request to make the costs of her case a public expense.
Supreme Court rules for Alabama death row inmate
The US Supreme Court is ordering a new state court hearing to determine whether an Alabama death row inmate is so affected by dementia that he can’t be executed.
Justices grapple with statute of limitations language during oral arguments
A case involving a brownfield cleanup and a question of when a claim for recovery of costs can be brought met a skeptical Indiana Supreme Court Thursday, when the justices quizzed both sides on the meaning and implication of the state’s Environmental Legal Action statute.
Mother’s 4th Amendment rights not violated in search after son’s death
A mother convicted of the negligent death of her son has lost her argument that the search of her apartment and phone following his death was a violation of her Fourth Amendment rights.
Reversal: No heirs needed for estate to pursue survivor damages
The personal estate of a woman whose husband died intestate without heirs and while litigating a wrongful death suit could be able to claim survivor damages after the Indiana Supreme Court granted transfer to the estate's case and overturned two lower courts.
Tax Court upholds 26 percent increase in home valuation
The Indiana Tax Court has upheld a 26 percent increase in a home valuation after finding that the homeowners failed to properly rebut the removal of an obsolescence adjustment.
Father’s behavior to blame for mother’s $40K attorney fees, COA says
A father ordered to pay half of the attorney’s fees incurred by the mother of his child during a paternity action was denied his appeal to be rid of them Thursday when appellate judges found the high fees were a result of his behavior.
COA: Medical expert failed to establish knowledge of standard of care
A directed verdict in favor of Hendricks County health care providers accused of failing to adequately care for a baby born with Rh disease has been upheld after the Indiana Court of Appeals found the plaintiffs’ expert failed to establish that he knew the applicable standard of care.
State, IBM spar over damages during Supreme Court oral arguments
It’s been roughly nine years since a hard-fought legal battle over the creation of a new Hoosier welfare system ensued between the state of Indiana and IBM Corp. And on Thursday, the long-lasting litigation returned to the Indiana Supreme Court, which this time must answer a multi-million-dollar damages question.
Girl’s CHINS adjudication will stand after brother’s death, COA rules
A young girl found to be a child in need of services following the negligent death of her younger brother will remain a CHINS despite her mother’s contention that there wasn’t enough evidence to prove the finding, the Indiana Court of Appeals has ruled.
COA rejects developer’s private pond argument
An Evansville developer’s argument that the Indiana Department of Environmental Management does not have jurisdiction over private ponds did not hold water with the Indiana Court of Appeals.
David, Goff publish dissent after justices let stand parents’ reimbursement order
Two Indiana Supreme Court justices have once again published a dissent from a 3-2 transfer ruling, which this time let stand a monthly reimbursement order for the parents of an adjudicated teen despite their alleged struggle to meet the payment requirements. Justices Steven David and Christopher Goff argued the trial court should have conducted a specific inquiry into the parents’ ability to pay the ordered reimbursement.
COA affirms vengeful brother’s intent to commit battery
A man who tried to avenge his sister by beating up her boyfriend who allegedly threatened to hit her failed to convince appellate judges that the boyfriend did not suffer serious bodily injuries from the attack carried out during a burglary.