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.
Court opinions
Articles
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.
Indiana’s abortion cert petition relisted for 5th time
The petition asking the U.S. Supreme Court to uphold a law restricting abortions in Indiana has been distributed for a fifth conference with the justices. Now the petition has been scheduled for consideration Feb. 22.
COA upholds Vectren energy efficiency plan that allows nearly $55M in lost revenue recovery
An energy efficiency plan that allows Vectren to recover nearly $55 million in lost revenue was not erroneously approved by the Indiana Utility Regulatory Commission, the Indiana Court of Appeals ruled Tuesday.
Appellate court: Termination of father’s parental rights not erroneous
A Marion County father has lost his appeal of the termination of his parental rights after the Indiana Court of Appeals determined the termination was not clearly erroneous.
Headbutting ram’s owner must face premises liability claim, COA rules
A woman who was headbutted by a ram while tending to another woman's animals can continue to pursue her premises liability claim against the ram’s owner, the Indiana Court of Appeals has ruled.
Judge allows ‘extremely narrow’ failure to accommodate claim to proceed against IPS
A disability discrimination claim brought against Indianapolis Public Schools by a former bus attendant who says the school district failed to accommodate her medical conditions will continue on “extremely narrow” grounds, a federal judge has ruled.
Indiana Court Decisions — Jan. 31-Feb. 13, 2019
Read Indiana appellate decisions from the most recent reporting period.
Father’s assertion of Fifth Amendment rights splits COA
Even though the Indiana Court of Appeals had previously affirmed that the youngsters in this case were children in need of services, in part because of allegations of a father’s sexual abuse, it has reversed the termination of parental rights because the requirement that the father participate in a sex offender treatment program violated his Fifth Amendment right against self-incrimination.
COA rejects hearsay exception argument, upholds murder conviction
The Indiana Court of Appeals affirmed a man’s murder conviction and 65-year sentence after finding the defendant failed to show how out-of-court statements allegedly made by several individuals qualified as an exception to the hearsay rule.