COA reverses incest, child molesting convictions after double jeopardy violation
The Indiana Court of Appeals partially reversed a man’s conviction for child molesting and incest when it found a double jeopardy violation in the convictions.
Court opinions
Articles
Inmate who dressed as old woman, carried urine into court loses appeal of denial of pro se rights
A Marion County defendant whose right to proceed pro se was terminated after a judge determined his physical state precluded him from doing so has lost his appeal of that termination, with the Indiana Court of Appeals finding the man used his illness to try to influence the court and jury.
Reversal: Officers entitled to qualified immunity after inmate death
The 7th Circuit Court of Appeals reversed a grant of judgment in favor of a deceased inmate’s estate, finding two officers who placed the inmate in a cell while he was intoxicated were entitled to qualified immunity.
COA upholds mixed sentences for murder, attempted murder convictions
A Lake County man sentenced to an aggregate 225 years lost his pro se appeal after the Indiana Court of Appeals determined his sentence, which included a mix of terms running consecutively and concurrently, did not violate state statute,
Darmstadt apartment zoning approval splits appellate court
A controversial proposed apartment complex in the Vanderburgh County community of Darmstadt is poised to proceed after a divided panel of the Indiana Court of Appeals upheld the trial court’s rejection of two petitions contesting the zoning board’s approval.
Summary judgment for former sheriff reversed after sexual assault allegations against deputy
The 7th Circuit Court of Appeals has overturned summary judgment for a former Lake County sheriff sued after a local woman alleged a sheriff’s deputy sexually assaulted her while in her home, with the court finding the woman’s respondeat superior claim against the sheriff can proceed.
High court won’t hear Evansville suit alleging coerced confessions
A lawsuit involving three teenagers who accuse Evansville police of violating their constitutional rights is headed to trial after the U.S. Supreme Court declined to hear the case. The high court refused Monday to review a January ruling by the 7th U.S. Circuit Court of Appeals, which found enough evidence to warrant a civil trial in the suit filed on behalf of William, Deadra and Andrea Hurt and their mother.
Justices agree to hear case regarding ‘obscene’ material on cellphone
The Indiana Supreme Court granted one transfer request and denied 18 others last week, agreeing to hear argument as to whether content found on the phone of a man convicted of sexual misconduct with a minor is considered obscene under an Indiana statute.
Store owner fined $45K for contempt, perjury, witness tampering
The Indiana Tax Court dismissed a case and ordered sanctions when it found a store owner committed perjury and witness tampering by attempting to influence his employees’ testimony in an investigation against him.
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.
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