Indiana Court Decisions — July 5-18, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Coerced victim’s prior statement admissible, COA affirms
A victim unavailable to appear in court because of the defendant’s coercion to remain silent does not mean admitting her prior statements is considered hearsay, the Indiana Court of Appeals affirmed Monday.
COA rules for DNR after dog killed by raccoon trap at park
A woman whose pet beagle was killed by a concealed raccoon trap in Versailles State Park has lost her bid for declaratory judgment against the Indiana Department of Natural Resources after the Indiana Court of Appeals determined the woman’s claims were moot. The court also found the dog’s sentimental value could not be considered in the calculation of damages.
COA affirms $4.8 million prejudgment interest award after $32 million verdict
The guardianship of a woman that previously received a $32.5 million jury verdict will also receive $4.8 million in prejudgment interest after the Indiana Court of Appeals found no error in the grant of the prejudgment interest award.
Equal distribution method, lack of substantial evidence leads to remand of benefits case
A lack of substantial evidence led the 7th Circuit Court of Appeals to remand a social security case filed by a woman who was denied benefits despite being severely impaired by a brain tumor.
COA: Nearly identical medical malpractice, wrongful death cases filed too late
The Indiana Court of Appeals has granted summary judgment to physicians and their hospitals in three nearly identical medical malpractice and wrongful death cases filed more than seven years after the deaths of three patients after finding the actions could have been filed years prior.
COA: Admitted evidence of prior threats reveals motive for attempted murder
After a man argued that prior threats he made against a man he repeatedly shot at two months later should not have been admitted as evidence, the Indiana Court of Appeals concluded that even if the admission of the threats was error, it would have been harmless.
Indiana Court Decisions — June 21-July 3, 2018
Read Indiana appellate court decisions from the most recent reporting period.
COA: Enhanced sentence not fundamental error
A man who sought a second resentencing after his 2003 murder convictions unsuccessfully argued that he was denied fundamental due process rights 15 years after being sentenced for four counts of murder.
COA: Husband must pay child support with interest
A husband who paid less than $200 of the child support he owed will now have to cover more than the arrearage amount after the Indiana Court of Appeals ruled the wife is also entitled to interest.
COA cautions against claiming controversy amount limits
The Indiana Court of Appeals cautioned against plaintiffs proclaiming amounts in controversy will not exceed $75,000 unless they can be held to their word when it ruled in a semitruck crash case Tuesday.
Justices toss 2 resisting convictions from triple-fatality
A wrong-way driver who caused the deaths of three adults and one unborn child while fleeing police had two of his three convictions for resisting law enforcement overturned after the Indiana Supreme Court determined state law allows only one conviction for each act of resisting.
Justices: One resisting conviction for fatal crash with injuries
The Indiana Supreme Court ruled that Indiana Code permits only one conviction of resisting law enforcement from a single incident, regardless of how many people are harmed in an accident.
COA: No error in admitting cell phone records, testimony
A man convicted of dealing narcotics and methamphetamine argued that evidence admitted from his cell phone and the opinion of a drug force detective were inadmissible, but the Indiana Court of Appeals rejected those claims Thursday.
COA: Lease damages not chargeable to tenant
A property management company sued by one of its tenants argued in court that it charged less than all the costs it incurred, but the Court of Appeals ordered the landlord to pay up, as a small claims court ruled.
Justices vacate juvenile gun adjudication as double jeopardy
Indiana Supreme Court justices affirmed in part a Marion Superior Court decision on Monday that found a 16-year-old delinquent. Justices affirmed the teen’s dangerous possession of a firearm adjudication but vacated his adjudication for carrying a handgun without a license, as both the state and defense agreed it constituted double jeopardy.
Supreme Court deals big setback to labor unions
The Supreme Court ruled Wednesday that government workers can’t be forced to contribute to labor unions that represent them in collective bargaining, dealing a serious financial blow to organized labor.
COA: Ex’s contempt order was valid but violated federal law
A trial court’s contempt order against a man who named his current wife beneficiary of his military survivor benefits was valid, even though the court’s order that the ex-husband redesignate his ex-wife violated federal law, the Indiana Court of Appeals found Tuesday.
Court upholds Trump travel ban, rejects discrimination claim
A sharply divided U.S. Supreme Court on Tuesday upheld President Donald Trump’s ban on travel from several mostly Muslim countries, rejecting a challenge that it discriminated against Muslims or exceeded his authority. A dissenting justice said the outcome was a historic mistake.
Killer’s murder, arson convictions affirmed on appeal
A Vigo County man convicted of killing a woman and then setting fires in an attempt to cover up the evidence lost his bid to have some of his convictions overturned Tuesday.