Indiana Court Decisions — May 10-22, 2018
Read Indiana appellate decisions from the most recent reporting period.
Court opinions
Articles
COA upholds 6-year stalking sentence for ex’s break-in, threat
A Ripley County man who broke into his ex-wife’s home by climbing on the roof and cutting through the drywall with razor blades has lost his appeal of his six-year sentence for convictions of intimidation and invasion of privacy, with the Indiana Court of Appeals rejecting his argument that the sentence is inappropriate.
Negligence suit from bicyclist hit by officer’s car remanded for trial
A negligence case against the town of Chesterton and the Porter County Drug Task Force must proceed to trial after the Indiana Court of Appeals ruled there was a genuine issue of material fact as to whether the plaintiff who brought the case was contributorily negligent in the bicycle-vehicle accident.
7th Circuit upholds LWOP sentence for convicted murderer
An Indiana man convicted of murdering his ex-wife with a crowbar will continue to serve his life without parole sentence after the 7th Circuit Court of Appeals denied the habeas relief he sought on the basis of ineffective assistance of trial counsel.
Grandmother can’t bring child wrongful death suit, COA rules
A woman who claimed to be her grandson’s de facto custodian failed to convince the Indiana Court of Appeals that she had standing to bring a suit on the child’s behalf after he and his mother perished in an apartment fire.
Man’s contempt order for bail violation reversed on appeal
A northern Indiana trial court’s contempt order against a man who violated a condition of bail was an abuse of discretion, the Indiana Court of Appeals ruled Wednesday, reversing the order.
Insurer loses appeal in home-health worker crash case
An insurance dispute over who should pay for a bicyclist’s injuries sustained after he was struck by a vehicle driven by a home health aide will continue after an appeals court ruling that left the question open for now.
Supreme Court greenlights driver rights in rental car case
The U.S. Supreme Court ruled Monday that people who borrow rental cars from friends or family are generally entitled to the same protections against police searches as the authorized driver.
Supreme Court rules for inmate whose lawyer conceded guilt
The Supreme Court ruled Monday that a lawyer for a criminal defendant cannot override his client’s wish to maintain his innocence at trial, even if the lawyer’s aim is to avoid a death sentence.
COA finds warehouse not liable for cargo-related deaths
An Indianapolis-based warehouse facility has been cleared of liability in a tractor-trailer accident that killed three and injured one after the Indiana Court of Appeals found the warehouse had neither a contractual nor a common law duty to the victims.
Supreme Court makes legal sports betting a possibility
The U.S. Supreme Court struck down a federal law Monday that bars gambling on football, basketball, baseball and other sports in most states, giving states the go-ahead to legalize betting on sports. Indiana was among the states pushing for the decision.
Appeals court orders Yorktown clerk-treasurer’s removal
The Indiana Court of Appeals has ordered the removal of the Yorktown clerk-treasurer from office after determining that her failure to properly reconcile the town books for four consecutive years warranted her removal. In response, the elected office holder has pledged to take her case to the Indiana Supreme Court.
Court reverses doctor’s $1M defamation award against CVS
An Indianapolis doctor awarded $1.025 million in defamation damages against CVS after a federal jury trial lost it all Thursday when the 7th Circuit Court of Appeals reversed the decision. The panel ordered a new trial on greatly reduced claims for damages.
Murder convictions upheld after dismissed juror feared for safety
A Lake County woman’s murder convictions were upheld Thursday in a case where a juror was dismissed after telling fellow jurors and the court he feared for his safety. The ruling also created split opinions in the Indiana Court of Appeals on the rights of defendants to speak.
Appellate court upholds contempt finding against mother
A Marion County mother was unsuccessful in her attempt to seek relief from an order finding her in contempt of court for interfering with her ex-husband’s parenting time, with the Indiana Court of Appeals finding she failed to develop a cogent appellate argument.
COA upholds admission of marijuana found in home
A multi-count drug trial against an Indianapolis man will continue with evidence obtained from a search of the man’s home after the Indiana Court of Appeals ruled there was probable cause to issue for a search warrant.
Attorney General argues reference to ISIS was not prosecutorial misconduct
Indiana Attorney General Curtis Hill is asking the Indiana Supreme Court to review a case involving two Middle Eastern immigrants and references to terrorism which raises both a question of prosecutorial misconduct and an issue of first impression.
Justices to consider absentee juvenile adjudication that split COA
The Indiana Supreme Court will hear an appeal of a juvenile case in which a missing delinquent teen received another delinquency adjudication and was found to be in violation of probation after a court hearing where he was not present.
Justices to hear appeal of daughter disinherited from estate
The Indiana Supreme Court will hear an appeal from a Spencer County woman who claims she was disinherited by her stepmother from her father’s estate, from which her stepmom’s son later derived more than $3 million in mineral rights revenue from West Virginia properties he inherited.
COA transfers daycare negligence case to Hendricks County
A negligence case against a Hendricks County church daycare accused of causing an infant’s catastrophic brain injury must be transferred to Hendricks County after the Indiana Court of Appeals determined the trial court erred in finding Marion County was a preferred venue.