COA upholds Hamilton County utility rate increase
The Indiana Court of Appeals ruled in favor of a Hamilton County public utility seeking to have affiliate expenses included in its sewer utility rate calculation.
Court opinions
Articles
Court properly suppressed man’s statements to officers, COA rules
A man who told police officers questioning him about a molestation allegation that he was “done with answering questions” will have his statements suppressed at trial after the Indiana Court of Appeals affirmed the trial court’s ruling Thursday.
COA chastises court for magistrates repeatedly entering final judgments
A southern Indiana trial court that has been repeatedly advised by the Indiana Supreme Court that magistrate judges may not sign the court’s findings and conclusions was told again by the Indiana Court of Appeals on Wednesday in a CHINS case to stop the practice.
COA upholds probation revocation based in part on failed conviction
The Indiana Court of Appeals found no violation of due process and sufficient evidence supported the revocation of a man’s probation for allegedly committing child molesting, even though he was acquitted on that charge.
Challenge to alcohol permit presents issue of first impression
A liquor store seeking to challenge the type of alcohol permit awarded to a Hamilton County specialty food store does not have standing to pursue judicial review under the Administrative Orders and Procedures Act, the Indiana Court of Appeals ruled in a first impression case.
Indiana court has jurisdiction over Michigan man who didn’t pay for seed
Over a Michigan man’s objections, the Indiana Court of Appeals affirmed that a feed and farm supply store in northern Indiana can sue him for an unpaid bill in Indiana.
COA affirms turnover of tax sale surplus funds
A man who loaned money nearly 10 years ago to a company in exchange for a mortgage security interest in some real estate is entitled to the surplus funds from a tax sale involving that land, the Indiana Court of Appeals held Tuesday.
Reversal: Women may sue Evansville, Fort Wayne over police sex assaults
Two women who were sexually assaulted in separate cases by on-duty police in Evansville and Fort Wayne prevailed on appeal in their civil lawsuits against the cities Friday after trial courts had ruled in favor of the municipalities.
Widow wrongly denied hearing challenging late spouse’s will
A long-married Terre Haute woman who received just a small portion from her husband’s will when he died was wrongly denied her day in court, the Indiana Court of Appeals ruled Wednesday.
First impression: Court may consider facilitated communication
The Indiana Court of Appeals in an issue of first impression Wednesday affirmed a trial court ruling that allowed a disabled minor to testify in a civil trial using facilitated communication.
District court must vacate convictions, sentences on child porn conspiracy charges
A federal judge in Indianapolis must vacate two men’s convictions and sentences on charges of conspiracy to distribute child pornography and to sexually exploit a child after the 7th Circuit Court of Appeals determined those convictions should have been merged with a child-exploitation enterprise conviction.
7th Circuit: Ex-owner did not breach noncompete clause by assisting distributor
The 7th Circuit Court of Appeals has settled a dispute between two competing companies previously owned by the same man, finding the former owner did not breach the noncompete clause by providing assistance to one of the companies.
7th Circuit orders resentencing on drug conviction after finding no speedy trial violation
A Bloomington man convicted of a drug charge after his attempt to rob a purported drug stash house will be resentenced on that charge after the 7th Circuit Court of Appeals ruled the government didn’t prove the drug quantity it attributed to him.
Woman who started fight outside bar responsible for victim’s medical bills
A Chicago woman who got kicked out of a bar and instigated a confrontation with a bouncer must pay for the medical bills the man sustained as a result of being attacked by her friends, the Indiana Court of Appeals ruled Tuesday.
Summary judgment affirmed for machine rental company in negligence case
A machine rental company did not owe a duty to train or offer to train a man who later died while using the boom lift on how to use the equipment and, thus, was entitled to summary judgment on a negligence claim brought by his estate, the Indiana Court of Appeals has ruled.
7th Circuit affirms summary judgment for INDOT on ADA discrimination claim
A former employee of the Indiana Department of Transportation failed to prove he was fired due to his post-traumatic stress disorder diagnosis, so a district court judge properly granted INDOT summary judgment on the employee’s discrimination claims, the 7th Circuit Court of Appeals determined Monday.
COA: Habitual substance offender enhancement illegal on non-substance-related conviction
A man convicted of attempted residential entry will get a new sentence after the Indiana Court of Appeals determined the trial court erroneously imposed a habitual substance offender enhancement on a non-substance-related conviction.
Class action granted in Pulaski courthouse ADA suit
A federal judge has certified a class action in an Americans With Disabilities Act lawsuit alleging the Pulaski County courthouse in Winamac is not accessible to people with disabilities.
Court upholds jury verdict for 8 fired Anderson workers
Eight fired city of Anderson employees who won a $731,994 damages award after a jury trial successfully rebuffed the former mayor’s request for judgment overturning the verdict or a new trial.
COA affirms 20-year sentence for man convicted of firearm, drug felonies
The Indiana Court of Appeals has affirmed a 20-year sentence imposed on a man convicted of illegally possessing a firearm and driving children in car while under the influence of various drugs, finding the trial court did not abuse its discretion in considering aggravators and that the sentence is not inappropriate.