Court opinions - The Indiana Lawyer

Opinions Jan. 9, 2017

January 9, 2018

Indiana Court of Appeals
Robert Wilder v. State of Indiana
49A02-1706-CR-1420
Criminal. Affirms Robert Wilder’s conviction of battery resulting in bodily injury as a Class A misdemeanor and the term of his probation that prohibits him from possessing a firearm. Finds the Marion Superior Court did not commit fundamental error by failing to sua sponte exclude Det. Kevin Duley’s testimony under Rule of Evidence 704(b) because Wilder “opened the door” to that testimony. Also finds the trial court did not abuse its discretion when it imposed the probation condition because the condition does not violate the Second Amendment or Article 1, Section 32 of the Indiana constitution.

Appeals court reverses ruling for Anthem in claim denial

January 4, 2018

Indianapolis-based Anthem Insurance has lost a ruling in its favor after the Indiana Court of Appeals reversed Thursday and determined the insurer should have covered a doctor’s medical expenses incurred during his grace period for late premium payments.

Indiana gambler loses in tax court

January 2, 2018

In a case of first impression, a northwest Indiana man failed to convince the Indiana Tax Court that his blackjack playing was how he earned his living and, therefore, he should be eligible for certain gambling-related deductions from his state income taxes.

Summary judgment for gastroenterologist affirmed

December 29, 2017

The Indiana Court of Appeals has affirmed summary judgment for a gastroenterologist who was alleged to have committed malpractice by not informing a patient of the criteria for a liver transplant. The court ruled Friday the patient’s estate failed to prove their claim should be allowed to proceed after a seven-year delay in its filing.

Ruling: Menards founder’s ex-fiancee doesn’t deserve ownership

December 29, 2017

The Wisconsin Supreme Court ruled Friday that the founder of the Menards building supply stores doesn’t owe his former fiancee an ownership interest in the company.

7th Circuit affirms ruling for employer on discrimination claims

December 28, 2017

Indiana’s Southern District Court properly granted summary judgment to a black man on a discrimination case against his former employer after finding the man failed to prove his termination was based on discriminatory practices, the 7^th Circuit Court of Appeals has ruled.

COA rejects murderer’s ineffective counsel arguments

December 27, 2017

The Indiana Court of Appeals has upheld the denial of a murderer’s post-conviction relief petition, finding neither his trial nor his appellate counsel provided ineffective assistance.

Divided Supreme Court reverses habitual offender enhancement

December 22, 2017

A divided Indiana Supreme Court reversed a man’s habitual offender enhancement Thursday after determining his two prior Illinois convictions were statutorily considered Level 6 felonies, thus disqualifying the enhancement. The dissenting justice, however, found ambiguity in the statutes at issue.

Justices: 2015 habitual offender law set 10-year limit for past low-level felonies

December 22, 2017

The 2015 version of Indiana’s habitual offender statute requires an offender to have been released from all lower-level felonies within 10 years to establish a habitual offender enhancement, the Indiana Supreme Court. Justices reversed a trial court that overruled a reversal of a defendant’s objection to his habitual offender charges.

School district cleared after teacher convicted of child seduction

December 15, 2017

A northern Indiana school corporation has been cleared of legal wrongdoing in the events leading up to the arrest of a high school teacher who was having a sexual relationship with a student. A district court judge granted the school district’s motions for summary judgment on Thursday.

COA reduces contempt sentence from 910 days to 6 months

December 14, 2017

The Marion Superior Court must reduce a man’s sentence for criminal contempt of court to six months in order to comply with his Sixth Amendment rights and U.S. Supreme Court precedent, the Indiana Court of Appeals has ruled.

High Court reverses Tax Court ruling in Goff’s first opinion

December 13, 2017

In the first opinion written by Indiana’s newest Supreme Court justice, the high court struck down Wednesday a Tax Court ruling that found an Indianapolis food freezing company did not engage in direct production of new tangible personal property.

7th Circuit upholds Armed Career Criminal Act sentence

December 11, 2017

An Indiana man sentenced to 15 years under the Armed Criminal Career Act has lost his appeal of his sentence after the 7th Circuit Court of Appeals determined he met the requirements of three prior violent offenses to warrant the Act’s mandatory 15-year minimum.

COA vacates carrying a handgun without a license adjudication

December 8, 2017

A juvenile adjudicated as a delinquent for two handgun-related offenses will have one of those adjudications vacated after the Indiana Court of Appeals found a lack of statutory authority to support the adjudication.

Law school graduate’s case won’t be heard

November 17, 2017

A federal judge has reaffirmed his decision not to hear a law school graduate’s case against the members of the Indiana Board of Law Examiners, declining to grant a motion for reconsideration based on a finding that the board’s proceedings against him were not in bad faith.

COA reverses directed verdict in OB-GYN’s favor

November 17, 2017

A northern Indiana trial court must revisit the issue of whether a doctor adequately informed his patient of the risks associated with having a natural birth after the Indiana Court of Appeals reversed a grant of a directed verdict in the doctor’s favor on the issue of informed consent.

Justices to review who can waive rights of mentally ill

November 14, 2017

The Indiana Supreme Court will decide whether trial courts have authority to waive respondents’ rights to be present at their mental health commitment hearings after granting transfer to a case in which a man was not present for his commitment hearing.

District court won’t enter judgment against Cuban government in sexual assault case

November 10, 2017

A district court judge has declined to enter default judgment against the Republic of Cuba on an Indiana woman’s claim against the foreign nation after finding members of the Cuban National Soccer Team were not acting within the scope of their employment for the country when they sexually assaulted her.

Magistrate judge slams ‘troubling trend’: lawyers ignoring orders

November 3, 2017

Note to lawyers with cases in the Southern District of Indiana: don’t give the overworked judicial officers cause to call you out for missing deadlines or shrugging off orders. Magistrate Judge Tim A. Baker did just that in a blistering two-page order issued Friday.

COA grants summary judgment to contractors protected by subrogation waiver

October 31, 2017

An insurance company cannot seek reimbursement from two contractors on a claim it paid on behalf of its insured because the insured’s contract with the contractors contained a subrogation waiver that bars the insurer’s negligence claim, the Indiana Court of Appeals ruled Tuesday.

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