COA: Vectren projects fail to meet TDSIC requirements
The Indiana Court of Appeals has pulled the plug on a power company’s plan to hike rates without allowing the public to view and comment on the proposal.
Court opinions
Articles
OWI charge vacated on double jeopardy concerns
A divided Indiana Court of Appeals has reversed one count of operating while intoxicated against a Columbus man, finding that merging the two counts together for sentencing purposes does not satisfy double jeopardy concerns.
COA reverses protective order on basis of res judicata
In a case that Indiana Court of Appeals Judge Rudolph Pyle described as a “prime example of forum shopping,” the appellate court has reversed the grant of a petitioner’s third petition for a protective order because the petition is barred by the doctrine of res judicata.
7th Circuit affirms summary judgment to casino employees
The 7th Circuit Court of Appeals has affirmed summary judgment for two security agents at a northern Indiana casino, finding the plaintiff’s argument that she never received a copy of the motion for summary judgment unpersuasive.
Supreme Court: General contractor assumed duty to sub-subcontractor through contract
A general contractor assumed a non-delegable duty of care to the employee of a sub-subcontractor through its contractual language, the Indiana Supreme Court decided Wednesday, reversing summary judgment to the general contractor on the issue of duty.
Laid-off DOC teachers get partial victory in appeal challenging protocol
The Indiana Department of Correction followed appropriate protocol when it laid off several institutional teachers in 2009, a divided Indiana Court of Appeals found Wednesday. The court did find, however, the DOC erred in the process of selecting those employees for re-employment in other positions.
COA reverses dissolution decree imputing potential income to mother
A divided Indiana Court of Appeals has reversed the terms of a marriage dissolution decree, finding the trial court erred in imputing potential income to the mother based on the fact that she should now be able to work full-time because her children are older.
Divided justices: Statute provides immunity to firearms sellers
Holding that state statute immunizes firearms sellers from damages claims brought after a third party misuses a gun purchased from their stores, a divided Indiana Supreme Court has dismissed a series of damages claims against an Indianapolis gun store. The justices did allow a claim for equitable relief to continue.
Justices affirm denial of PCR to man whose attorney called him a ‘Negro’
The Indiana Supreme Court has affirmed the denial of post-conviction relief to a man who said his attorney prejudiced him by referring to him as a “Negro” during the selection of jurors, but noted that the Court of Appeals misstated the legal standard of prejudice it applied when making its decision.
Justices: Colorado policy on court fees unconstitutional
The Supreme Court of the United States ruled Wednesday that Colorado's practice of not automatically refunding court fees and other costs to people convicted of crimes but later exonerated violates the Constitution.
Appellate court interprets amended habitual offender statute
The Indiana Court of Appeals, after finding the language of the habitual offender statute doesn’t support either the defendant’s or the state’s interpretation, reversed the denial of the defendant’s objection to his habitual counts and ordered the trial court to review the matter.
COA affirms confidentiality of deposition in litigation between Greek brothers
Discovery materials protected in Indiana courts under a protective order cannot be used in litigation between two brothers in Greece, the Indiana Court of Appeals held Wednesday.
COA reduces woman’s OWI conviction, orders new hearing on fees
A trial court did not properly determine whether a woman had the ability to pay fees owed after being convicted of a misdemeanor drunken-driving charge, so the Indiana Court of Appeals ordered the case back to the trial court. The judges also ordered her conviction reduced based on the evidence presented at trial.
COA: Signatures do not have to take a specific form
A man who drove too fast and was given an electronic speeding ticket failed to convince the Indiana Court of Appeals that all signatures are not the same.
Questions exist as to whether Clarksville home violates neighborhood covenants
Summary judgment was prematurely granted to a Clarksville homeowner sued by his neighbors for allegedly violating the neighborhood’s restrictive covenants, the Indiana Court of Appeals ruled Tuesday.
COA: Parties stipulation shows easement is necessary
In a dispute between neighbors, the Indiana Court of Appeals affirmed a private property owner had to allow part of his land to be used to give access to a tract of land owned by a business.
7th Circuit: Title VII includes sexual orientation
The 7th Circuit Court of Appeals made history when it ruled in early April that Title VII does prohibit discrimination based on sexual orientation. But whether that opinion becomes the inspiration for other circuits to make similar findings has yet to be seen.
US Supreme Court rejects bid by detained asylum seekers
The Supreme Court of the United States has rejected an appeal from detained immigrant mothers and their children who claim they will be persecuted if they are returned to their Latin American homelands.
New Castle Schools negligence case headed to trial
The Indiana Court of Appeals has reversed summary judgment in case stemming from an altercation in a New Castle career program, finding that genuine issues of material fact remain as to whether the school was negligent.
Appellate court affirms teenager’s delinquency adjudication
The Marion Superior Court properly adjudicated an Indianapolis teenager as a delinquent on theft and trespassing charges, the Indiana Court of Appeals decided Thursday, holding the court’s true findings were supported by sufficient evidence.