Indiana Court Decisions: Oct. 19-Nov. 1, 2023
Read Indiana court decisions from the most recent reporting period.
Court opinions
Articles
O’Gallagher: The effect of termination on workers’ compensation
Masterbrand Cabinets v. Douglas Waid deals with an issue that comes up very often in Indiana workers’ compensation. It is a question for which there has not been clear legal standards, certainly before this decision, and arguably still currently.
Joint IU Maurer, McKinney symposium to focus on implications of Sackett Clean Water Act decision
A May decision from the U.S. Supreme Court that narrowed environmental regulations on wetlands not connected to larger bodies of water will be the focus of an upcoming joint symposium hosted by IU Maurer and IU McKinney.
Opinions Nov. 6, 2023
Court of Appeals of Indiana
Brandon E. Klein v. Leanne Salatas (mem. dec.)
23A-DR-1640
Domestic relations. Affirms Lake Superior Court’s denial of Brandon Klein’s motion to set aside the default judgment entered against him on pending motions in the child custody proceeding. Finds the trial court did not abuse its discretion when it denied Klein’s Trial Rule 60(B) motion. Also finds father should have pursued a direct appeal from the trial court’s denial of his motion to correct error.
Justices to hear arguments Wednesday in ‘unprecedented revision’ of invasion of privacy sentence
The Indiana Supreme Court will hear oral arguments Wednesday in a case involving a man who was convicted of 10 counts of misdemeanor invasion of privacy but whose sentence was sharply reduced by a split Court of Appeals of Indiana.
Opinions Nov. 3, 2023
Court of Appeals of Indiana
Dustin J. McKee v. State of Indiana (mem. dec.)
23A-CR-549
Criminal. Affirms Dustin McKee’s conviction for murder and aggregate 83-year sentence in the Elkhart Circuit Court. Finds any instructional error was invited. Also finds the evidence is sufficient to rebut McKee’s claim of self-defense and to negate sudden heat. Finally, finds his aggregate sentence is not inappropriate.
No error in sentencing enhancement for man with prior conviction, 7th Circuit affirms
A district court did not plainly err in applying a sentencing enhancement to a man who pleaded guilty to distributing drugs, the 7th Circuit Court of Appeals has ruled.
COA affirms dismissal of insurance dispute for lack of jurisdiction
A worldwide retailer’s complaint against its insurer will not continue in Indiana state court after the Court of Appeals of Indiana affirmed dismissal for lack of personal jurisdiction.
Murder, attempted robbery convictions upheld after shooting during marijuana deal
Despite an improper jury instruction, the Court of Appeals of Indiana has upheld murder and attempted robbery convictions in a case involving a drug deal turned deadly.
Appellate court rejects constitutional arguments, upholds drug convictions
The Court of Appeals has declined to overturn a man’s methamphetamine-related convictions, rejecting the man’s argument that the search of his vehicle violated his constitutional rights.
Opinions Nov. 2, 2023
Indiana Supreme Court
In the Matter of Theodore E. Rokita
23S-DI-258
Attorney discipline. Publicly reprimands Indiana Attorney General Todd Rokita for violating Indiana Professional Conduct Rules 3.6(a) and 4.4(a) by making an extrajudicial statement that had a substantial likelihood of materially prejudicing an adjudicative proceeding and had no substantial purpose other than to embarrass or burden Dr. Caitlin Bernard. The costs of the proceeding, $250, are assessed against Rokita. Chief Justice Loretta Rush and Justice Christopher Goff dissent without separate opinion, finding the discipline too lenient based on Rokita’s position and the scope and breadth of the admitted misconduct.
Rokita reprimanded for comments about Dr. Bernard
The Indiana Supreme Court has publicly reprimanded Attorney General Todd Rokita for comments he made about Dr. Caitlin Bernard, the OB-GYN at the center of a controversy over abortion rights in Indiana.
Opinions Nov. 1, 2023
Court of Appeals of Indiana
Frank Garber v. Robert Blair (mem. dec.)
23A-CT-953
Civil tort. Affirms the judgment in favor of Frank Garber on his counterclaim against Robert Blair in which Garber sought to foreclose on Blair’s mortgage and recover damages for breach of contract. Finds Garber has not shown any error in the Kosciusko Circuit Court awarding him $100,200 plus $5,000 in attorney fees.
Benched basketball player denied injunction against coach for ‘slight, speculative’ harms
A federal judge has denied a benched girls basketball player’s request for a preliminary injunction against her coach and school district, determining the teen’s alleged harms are “slight, speculative, and economic.”
COA affirms jury verdict in favor of home sellers accused of fraudulent misrepresentation
A couple alleging fraudulent misrepresentation in their purchase of a home has failed to convince the Court of Appeals of Indiana that the jury was improperly instructed or that the verdict in favor of the sellers was not supported by the evidence.
Opinions Oct. 31, 2023
Indiana Supreme Court
State of Indiana v. $2,435 in United States Currency and Alucious Q. Kizer
23S-CR-72
Criminal. Affirms the Allen Circuit Court’s order vacating its previous order granting the state’s motion to strike Alucious Kizer’s demand for a jury trial. Finds a claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury. Remands for a jury trial.
Disabled daughter’s disability benefits can’t be used to offset father’s child support obligation, COA affirms
Addressing a child support dispute for the second time on appeal, the Court of Appeals of Indiana has rejected a father’s argument that his disabled daughter’s disability benefits should be used to offset his child support obligation.
No error in granting receiver’s turnover motion after deposits in out-of-state bank account, COA affirms
A trial court did not err in issuing a turnover order to obtain assets in a case involving millions of dollars in promissory notes, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
IN justices: Civil forfeiture defendants have constitutional right to jury trial
Defendants to civil forfeiture actions have a constitutional right to trial by jury in Indiana, the state Supreme Court has ruled.
State not entitled to ITCA immunity in case of woman injured on redesigned highway, COA affirms
The state of Indiana isn’t entitled to immunity in a case involving a woman who was paralyzed after stopping at the scene of an accident on a highway, the Court of Appeals of Indiana has affirmed.