Grandfather can proceed with visitation petition, COA rules in reversal
A grandfather may proceed with his petition for visitation with his grandchild, the Court of Appeals of Indiana has ruled in reversing the dismissal of that petition.
Court opinions
Articles
IN justices grant transfer in 2 cases, deny case that split COA over new double jeopardy rules
Indiana Supreme Court justices granted transfer to two cases last week, including one involving a woman who sued a Red Lobster restaurant for negligence after tripping on an unmarked elevated portion of the restaurant’s floor.
7th Circuit orders district court to review injured inmate’s restitution modification request
A district court must consider on the merits an inmate’s request to modify the terms of his restitution obligation, the 7th Circuit Court of Appeals has ruled.
COA allows nurse’s med-mal complaint against doctor to continue
A nurse who contracted a skin infection through her work at a Hobart hospital can pursue a medical malpractice complaint against a physician, the Court of Appeals of Indiana ruled in a Thursday reversal.
Opinions Nov. 9, 2023
Thursday opinions
Court of Appeals of Indiana
Laurie Gardner v. Anonymous Physician
23A-CT-345
Civil tort. Reverses the Lake Superior Court’s order dismissing Laurie Gardner’s medical malpractice complaint against Anonymous Physician based on Indiana Trial Rule 12(B)(1) for lack of subject-matter jurisdiction. Finds that while Gardner may not proceed against Anonymous Physician based on his treatment of another patient or his actions as a medical director at the hospital, she may pursue a medical malpractice action related to any treatment she received from Anonymous Physician for her workplace injury. Remands for further proceedings.
Man convicted of murder of pregnant Indy pastor’s wife loses appeal
The man convicted of the 2015 murder of a pregnant Indianapolis pastor’s wife has lost his argument on appeal that inadmissible statements to law enforcement undercut his convictions of murder and other charges.
Minnesota Supreme Court dismisses ‘insurrection clause’ challenge, allows Trump on primary ballot
Former President Donald Trump will stay on the Minnesota primary ballot after the state Supreme Court on Wednesday dismissed a lawsuit seeking to end his candidacy under a rarely-used constitutional provision.
Opinions Nov. 8, 2023
Court of Appeals of Indiana
In the Matter of the Adoptions of S.S. and A.S. M.S. (Mother) v. Dr.S. and De.S. (mem. dec.)
23A-AD-1237
Adoption. Reverses the issuance of an adoption decree for mother M.S.’s two children. Finds the issuance of the Decree of Adoption was premature. Also finds the Morgan Superior Court did not err in concluding that adoptive grandparents Dr.S. and De.S. proved by clear and convincing evidence that for at least one year, M.S. failed without justifiable cause to communicate significantly with the children when able to do so. Remands.
Indiana Court Decisions: Oct. 19-Nov. 1, 2023
Read Indiana court decisions from the most recent reporting period.
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.