Father’s appeal dismissed as untimely
A Madison County father challenging the denial of his petition for change of custody did not timely file his appeal, so the Indiana Court of Appeals dismissed it.
Court opinions
Articles
Court upholds denial of tax exemptions
The Indiana Tax Court Tuesday ruled that the state Board of Tax Review did not err when it determined a nonprofit in Mooresville was not entitled to either a fraternal beneficiary association exemption or a charitable purposes exemption for the 2006 tax year.
Judges reduce rapist’s sentence to 165 years
The Indiana Court of Appeals Wednesday slashed 105 years from a convicted rapist’s sentence, concluding the original 270-year sentence was far outside the norm for a single episode of conduct against a single victim.
Judges uphold revocation of counselor’s license
The Indiana Court of Appeals has affirmed the decision to revoke a mental health counselor’s license after she developed a personal attachment to a patient and ignored the patient’s request to leave her alone.
Judge believes caselaw has ‘unintended consequences’ for residents, law enforcement
In a divided opinion in which the Indiana Court of Appeals affirmed a man’s resisting law enforcement finding and probation revocation, Judge Paul Mathias worried that relying on certain caselaw would have “unintended consequences” for Hoosiers and police officers.
Convictions stand related to ‘upskirt’ photographs of teens
The Indiana Supreme Court has upheld the attempted child exploitation convictions of a man who used a camera to take pictures up females' skirts at an Indianapolis mall.
Mother loses appeal of CHINS finding
The Indiana Court of Appeals rejected a mother’s argument that child in need of services findings should be vacated because the judge in the matter should not have been able to make a negative inference from her invocation of her Fifth Amendment right not to testify.
Justices take 4 cases
The Indiana Supreme Court accepted four cases on transfer last week, which included a decision on a first impression issue on whether third-party carriers are included in the statute regarding filing proposed medical malpractice complaints.
Insurance policy does not fall under Pre-Need Act
A Marion Superior Court correctly ruled that a company that sells an insurance policy with the option to assign it to a trust to use the funds for funeral services is not subject to the Pre-Need Act, the Indiana Court of Appeals ruled.
7th Circuit orders judge to reconsider dismissal of prisoner’s suit
Finding that a District Court judge should have tried to learn why an inmate had not paid his initial filing fee on a lawsuit before the judge dismissed it for nonpayment, the 7th Circuit Court of Appeals ordered the lower court to take another look at the case.
Justices: Mother entitled to attorney during CHINS proceedings
Because a mother was denied her statutory right to counsel during the course of child in need of services proceedings, and those proceedings directly flowed into the action to terminate her parental rights and adopt out her child, the Indiana Supreme Court vacated the judgment terminating her parental rights.
Injured bus driver entitled to $25,000 under his insurance policy
The Indiana Supreme Court Thursday held that a man can recover the remaining $25,000 available to him under his underinsured motorist policy because he did not receive the full statutory minimum of $50,000 from the tortfeasor’s insurer.
Court properly denied dentist’s petition for judicial review
The Indiana Court of Appeals has affirmed the denial of a dentist’s petition for judicial review of a decision by the State Board of Dentistry which found he violated Indiana Code after a patient’s wisdom teeth surgery.
Judges reverse summary judgment in collision case
It should be up to a judge or jury to determine whether a driver’s distance in relation to the vehicle in front of him had any impact on a collision between the driver and another vehicle on Interstate 65.
COA: Admittance of juvenile’s statement harmless error
The Indiana Court of Appeals was divided Thursday over whether a 12-year-old boy accused of child molesting and his mother were afforded the opportunity to have a meaningful consultation before speaking to police. The judges did agree that the boy’s adjudication should be affirmed.
Justices uphold order criminal defendant answer civil complaint
The Indiana Supreme Court Wednesday found a Lake Superior judge did not abuse her discretion in ordering a man criminally charged for the hit-and-run death of a woman to respond to her estate’s wrongful death complaint filed against him.
Justices order COA to consider man’s appeal
A man’s appeal of his aggravated battery convictions should proceed to the Indiana Court of Appeals even though the issue of restitution remains unresolved, the Indiana Supreme Court ruled Thursday.
COA: Adoption petition should remain in Superior Court
The Lake Superior Court was not required under the county’s case allocation plan to transfer an adoption petition to juvenile court where termination of parental rights proceedings are pending involving the same children, the Indiana Court of Appeals ruled Wednesday.
Elected official loses appeal in voter registration removal
A Roseland Town Council member couldn’t convince the 7th Circuit Court of Appeals that a District judge was incorrect in dismissing his lawsuit filed after he was removed from the voter registration list while incarcerated.
Mental health statute limits state’s use of juvenile statements
Indiana’s Juvenile Mental Health Statute’s limited immunity prohibits both use and derivative use of a juvenile’s statements to prove delinquency, the Indiana Supreme Court ruled. The justices were able to come to the conclusion without addressing the question of the statute’s constitutionality.