Strict liability not applicable in quarry blast case, COA affirms
Strict liability isn’t the applicable standard in a case involving a blasting company whose work caused damage at a limestone quarry, the Court of Appeals of Indiana has affirmed.
Court opinions
Articles
Opinions Sept. 29, 2023
Court of Appeals of Indiana
Israel Hernandez v. State of Indiana
23A-CR-219
Criminal. Affirms the denial of Israel Hernandez’s motion to dismiss a charging information for invasion of privacy as facially defective. Finds the charging information is not facially defective.
Uninsured motorist coverage does not apply to employee involved in crash while driving own vehicle, COA affirms
An employee involved in a crash while driving his own vehicle to work was not covered by his employer’s insurance policy, the Court of Appeals of Indiana has affirmed.
Alleged act of viewing protected person’s Instagram is sufficient for charging information, COA affirms
Allegations that a man viewed a protected person’s Instagram posts are sufficient to charge him with invasion of privacy, the Court of Appeals of Indiana affirmed Friday.
Operational default may have occurred in MOU, COA rules in reversing summary judgment
A company and its owner are not entitled to summary judgment because there is an issue of material fact as to whether an operational default occurred in its memorandum of understanding with an automotive group, the Court of Appeals of Indiana has ruled.
911 call properly admitted as evidence, COA affirms
A 911 call placed by a witness who didn’t actually testify was properly admitted, the Court of Appeals of Indiana has affirmed, also finding sufficient evidence.
COA reverses transfer of venue in adoption case
A trial court improperly transferred venue in an adoption case, the Court of Appeals of Indiana ruled in a Thursday reversal.
Opinions Sept. 28, 2023
Court of Appeals of Indiana
Elijah Colon Cruz v. State of Indiana
22A-CR-383
Criminal. Affirms Elijah Colon Cruz’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Marion Superior Court did not abuse its discretion in the admission of evidence. Also finds sufficient evidence supported the conviction.
COA affirms, reverses trial courts’ judgments on what can be submitted to medical review panels
Plaintiffs claiming they were injured by steroid injections are not entitled to summary judgment on their state or federal prescription-law claims, the Court of Appeals of Indiana has ruled.
Man who shot into neighbor’s house loses appeal of convictions, sentence
A man who shot a gun into his neighbor’s house has failed in his attempt to convince the Court of Appeals of Indiana to overturn his convictions or five-year sentence.
No error occurred in allowing jury to view previously viewed exhibits in robbery case, COA affirms
A trial court’s decision to allow a jury to view four previously viewed exhibits in a felony robbery trial did not constitute fundamental error, the Court of Appeals of Indiana affirmed Wednesday.
Man failed to show statutory requirements for expungement of DCS records that proved juvenile child molesting allegations, COA affirms
Indiana law didn’t back up a man’s contention that a trial court should expunge Indiana Department of Child Services records substantiating his molestation of his sisters, the Court of Appeals of Indiana affirmed Wednesday.
Opinions Sept. 27, 2023
Ricky L. Wilson v. State of Indiana
22A-CR-2837
Criminal. Affirms Ricky Wilson’s convictions of Level 5 felony criminal recklessness, Level 6 felony escape and Level 6 felony possession of cocaine, and his sentence to four years executed with one year suspended to probation. Finds sufficient evidence to support the convictions. Also finds Wilson’s sentence is not inappropriate.
Indiana Court Decisions: Sept. 7-20, 2023
Read the latest Indiana appellate court decisions from the most recent reporting period.
Company’s repairs of damaged outdoor billboard did not result in sign being ‘relocated,’ IN Supreme Court affirms
A Noblesville ordinance’s language for sign relocation was ambiguous with its usage of “relocate” and “move,” the Indiana Supreme Court affirmed Monday in upholding a trial court’s judgment in favor of an outdoor signage company.
IN Supreme Court finds hospital entitled to partial summary judgment on negligence claim, but not public disclosure, after patient’s diagnosis was posted to social media
A hospital sued after a woman’s diagnosis was mailed to the wrong person and subsequently posted to social media secured a partial victory at the Indiana Supreme Court.
COA: Trial court committed reversible error in not setting case for jury trial
A trial court committed reversible error when it proceeded to a bench trial rather than setting the case for a jury trial after the defendant was discharged from a pretrial agreement, the Court of Appeals of Indiana has ruled.
COA remands for fuller analysis of woman’s Medicaid eligibility
An administrative law judge’s analysis of a woman’s irrevocable trust as it relates to her Medicaid nursing home benefits eligibility was incomplete, the Court of Appeals of Indiana ruled in a Tuesday reversal.
Opinions Sept. 26, 2023
Court of Appeals of Indiana
Maggie E. Winans v. State of Indiana
23A-CR-80
Criminal. Reverses Maggie Winans’ convictions of Class A misdemeanor domestic battery and Class A misdemeanor resisting law enforcement. Finds the Cass Superior Court committed reversible error when it failed to reset the matter for a jury trial after Winans’ pretrial diversion agreement was terminated. Remands for a jury trial.
Split IN Supreme Court rules state law limits corporate contributions to super PACs
Indiana election law’s silence on corporate contributions to independent-expenditure political action committees means such contributions are prohibited or otherwise limited, a split Indiana Supreme Court has ruled.