Court rules in favor of state in taking of property for I-69
For the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in southwestern Indiana for construction of Interstate-69.
Court opinions
Articles
Judges order Social Security Administration to take another look at man’s claim
The 7th Circuit Court of Appeals has reversed the denial of a man’s request for disability benefits from the Social Security Administration because it found the administrative law judge didn’t adequately explain why the man hadn’t met requirements for a presumptive disability.
Court upholds imposition of court costs
The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.
COA split over whether DCS has authority to interview sibling
An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.
Criminal recklessness code covers firing gun into car
A car is a “place people are likely to gather,” the Indiana Court of Appeals ruled Tuesday, unanimously affirming a Class C felony criminal recklessness conviction and eight-year sentence for a man who fired a gun into car in which a former gang ally was a passenger in Goshen.
COA finds church member’s lack of brotherly love not sufficient to uphold conviction
A criminal conviction that resulted from church member’s demand for quiet during a worship service has been overturned by the Indiana Court of Appeals on the grounds that the evidence was insufficient to sustain the conviction.
Divided appeals court tosses Boonville annexation
The Indiana Court of Appeals reversed a trial court decision that upheld an annexation by the city of Boonville, finding that the trial court erred in counting separate state-owned parcels of a highway for purposes of remonstrance.
COA will not reweigh California environmental cleanup decisions
The Indiana Court of Appeals ruled Tuesday that it would not reweigh California court decisions in favor of insurers who had no responsibility to cover environmental cleanup costs at former Thomson plants.
Court of Appeals reverses and remands inmate’s request for kosher meals
A Pendleton Correctional Facility inmate will not be able to collect monetary damages against employees of the Indiana Department of Correction, but his request for kosher meals will get a second review.
Divided appeals court affirms disabled firefighter’s enhanced PERF benefit
A Brownsburg firefighter is entitled to disability benefits that a trial court enhanced after an appeal from the local pension board, a divided court of appeals panel ruled Tuesday.
Divided court affirms sentence that exceeds statutory authority
A man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the term, a divided Court of Appeals ruled Tuesday.
Indiana farmer’s tangle with seed producer over patent infringement gets SCOTUS review
The Supreme Court of the United States has agreed to review a federal appeals court decision regarding patent infringement in a case involving an Indiana farmer and a seed producer.
Weinberger seeks sentence of time served
Former Merrillville ear, nose and throat doctor Mark Weinberger on Monday asked a federal court to sentence him to time served for the 22 counts of health care fraud to which he pleaded guilty.
Justices tackle home foreclosure issue involving MERS
Indiana Justice Mark Massa, writing for the court Thursday, delved into the history of the Mortgage Electronic Registration Systems Inc. and its role in today’s mortgage industry in a case involving a foreclosed home in Madison County.
Appeals court affirms rejection of HOA ‘abusive junk fee’
A Morgan County man who took no action to defend a judgment in his favor nevertheless prevailed in the Indiana Court of Appeals on Friday. The judges upheld a trial court ruling that rejected a homeowners association charge it called an “abusive junk fee.”
Death row inmate’s habeas petition denied
A federal judge in South Bend has denied a death row inmate’s request for habeas corpus, rejecting the man’s claims that he is mentally retarded and, therefore, cannot be sentenced to death.
7th Circuit rules against fired animal shelter worker
The 7th Circuit Court of Appeals has affirmed summary judgment for the city of Jeffersonville after finding that a terminated employee’s lawsuit claiming her firing violated the Americans with Disabilities Act can’t proceed because the woman doesn’t qualify as “disabled” under the ADA.
Defendant’s argument should be made to rules committee
In affirming the denial of a man’s motion to suppress statements he made to an officer at a gas station, the Indiana Court of Appeals pointed out that his arguments pertaining to Indiana Evidence Rule 617 would be better presented to the Evidence Rules Review Committee.
Judges find no misconduct by hospital
The Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case – prior to trial.
Fraternity pledge loses appeal involving alleged hazing incident
Two Indiana Court of Appeals judges found that an incident involving “showering” at a Wabash College fraternity in 2007 – which led to injuries to a freshman pledge – were not considered hazing under Indiana law. Judge Nancy Vaidik, who dissented, found the majority’s view of pledging and hazing “far too restrictive.”