Court splits over sentence modification
The Indiana Court of Appeals was divided over whether a man could challenge his sentence following a guilty plea. One judge maintained that the defendant did not consent to his illegal sentence.
Court opinions
Articles
Burglary conviction was impermissible double jeopardy
Because some of the facts establishing the elements of a Class A felony burglary conviction also established all of the essential elements of the Class B felony burglary conviction, the Indiana Court of Appeals ordered one conviction be vacated due to double jeopardy.
Court upholds finding woman isn’t totally disabled
Because a woman failed to seek appellate review of the decision by the Worker’s Compensation Board of Indiana that she was not permanently and totally disabled, she waived any claim of error related to that decision, the Indiana Court of Appeals has ruled.
Judges affirm denial of post-conviction relief
The Indiana Court of Appeals found a man’s double jeopardy claims were without merit, so his trial and direct appeal attorneys’ failure to raise these claims created no prejudice.
Court rules on child support, parenting time modifications
The Indiana Court of Appeals has ruled on a case involving parenting time and child support issues between a mother and father.
Judges: injuries from crash on public road not covered
The Indiana Court of Appeals has upheld a decision by the state worker’s compensation board that denied a security guard’s claim that a car accident on the way to work happened in the course of his employment and should be compensated.
Closed-circuit testimony not unconstitutional
The Indiana Court of Appeals held that a man who repeatedly molested a young girl was not deprived of his right to cross-examine his accuser when she testified via closed-circuit television.
COA: Independent contractor’s death already compensated
The Indiana Court of Appeals has determined that the estate of an independent contractor who fell off a ladder and died was properly compensated through the state workers’ compensation act, and the man’s estate cannot later claim that his injuries occurred outside the scope of employment.
Justices uphold probation revocation for child support non-payment
A trial judge was correct in revoking a man’s probation based on his failure to pay weekly child support as a condition of his probation, the Indiana Supreme Court has ruled.
Divided Supreme Court orders new murder trial
Three justices have tossed out a murder conviction, ordering a new trial on the grounds that the trial judge should have given the jury the option to consider a lesser offense of reckless homicide.
Judges rule on Evansville environmental coverage case
The Indiana Court of Appeals has determined a Marion County judge properly granted summary judgment in favor of a group of insurance companies because the city of Evansville was seeking coverage for projects aimed at preventing future sewer discharges, rather than remediating past discharges, which wouldn’t be covered by the policies.
Court rules FSSA notices are unconstitutional
The Indiana Supreme Court has held that the notices sent by the state Family and Social Services Administration to inform applicants they were denied Medicaid, food stamps, or family assistance benefits are unconstitutional under the 14th Amendment’s due process clause because they do not sufficiently explain the reasons for being denied.
Supreme Court examines Indiana’s blacklisting statute
In declaring precedent from 1904 bad law, the Indiana Supreme Court has determined that individuals who’ve voluntarily left employment can pursue a claim against their former employers under the state’s blacklisting statute.
Judges disagree on meaning of language in city ordinance
The Indiana Court of Appeals reversed a trial court in a property dispute, but Judge Ezra Friedlander disagreed with the majority based on his interpretation of “conspicuous change.”
Justices disagree on pollution exclusion coverage
A divided Indiana Supreme Court has held that the pollution exclusion contained in a general commercial liability policy is ambiguous and should be construed to provide coverage rather than in favor of the insurance company trying to deny coverage.
Justices rule on construction manager’s duty for jobsite safety
The Indiana Supreme Court has held that a construction manager on the Lucas Oil Stadium construction project didn’t have a legal duty to ensure jobsite safety to a subcontractor’s employee either by contract or individual actions, and as a result, cannot be held liable for workplace negligence.
Judges uphold sanction against attorney
The Indiana Court of Appeals made two minor corrections to its original opinion ordering an attorney to pay appellate fees due to his conduct in a purported class-action lawsuit against Clarian Health Partners, but upheld the order the attorney pay the fees.
High court upholds stalking conviction
It’s up to a trier of fact to determine if someone’s conduct involved repeated or continuing harassment to qualify as stalking, the Indiana Supreme Court ruled, since there is no statutorily determinate timeframe required for this type of conviction.
Majority upholds finding of contempt
Three Indiana justices affirmed a trial court order finding a business owner, his attorney and an environmental firm in contempt for doing work on a site with possible environmental issues after a temporary restraining order had been issued.
Supreme Court declines to set aside tax deed
The Indiana Supreme Court has reversed a trial court’s decision to set aside a tax deed, finding the Marion County auditor’s office satisfied the due process requirement articulated by the United States Supreme Court.