Indiana Court Decisions: May 18-31, 2023
Read the latest Indiana appellate court opinions from the most recent reporting period.
Court opinions
Articles
Supreme Court tossed out the heart of Voting Rights Act a decade ago. Next ruling could go further
Justices are expected to rule in the coming weeks in a case out of Alabama that could make it much more difficult for minority groups to sue over allegedly gerrymandered political maps that dilute their representation.
COA affirms finding of probation violation after defendant taken into immigration custody
A man who argued he couldn’t comply with the conditions of his probation because he was taken into immigration custody upon his release has failed to convince the Court of Appeals of Indiana that a trial court erred in finding he violated his probation.
Opinions June 2, 2023
Court of Appeals of Indiana
Indiana Department of Insurance and Indiana Patient’s Compensation Fund v. Jane Doe and John Doe I, individually and as next friends and legal guardians of John Doe II, an unmarried minor, and Johnathan Cavins and Board of Trustees of Anonymous Hospital
22A-CT-1276
Civil tort. Reverses the denial of the Indiana Department of Insurance and the Patient Compensation Fund’s motion for summary judgment on a claim for excess damages under the Medical Malpractice Act brought by Jane Doe and John Doe I, individually and on behalf of John Doe II. Finds there are no genuine issues of material fact. Also finds the fund is entitled to judgment as a matter of law. Remands with instructions. Judge Margret Robb concurs in part and dissents in part with separate opinion.
Revised DACA program again debated before Texas judge who previously ruled against it
A federal judge did not make an immediate decision Thursday on the fate of a revised version of a federal policy that prevents the deportation of hundreds of thousands of immigrants brought to the U.S. as children.
Opinions June 1, 2023
Court of Appeals of Indiana
In re: The Termination of the Parent-Child Relationship of: Na.R. (Minor Child) and N.R. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-2539
Juvenile termination of parental rights. Affirms the involuntary termination of father N.R.’s parental rights to his daughter, Na.R. Finds the Floyd Circuit Court’s findings support its conclusion that the conditions under which the child was removed from N.R.’s care would not be remedied.
SCOTUS rules against union in labor dispute involving truck drivers, wet concrete
In a dispute about the pressure that organized labor can exert during a strike, the Supreme Court ruled Thursday against unionized drivers who walked off the job with their trucks full of wet concrete.
Supreme Court revives claims that SuperValu, Safeway overcharged governments for generic drugs
The Supreme Court on Thursday unanimously revived whistleblower lawsuits claiming that supermarket and pharmacy chains SuperValu and Safeway overcharged government health care programs for prescription drugs by hundreds of millions of dollars.
Opinions May 31, 2023
Court of Appeals of Indiana
In re the Termination of the Parent-Child Relationship of T.M. (Minor Child) and M.M. (Mother) M.M. (Mother) v. Indiana Department of Child Services
22A-JT-2628
Juvenile termination of parental rights. Affirms the termination of mother M.M.’s parental rights to T.M. Finds the Cass Circuit Court erred in concluding T.M. had been removed from M.M. for at least six months under a disposition decree, but the error does not warrant reversal. Remands for the entry of a corrected order.
COA affirms TPR order despite error in findings, conclusions
The Court of Appeals of Indiana affirmed a lower court’s termination of parental rights order despite what it called an “obvious error” in the order.
Woman was not disabled while getting treatment for back pain, 7th Circuit affirms
A woman with chronic back pain failed to convince the 7th Circuit Court of Appeals that she is entitled to disability benefits.
7th Circuit affirms minor sexual exploitation conviction, sentence for woman connected to Jared Fogle
A woman with ties to disgraced subway pitchman Jared Fogle who was convicted of sexual exploitation of a minor and other crimes failed to convince the 7th Circuit Court of Appeals that her prosecution was vindictive or that her sentence is excessive.
Opinions May 30, 2023
Court of Appeals of Indiana
In re the Adoption of S.K.D.T: K.P. v. L.J. and J.J. (mem. dec.)
23A-AD-65
Adoption. Affirms the Steuben Circuit Court’s conclusion that mother K.P.’s consent to the adoption of S.K.D.T. was not necessary, but reverses the entry of the adoption decree and remands for the trial court to determine whether the adoption will be in the child’s best interest, and whether guardians L.J. and J.J. have sufficient ability to rear the child and furnish suitable support and education for him. Finds the trial court did not clearly err when it concluded that K.P.’s consent to the adoption was not necessary. Also finds the trial court failed to make two required statutory findings before granting the guardians’ petition for adoption.
Odor of marijuana, though similar to legal cannabis, is enough for reasonable suspicion, COA affirms
Even though legal forms of cannabis can smell the same as illegal marijuana, that doesn’t mean officers can’t use the odor to establish reasonable suspicion of criminal activity, the Court of Appeals of Indiana has affirmed.
Opinions May 26, 2023
Court of Appeals of Indiana
Cody Moore v. State of Indiana
22A-CR-1979
Criminal. Affirms the denial of Cody Moore’s motion to suppress. Finds the Marion Superior Court did not abuse its discretion in denying Moore’s motion to suppress evidence seized as a result of a traffic stop.
COA upholds parenting time, division of assets in divorce case
A father challenging a parenting time order and the division of marital assets has failed to convince the Court of Appeals of Indiana to overturn the final order in his divorce case.
Supreme Court rules in favor of 94-year-old woman who got nothing when county took her condo
A unanimous U.S. Supreme Court on Thursday gave a 94-year-old Minneapolis woman a new chance to recoup some money after the county kept the entire $40,000 when it sold her condominium over a small unpaid tax bill.
COA: Insurance company’s negligence, spoliation claims should have survived motion to dismiss
An insurer’s claims of negligence and spoliation against a company hired for renovation work after a house fire should have survived a motion to dismiss, the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
Split COA reduces man’s 3,000-day invasion of privacy sentence to less than 1 year
A man’s repeated letters to his ex-wife violated a no-contact order but did not warrant an aggregate sentence of 3,000 days for misdemeanor invasion of privacy, a split Court of Appeals of Indiana ruled Thursday.
Opinions May 25, 2023
Court of Appeals of Indiana
Dustin A. Lane v. State of Indiana
22A-CR-2276
Criminal. Revises Dustin Lane’s aggregate sentence from 3,000 days to 300 days and remands to the Lawrence Superior Court to enter a sentencing order consistent with the appellate opinion. Finds Lane has met his burden to demonstrate that his sentence is inappropriate in light of the nature of the offenses and his character. Judge Dana Kenworthy dissents with separate opinion.