COA remands divorce case after mother’s due process rights were violated
A divorcing couple must return to court after the Court of Appeals of Indiana determined the mother’s due process rights were violated in previous court proceedings.
Court opinions
Articles
7th Circuit: Terry search warranted during traffic stop
The 7th Circuit Court of Appeals has concluded that members of the Brownsburg Police Department didn’t violate an Indiana man’s rights when they frisked him during a traffic stop.
COA: History of domestic violence in home supports CHINS adjudication
A mother who has been both a “victim and perpetrator” of domestic violence has failed to convince the Court of Appeals of Indiana that her children aren’t CHINS.
Exasperated 7th Circuit reverses block on Indiana’s fetal disposition law
In an outright reversal, the 7th Circuit Court of Appeals has upheld Indiana’s law requiring fetal remains to be buried or cremated and chastised the Indiana Southern District Court for blocking the statute in the first place.
Letter: ‘Nothing to suggest’ Alito violated ethics standards
The U.S. Supreme Court said Monday in a letter to Congress that there is “nothing to suggest” that Justice Samuel Alito violated ethics standards following a report that a 2014 decision he wrote was leaked in advance of its announcement.
Opinions Nov. 28, 2022
Court of Appeals of Indiana
Nickalas James Kedrowitz v. State of Indiana
22A-CR-457
Criminal. Affirms Nickalas Kedrowitz’s convictions of two counts of murder and his sentence to an aggregate of 100 years. Finds the juvenile court did not abuse its discretion in finding Kedrowitz competent to stand trial or in waiving jurisdiction. Also finds the Ripley Circuit Court had jurisdiction to hear the case following a valid waiver by the juvenile court. Finally, finds the trial court did not abuse its discretion in sentencing Kedrowitz, his sentence is not inappropriate in light of the nature of his offenses and his character, and he has not made cognizable challenges pursuant to Article 1, Sections 16 and 18 of the Indiana Constitution.
COA uses Supreme Court’s silence since Wadle in rejecting double jeopardy appeal
In considering the appeal from a woman convicted in the death of her boyfriend, the Court of Appeals of Indiana continued to wrestle with the fallout of Wadle v. State, which overturned the long-used test for resolving substantive double jeopardy claims.
7th Circuit denies Kokomo man relief in sextortion case
A northern Indiana man involved in a sextortion scheme involving “many” individuals online, including minors, has failed to convince the 7th Circuit Court of Appeals that his constitutional rights were violated during an investigation by the FBI.
Appellate court: Teen’s blood draw from fatal wreck must be suppressed
A teen involved in a fatal wreck will have her blood draw results suppressed after the Court of Appeals of Indiana determined the police officer at the scene violated her rights by failing to tell her she could speak with her mother before getting tested.
COA: Mistake of fact not enough to overturn seizure of drugs
Even though the driver was pulled over on a private roadway, the drugs seized as a result will still be admitted as evidence after the Court of Appeals of Indiana found the traffic stop was a mistake of fact and not a mistake of law.
Sentence revision not warranted for man kicked out of drug court, COA rules
A man who was kicked out of drug court for a variety of violations did not convince the Court of Appeals of Indiana that his explanations for the violations were valid.
Indiana Court Decisions: Nov. 3-15, 2022
Read Indiana appellate court decisions from the latest reporting period.
Appellate court sides with county attorney in defamation suit despite anti-SLAPP claims
An elected LaPorte County official did not convince the Court of Appeals of Indiana that a defamation suit brought against him by the county’s attorney should be dismissed under Indiana’s anti-SLAPP law.
COA affirms adoption without mother’s consent
A mother who did not pay child support even though she was gainfully employed failed to convince the Court of Appeals of Indiana to overturn the adoption of her child, which was granted without her consent.
Parents lose bid to restore parental rights
A mother and father who continually failed to provide adequate care for their children could not convince the Court of Appeals of Indiana to restore their parental rights.
COA: Carmel not liable for alleged negligence by parks department employees
A mother who sued the city of Carmel after her child was allegedly bullied and “pseudo sexually assaulted” during a camp put on by the local parks department has not convinced the Court of Appeals of Indiana that the city should be held liable.
Opinions Nov. 21, 2022
Court of Appeals of Indiana
Scottsdale Insurance Company, et al. v. Harsco Corporation
21A-PL-2483
Civil plenary. Affirms and reverses in part the entry of summary judgment in favor of Harsco Corporation, ordering Scottsdale Insurance Company to pay Harsco approximately $70,000 in defense costs and approximately $5 million in indemnification and interest. Finds Harsco is not entitled to indemnification pursuant to either the commercial general liability policy or the umbrella policy with Scottsdale. Also finds Scottsdale failed to establish that the Marion Superior Court erroneously ordered it to pay any portion of the $70,975.93 to Harsco pursuant to Scottsdale’s duty to defend. Remands with instructions to enter judgment in favor of Harsco in the amount of $70,975.03.
Pendleton inmate loses appeal of murder conviction after fatal prison stabbing
An inmate who used a makeshift weapon to fatally attack another inmate did not convince the Court of Appeals of Indiana that his murder conviction should be reversed.
Multimillion dollar award evaporates under COA review of policy language
A contractor awarded $5.2 million in damages in a personal injury settlement lost most of it after the Court of Appeals of Indiana found the use of “you” and “your” in the insurance policy did not entitle the contractor to indemnification.
Lawmakers urge action after report of other high court leak
The chairman of the Senate Judiciary Committee said his panel is reviewing “serious allegations” in a report that a former anti-abortion leader knew in advance the outcome of a 2014 Supreme Court case involving health care coverage of contraception.