Justices grant transfer to 1, deny 6
Indiana justices granted transfer to one case last week, handing down an opinion while declining to review six other petitions for transfer.
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Opinions Dec. 20, 2022
Kalanu Carter v. Ryan Carter
21A-DC-2395
Domestic relations with children. Affirms the Miami Superior Court’s grant of father Ryan Carter’s motion to reopen evidence after the final hearing in a dissolution action and the award of primary physical custody of minor child to Ryan. Reverses the trial court’s order that mother Kalanu Carter, as the noncustodial parent, pay $20 per week in child support. Finds the trial court did not abuse its discretion when it granted Ryan’s motion to reopen evidence or when it awarded him primary physical custody, but did abuse its discretion when it ordered Kalanu to pay $20 a week in child support. Remands with instructions for the trial court to enter an order that Kalanu is not required to pay child support because the adjustments to her child support obligation exceed the obligation.
IN justices: Trial courts must show ‘good cause’ for remote hearings, but error in commitment case was harmless
If a party objects to holding a remote hearing, a trial court can’t deny the motion by simply citing COVID-19 without further elaboration.
Ex-trustee who worked remotely from camper during COVID wins reversal of 21 theft convictions
The former Wabash Township trustee who was convicted of 21 counts of felony theft after she bought a camper and worked remotely across the country has had her convictions overturned by the Court of Appeals of Indiana.
COA: Couple not entitled to land easement to landlocked pole barn
A Mooresville couple requesting a land easement of necessity for easier access to their pole barn will not be granted any such relief from the Court of Appeals of Indiana.
SCOTUS to resume issuing decisions in courtroom
The U.S. Supreme Court is restoring another pre-pandemic tradition, announcing decisions in a public session in the courtroom.
Indiana Supreme Court splits but still denies multiple transfer petitions
A dispute between a divorced husband and wife that became more inflamed when the arbitrator submitted, and the trial court adopted, an erroneous report caused a split in the Indiana Supreme Court over the decision not to grant transfer.
COA: Trial court erred by striking ‘proper person’ language from expungement order
A trial judge must reissue its expungement order for a defendant who successfully argued that the court’s original order improperly omitted statutory language, the Court of Appeals of Indiana has ruled.
Opinions Dec. 13, 2022
Indiana Supreme Court
Marquis David Young v. State of Indiana
22S-CR-306
Criminal. Affirms Marquis David Young’s convictions of murder and two counts of attempted murder. Finds a reasonable inference that Young was guilty as charged may be drawn from the whole picture of the evidence in this case.
COA: ‘Veteran attorney’ guarantor still on hook for loan despite multiple modifications to agreement
A “veteran attorney” who signed as the guarantor of a $600,000 loan is obligated to cover the debt after the borrower defaulted and the Court of Appeals of Indiana found modifications to the loan agreement did not alter his financial responsibility.
Opinions Dec. 12, 2022
Court of Appeals of Indiana
Thomas M. Shoaff v. First Merchants Bank
22A-PL-514
Civil plenary. Affirms the grant of summary judgment in favor of First Merchants Bank on its action seeking to hold Thomas Shoaff to his responsibilities under a signed guaranty agreement, but reverses the Allen Superior Court’s damages award with respect to its calculation of interest, late fees and attorney fees. Finds the trial court did not err when it granted summary judgment to First Merchants but did err with respect to its award of interest, late fees and attorney fees. Remands for further proceedings.
Justices deny transfer in 24 cases, including case regarding conviction for crime defendant ‘did not commit’
The Indiana Supreme Court denied transfer to 24 cases for the week ending Dec. 2, including one case that split the court.
Opinions Dec. 9, 2022
Court of Appeals of Indiana
Great West Casualty Company, DTAK, LLC, and Matthew Ehlen v. Founders Insurance Company (mem. dec.)
22A-PL-1771
Civil plenary. Affirms the grant of summary judgment in favor of Founders Insurance Company declaring that Founders is not obligated to provider coverage under an automobile insurance policy procured by Brian K. Gates Jr. Finds Founders is entitled to judgment as a matter of law, and there is no genuine dispute of material fact. Also finds the LaPorte Superior Court did not err in granting summary judgment to Founders and denying summary judgment to Great West Casualty Company, DTAK LLC and Matthew Ehlen.
Interracial marriages to get added protection under new law
While much of the attention has been focused on protections for same-sex marriages, interracial couples say they are glad Congress also included protections for their marriages, even though their right to marry was well-established decades ago.
COA affirms Duke Energy must follow Noblesville’s ordinances
The Court of Appeals of Indiana unplugged Duke Energy’s battle with Noblesville, rejecting the company’s arguments that only the IURC has authority over utility matters and finding the electric provider has to comply with the municipality’s ordinances.
Split COA orders suppression of evidence from traffic stop based on ‘inactive’ registration
A man who was pulled over for having an “inactive” car registration has convinced a split Court of Appeals of Indiana panel that evidence stemming from the stop should be suppressed.
COA affirms judgment against buyer of used SUV with faulty brakes
A man who bought a vehicle then sued the seller for damages because the brakes gave out while driving home from the sale will not receive any relief from the nearly $1,500 judgment against him.
Misconduct conviction upheld for IMPD officer who hit Shortridge student
An officer who hit a student in the face has lost his bid to overturn his conviction after the Court of Appeals of Indiana found his inclusion of a false statement in his report was sufficient evidence to support the verdict.
Justices to hear drainage dispute, mental health murder case this month
The Indiana Supreme Court will hear two oral arguments this month, including a case involving a drainage dispute and a case in which a mental health patient killed his grandfather.
Indiana Court Decisions: Nov. 16-30, 2022
Read Indiana appellate court decisions from the most recent reporting period.