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.
Court opinions
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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.
IU McKinney Civil Practice Clinic helps secure COA reversal in expungement case
With the assistance of a group of Indianapolis law students, a man convicted of felony battery can continue to pursue expungement after the Court of Appeals of Indiana reversed the denial of his expungement petition.
COA: Gender marker changes for trans children not covered under state statute
The Court of Appeals of Indiana is continuing to wrestle with requests to change legal documents for transgender children, parting ways with its own precedent and finding that trial courts cannot order a gender-marker change.
High court to rule on Biden student loan cancellation plan
The U.S. Supreme Court agreed Thursday to decide whether the Biden administration can broadly cancel student loans, keeping the program blocked for now but signaling a final answer by early summer.
Trump probe: Court halts Mar-a-Lago special master review
A unanimous federal appeals court on Thursday ended an independent review of documents seized from former President Donald Trump’s Florida estate.
COA: Dog sniff outside hotel room did not violate Indiana Constitution
Although precedent holds that law enforcement needs “reasonable suspicion” to conduct dog sniffs at the front door of private residences, the Court of Appeals of Indiana has found that a dog sniff in a hotel walkway did not violate the Indiana Constitution.
Appellate court upholds minor’s placement in DOC after failed probation
An Indiana minor placed in the Department of Correction has failed to convince the Court of Appeals of Indiana that his placement was an error or that his due process rights were violated when his hearings were held remotely.
Appellate court provides reprieve to homeowners not notified of tax sale
Citing the requirements of equity and due process, the Court of Appeals of Indiana has reversed a tax sale, finding the homeowners did not receive any notice that their Madison County property was being sold.
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.
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.