Indiana Court Decisions: Dec. 29, 2022-Jan. 11, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
The art of persuasion: Hoosier attorneys support rule change regarding memorandum decisions
The relatively few words tacked onto the end of Indiana Rule of Appellate Procedure 65(D) were the result of nearly a decade’s worth of effort by Hoosier lawyers.
Opinions Jan. 17, 2023
Court of Appeals of Indiana
Amy Osadchuk v. Charles P. Rice and Boveri Murphy Rice, LLP
22A-CT-1068
Civil tort. Affirms the St. Joseph Superior Court’s order to grant Charles Rice and his law firm’s motion for judgment on the pleadings. Finds Amy Osadchuk’s complaint alleging legal malpractice, fraud, constructive fraud and attorney deceit and collusion was time-barred.
Employee can’t sue boss after falling on ice outside boss’s house, COA affirms
A businesswoman who was sued after one of her employees injured herself on the sidewalk outside of her home can’t be blamed for the icy conditions that led to her fall, the Court of Appeals of Indiana has affirmed.
7th Circuit affirms summary judgment for employer after employees abused FMLA leave
A husband who was suspended from work along with his wife after they were accused of misusing FMLA leave has failed in his bid to convince the 7th Circuit Court of Appeals to reinstate his lawsuit against his employer.
Court of Appeals affirms conviction in child suffocation death
The Court of Appeals of Indiana has upheld the murder conviction of a Gary woman who admitted that she fatally smothered her 1-year-old foster child in her crib in 2017.
IN justices uphold murder conviction, LWOP sentence after finding child’s behavior did not provoke ‘sudden heat’
The Indiana Supreme Court has affirmed the murder conviction and life without parole sentence of a Grant County woman, finding the child victim’s behavior did not cause adequate provocation to support the defendant’s claim she acted in “sudden heat.”
Supreme Court lets New York enforce gun law during lawsuit
New York can for now continue to enforce a sweeping new law that bans guns from “sensitive places” including schools, playgrounds and Times Square, the U.S. Supreme Court said Wednesday, allowing the law to be in force while a lawsuit over it plays out.
7th Circuit revives bankruptcy collections dispute, overturns little-used ‘transfer’ precedent
The 7th Circuit Court of Appeals has revived a bankruptcy collections dispute, remanding the case to resolve a trustee’s petition to recover funds paid to a creditor. In doing so, the appellate court overturned a 39-year-old precedent.
Split COA affirms that Army vet can’t call psychologist to testify about PTSD in murder case
A U.S. Army combat veteran who was stationed at Fort Hood, Texas, on the day of the 2009 mass shooting cannot call a psychologist to testify about his post-traumatic stress disorder in his murder trial, the Court of Appeals of Indiana has ruled.
COA: Trial court erred by forbidding father’s discussion of religion with child
The Court of Appeals of Indiana has reversed a trial court’s custody order barring a father from discussing religion with his daughter.
Opinions Jan. 6, 2023
Court of Appeals of Indiana
Kory Easterday v. Amber (Easterday) Everhart
22A-DC-1510
Domestic relations with children. Reverses in part the Jackson Superior Court’s decision to modify the legal custody of Ka.E., the child of father Kory Easterday and mother Amber Everhart. Finds Easterday demonstrated prima facie error. Also finds the trial court erred when it based the modification of legal custody solely on religion. Finally, finds the portion of the trial court’s order totally prohibiting Easterday from discussing religion with Ka.E. violates his First Amendment right to free speech.
Justices reinstate Vectren’s ‘instantaneous netting’ method for crediting excess energy production
The Indiana Supreme Court has ruled in favor of Vectren energy, finding it followed state law when it changed its method of determining the credit its customers receive when producing excess solar and wind energy.
Opinions Jan. 4, 2023
Indiana Supreme Court
Indiana Office of Utility Consumer Counselor, Citizens Action Coalition of Indiana, Inc., Vote Solar, Environmental Law & Policy Center, Solarize Indiana, Inc., Solar United Neighbors, and Indiana Distributed Energy Alliance v. Southern Indiana Gas and Electric Company and Indiana Utility Regulatory Commission
22S-EX-00166
Agency action. Affirms the Indiana Utility Regulatory Commission’s approval of Southern Indiana Gas and Electric Company’s petition for approval of its new instantaneous netting method determining the amount of credit its customers receive for their excess distributed generation of electricity. Finds the commission properly held that Vectren’s instantaneous netting method is not contrary to law and satisfies the requirements in Indiana Code § 8-1-40-5. Justice Christopher Goff concurs in result without separate opinion. Justice Derek Molter did not participate.
Indiana Court Decisions: Dec. 15-28, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Appellate court rejects 2nd burglary sentence appeal after previously ordering resentencing
A man who previously convinced the Court of Appeals of Indiana to reduce his burglary conviction and sentence failed Wednesday in his second sentencing appeal.
COA tosses Level 1 felony child molesting convictions, orders entry of Level 4 felonies on remand
The Court of Appeals of Indiana has overturned two Level 1 felony child molesting convictions in favor of lower-level felonies, citing insufficient evidence to support the more severe charges.
Opinions Dec. 28, 2022
Court of Appeals of Indiana
Fredrick Austin v. State of Indiana
22A-CR-1240
Criminal. Reverses Fredrick Austin’s convictions of two counts of Level 1 felony child molesting. Finds the evidence is insufficient to support the convictions. Remands with instructions to replace the two Level 1 felony convictions with two convictions of Level 4 felony child molesting and to resentence Austin accordingly.
Appellate rule change will enable litigants to cite ‘persuasive’ memorandum opinions
The Indiana Supreme Court is amending the appellate rules to allow litigants to cite to memorandum decisions for “persuasive value,” a change the Appellate Practice Section of the Indianapolis Bar Association has been advocating for since 2013.
District court dismisses vaccine mandate complaint from already-vaccinated St. Vincent employee
A physician’s assistant at St. Vincent Medical Group who received the COVID-19 vaccine after her employer mandated it but sued alleging federal civil rights violations has failed to secure relief from a federal court, which dismissed her complaint.