COA upholds trial court’s lengthy divorce order
A separated couple won’t be seeing any changes to the 47-page order dividing up their marital assets after appeals by both parties were denied by the Court of Appeals of Indiana.
Court opinions
Articles
COA affirms machine gun adjudication for teen who had pistol with ‘Glock switch,’ reverses 2nd adjudication for double jeopardy
A teen arrested for possession of a modified pistol will not shake his machine gun adjudication but has convinced the Court of Appeals of Indiana that a juvenile court violated double jeopardy principles when it also tacked on a possession-of-a-dangerous-firearm offense.
7th Circuit uphold dismissal of gun accessory manufacturer’s complaint
The owner of a firearm accessories manufacturing facility in southern Indiana who claimed his rights against search and seizure were violated when federal agents raided his business got a lesson on the Federal Rules of Evidence and the importance of precedent from the 7th Circuit Court of Appeals.
COA: Contract only requires one side in construction dispute to arbitrate
The owners of a construction project will not be forced to take their complaint against their project’s general contractor to arbitration, but the contractor will need to arbitrate its counterclaims if the claims aren’t resolved, the Court of Appeals of Indiana has ruled.
Personal injury complaint timely filed under Supreme Court’s COVID-19 tolling orders, COA says
A woman injured in a car crash timely filed her complaint against the other driver, the Court of Appeals of Indiana has ruled, pointing to Indiana Supreme Court orders that tolled statutes of limitation to ease the burden on Hoosier litigants at the height of the COVID-19 pandemic.
COA: Evidentiary issue not yet ripe for appeal
An Indiana man who wanted the jury to know about a trial court’s order tossing a CHINS petition has been told by the Court of Appeals of Indiana to come back after his case has been tried.
Justices decline to hear IRT’s COVID coverage case but agree to revisit criminal case decisions
The Indiana Supreme Court has brought the curtain down on the Indiana Repertory Theatre’s push to get its insurance company to cover losses incurred when the pandemic forced the show to close in the spring of 2020.
COA: Trial court incorrectly set aside default judgement
The Court of Appeals of Indiana has reinstated default judgment against a man who had previously won a reversal of that judgment but who failed to address the counterclaims against him.
Supreme Court leak probe: So many questions, so few answers
Less than 24 hours after the unprecedented leak of the draft opinion that overturned Roe v. Wade, Chief Justice John Roberts ordered an investigation into the “egregious breach.” Since then? Silence.
Opinions July 25, 2022
Court of Appeals of Indiana
Andrew Houchin v. State of Indiana (mem. dec.)
22A-CR-272
Criminal. Affirms the three-year portion of Andrew Houchin’s sentence to be served in the Department of Correction. Finds Houchin’s sentence and placement in the DOC is not inappropriate.
Justices toss Gary ‘welcoming ordinance’ lawsuit for lack of standing
A lawsuit challenging the city of Gary’s “welcoming ordinance” for immigrants was thrown out Thursday by the Indiana Supreme Court after the justices determined the plaintiffs lacked standing to sue the city.
7th Circuit finds investment firm shielded from fiduciary duty claim by power of attorney
An opinion from a state appellate court that was issued while the Southern Indiana District Court was considering a motion to dismiss in a fiduciary duty dispute did not change the federal judge’s decision to grant the motion, but it did alter the reasoning on which the 7th Circuit Court of Appeals affirmed.
Self-storage company didn’t have standing for judicial review of competitor’s zoning variance, COA affirms
A self-storage company that bemoaned its zoning board’s approval of a variance to allow a competitor to open a similar business down the road has failed to convince the Court of Appeals of Indiana that it had standing to seek judicial review of the case due to the potential loss of business.
Opinions July 20, 2022
Court of Appeals of Indiana
James E. Manley v. Eric Lowe, et al. (mem. dec.)
21A-PL-1073
Civil plenary. Affirms the dismissal of inmate James E. Manley’s “Civil Action for Mandate.” Finds the Henry Circuit Court did not err when it dismissed the portions of Manley’s request for mandate concerning statutory violations that allegedly occurred as part of the prison disciplinary process pursuant to Indiana Trial Rule 12(B)(1) because it did not have subject matter jurisdiction to review Manley’s challenge to prison disciplinary decisions. Also finds the trial court did not err when it dismissed Manley’s constitutional claim under Article 1, Section 2 of the Indiana Constitution pursuant to Indiana Trial Rule 12(B)(6) because Manley did not sufficiently allege what actions or inactions the defendants allegedly took that resulted in an alleged violation of his constitutional right to free exercise of religion.
Web Exclusive: Divided IN Supreme Court again asks for legislative fix to ‘jurisdictional gap’ between juvenile, criminal cases
In the state of Indiana, if an individual commits the act of child molesting before their 18th birthday but charges aren’t filed until after they turn 21, the offender is essentially off the hook. According to the state’s highest court, there’s a “jurisdictional gap” in the law making that possible.
‘Misplaced priorities’: Mears declares he won’t prosecute abortion cases while his peers demur
At least one Indiana prosecutor has taken a stance against prosecuting abortions in the event that a total ban is enacted in light of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization.
Indiana Court Decisions: June 29-July 12, 2022
Read Indiana appellate court decisions from the most recent reporting period.
COA: No error in admitting diversion agreement in child support nonpayment case
A father who failed to pay thousands of dollars in child support couldn’t persuade the Court of Appeals of Indiana that his pretrial diversion agreement should not have been admitted against him during his jury trial.
7th Circuit vacates conspiracy conviction for drug dealer who didn’t understand charge
The 7th Circuit Court of Appeals has vacated and remanded a drug dealer’s conviction of conspiracy as well as his sentences after concluding a district court failed to clear up any confusion regarding his guilty plea.
Opinions July 15, 2022
Court of Appeals of Indiana
In the Matter of the Civil Commitment of: L.B. v. Richard L. Roudebush Veterans Affairs Medical Center
22A-MH-153
Mental health. Reverses the Marion Superior Court’s commitment of L.B. to the Richard L. Roudebush Veterans Affairs Medical Center. Finds the trial court erred in allowing L.B. to proceed pro se. Finds L.B. was not capable of knowingly, voluntarily, and intelligently waiving his right to counsel before accepting his waiver of that right. Remands for a new commitment hearing.