Court opinions

Opinions July 15, 2022

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.

Indiana denied fees in foster care litigation

July 12, 2022 | Marilyn Odendahl

In denying Indiana’s request for an award of costs for successfully defending a lawsuit that had challenged the state’s foster care system, the 7^th Circuit Court of Appeals highlighted the appellate procedure rule that limits who can be held responsible for reimbursements.

Lake County Council can have power over county purchasing, data collection, COA affirms

July 12, 2022 | Katie Stancombe

A dispute over who can make purchasing decisions and collect data for Lake County has been resolved in favor of the Lake County Council, despite opposition from the county’s commissioners.

Insurer wrongly denied $10K to woman after crash, COA rules

July 12, 2022 | Katie Stancombe

An Indiana woman seriously injured in a car crash was wrongfully denied $10,000 in uninsured motorist coverage from her insurer, the Court of Appeals of Indiana affirmed Tuesday. The insurance company’s actions also led the appellate court to question whether it acted in good faith.

After SCOTUS ruling, 7th Circuit vacates permanent injunction, remands Westfield billboard dispute

July 12, 2022 | Jordan Morey

The 7^th Circuit Court of Appeals has vacated a permanent injunction against a Westfield billboard ordinance following a U.S. Supreme Court opinion that “bears heavily” upon the case.

7th Circuit: Bloomington antitrust complaint against IU Health can proceed

July 11, 2022 | Jordan Morey

A Bloomington surgeon alleging Indiana University Health violated federal antitrust laws by acquiring local competitors has convinced the 7^th Circuit Court of Appeals to reinstate his complaint.

COA rules officers’ show of ‘power and influence’ did not force defendant to allow entry

July 11, 2022 | Marilyn Odendahl

An Evansville man argued that when he answered his front door and saw half a dozen police officers on his porch, he had to let them into his house. But while the Court of Appeals of Indiana did not find any constitutional violation, it did fault the officers for failing to turn on their body cameras and record the encounter.

Trial court correctly denied grandmother’s motion to intervene in adoption, COA affirms

July 11, 2022 | Jordan Morey

A Harrison County woman seeking custody of her grandchild failed to convince the Court of Appeals of Indiana that her motion to intervene in a foster parent adoption should’ve been granted.

Appeals court: Congress can see some Trump financial records

July 11, 2022 | Associated Press

A federal appeals court on Friday narrowed the range of documents House Democrats are entitled to in their yearslong investigation of Donald Trump’s finances.

Justices grant transfer to 1, deny 28 other cases

July 8, 2022 | IL Staff

Indiana Supreme Court justices granted transfer to only one case among 28 others, agreeing to hear a dispute involving a traveling actor’s attempts to receive CARES Act benefits in Indiana.

Opinions July 8, 2022

July 8, 2022

7^th Circuit Court of Appeals

United States of America v. Joseph Furando, Appeal of: Christine M. Furando, et al.
20-1526
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Criminal. Vacates the district court’s denial of the third-party claimants’ section 21 U.S.C. § 853(n) petition but affirms the grant of the government’s motion for interlocutory sale of real property. Remands for further proceedings.

COA reverses drug charges because person of ‘ordinary intelligence’ wouldn’t know about crime

July 8, 2022 | Marilyn Odendahl

The Court of Appeals of Indiana has tossed drug charges against three individuals because the emergency rule that made the synthetic cannabinoid a Schedule I narcotic failed to provide adequate information so that person of “ordinary intelligence” would know he or she was engaging in illegal behavior.

7th Circuit: Bloomington hospital complied with federal law before patient’s death

July 7, 2022 | Katie Stancombe

A widower who sued a Bloomington hospital for failure to operate following his wife’s death did not find relief at the 7^th Circuit Court of Appeals, which ruled that the facility had complied with its requirements under the Emergency Medical Treatment and Labor Act.

Opinions July 7, 2022

July 7, 2022

Court of Appeals of Indiana
701 Niles, LLC v. AEP Indiana Michigan Transmission Company, Inc., et al.
21A-PL-2123
Civil plenary. Reverses the St. Joseph Circuit Court’s denial of 701 Niles’ motion to enjoin. Finds AEP Indiana Michigan Transmission Company may constitutionally proceed with its project to build an underground electric transmission line on part of 701 Niles’ property. Also finds the University of Notre Dame’s attempt to use AEP’s easements for its hydropower project is an unconstitutional taking. Remands with instructions that the trial court enter an order enjoining AEP from installing the university’s line to the duct bank without 701 Niles’ express consent.

Adoption petitions can’t be granted in favor of deceased grandfather, COA affirms

July 7, 2022 | Olivia Covington

A would-be adoptive grandfather who died before the trial court could rule on his adoption petitions was not entitled to have his petitions granted posthumously, the Court of Appeals of Indiana has ruled.

COA calls a foul after Fighting Irish try to ‘piggyback’ on public project

July 7, 2022 | Marilyn Odendahl

The Court of Appeals of Indiana has stopped an attempt by the University of Notre Dame to install a private transmission line on land that an electric utility took by eminent domain, finding the private school could not “piggyback” on the acquired easements for its own use and benefit.

7th Circuit rules Indiana worker did not prove pretext in firing

July 7, 2022 | Marilyn Odendahl

In considering the arguments made by an Indiana woman who claimed her former employer discriminated against her on the basis of her age and disability, the 7^th Circuit Court of Appeals found she could not overcome the pretext hurdle because she essentially offered only a hunch without any supporting evidence.

Split COA reverses CHINS determination despite mother’s mental illness

July 7, 2022 | Olivia Covington

A mother with a history of mental illness and trouble with the law will regain custody of her children after a split panel of the Court of Appeals of Indiana determined there was insufficient evidence to prove her kids were CHINS. But a dissenting judge expressed concern about the children incurring their mother’s “wrath” if left in her care.

COA: Despite driver’s admission to smoking meth, state failed to prove OWI

July 6, 2022 | Jordan Morey

A man who told Indiana State Police that he had smoked methamphetamine hours before he was pulled over has had his operating while intoxicated conviction reversed.

Articles

Opinions July 15, 2022

Indiana denied fees in foster care litigation

Lake County Council can have power over county purchasing, data collection, COA affirms

Insurer wrongly denied $10K to woman after crash, COA rules

After SCOTUS ruling, 7th Circuit vacates permanent injunction, remands Westfield billboard dispute

7th Circuit: Bloomington antitrust complaint against IU Health can proceed

COA rules officers’ show of ‘power and influence’ did not force defendant to allow entry

Trial court correctly denied grandmother’s motion to intervene in adoption, COA affirms

Appeals court: Congress can see some Trump financial records

Justices grant transfer to 1, deny 28 other cases

Opinions July 8, 2022

COA reverses drug charges because person of ‘ordinary intelligence’ wouldn’t know about crime

7th Circuit: Bloomington hospital complied with federal law before patient’s death

Opinions July 7, 2022

Adoption petitions can’t be granted in favor of deceased grandfather, COA affirms

COA calls a foul after Fighting Irish try to ‘piggyback’ on public project

7th Circuit rules Indiana worker did not prove pretext in firing

Split COA reverses CHINS determination despite mother’s mental illness

COA: Despite driver’s admission to smoking meth, state failed to prove OWI

Indiana Court Decisions: June 16-28, 2022