Indiana Court Decisions: June 29-July 12, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
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.
Indiana denied fees in foster care litigation
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 7th 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
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
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
The 7th 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
A Bloomington surgeon alleging Indiana University Health violated federal antitrust laws by acquiring local competitors has convinced the 7th Circuit Court of Appeals to reinstate his complaint.
COA rules officers’ show of ‘power and influence’ did not force defendant to allow entry
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
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
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
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
7th 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
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
A widower who sued a Bloomington hospital for failure to operate following his wife’s death did not find relief at the 7th 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
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
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
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
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 7th Circuit Court of Appeals found she could not overcome the pretext hurdle because she essentially offered only a hunch without any supporting evidence.