Court opinions - The Indiana Lawyer

Opinions April 25, 2022

April 25, 2022

Court of Appeals of Indiana
Eric S. Rambo v. Liane K. Rambo
21A-DC-2472
Domestic relations with children. Reverses the Adams Circuit Court’s issuance of a provisional order related to Eric and Liane Rambo’s dissolution of marriage action that required the parties to auction their house in 90 days and to use that time “to rehabilitate the property to maximize its value to marital estate.” Finds Indiana Code § 31-15-4-8 does not allow a court to order the sale of property. Remands for the entry of a revised provisional order.

Property sales not permitted in divorce actions under provisional-order statute, COA rules

April 25, 2022 | Katie Stancombe

Provisional orders governing the affairs of parties in a pending divorce action do not permit trial courts to order the sale of property, the Court of Appeals of Indiana has ruled.

COA agrees father was underemployed but remands child support order

April 22, 2022 | Katie Stancombe

A father who was found to be voluntarily underemployed after his wife filed for divorce received a partial reversal Friday when the Court of Appeals of Indiana noted questions remained about his job opportunities and earnings level.

Default judgment against CBD company affirmed

April 22, 2022 | Katie Stancombe

An Indiana CBD company that refused to pay for a shipment of more than $200,000 of hemp could not convince an Indiana appellate court that it had excusable neglect for failing to respond to both a lawsuit filed against it as well as related court orders.

High court rules for state in case of man shackled at trial

April 22, 2022 | Associated Press

The Supreme Court said Thursday that a federal appeals court was wrong when it ordered Michigan to retry or release a convicted murderer because his rights were violated when he was shackled at trial.

Court upholds Puerto Ricans’ exclusion from benefits program

April 22, 2022 | Associated Press

The Supreme Court has upheld the differential treatment of residents of Puerto Rico, ruling that Congress was within its power to exclude them from a benefits program that’s available in all 50 states and the District of Columbia.

Supreme Court revives fight over painting stolen by Nazis

April 22, 2022 | Associated Press

The Supreme Court on Thursday kept alive a California man’s hope of reclaiming a valuable impressionist masterpiece taken from his family by the Nazis and now on display in a Spanish museum.

Opinions April 21, 2022

April 21, 2022

Court of Appeals of Indiana
Jesse L. Mathews v. State of Indiana
20A-CR-2229
Criminal. Affirms the Clay Circuit Court’s decision to use the state’s jury instruction on the issue of motive in a partial decapitation case in which Jesse Mathews was convicted of felony murder and Level 6 felony abuse of a corpse. Finds that either the trial court or the state’s instruction would have produced the same verdict. Also finds the trial court did not abuse its discretion is excluding evidence of a witness’s purported call to a police officer. Finally, finds a mistrial was not warranted in response to an individuals’ spontaneous testimony regarding a possible polygraph test, and the cumulative effect of the trial court’s decisions does not require reversal of Mathews’ conviction.

Appellate court affirms use of state’s jury instruction on motive in partial decapitation case

April 21, 2022 | Katie Stancombe

A pattern jury instruction on motive used in a murder case adequately equipped the jury to perform its role in convicting a man who tried to decapitate a woman he killed, the Court of Appeals of Indiana has ruled.

Change to habitual offender statute does not violate state constitution, COA rules

April 21, 2022 | Marilyn Odendahl

A defendant challenging his habitual offender status based on a change to state statute did not persuade the Court of Appeals of Indiana, which found the Legislature’s move to limit the jury’s role did not infringe on any constitutional rights.

COA reverses man’s resisting conviction due to lack of evidence

April 21, 2022 | Jordan Morey

The Court of Appeals of Indiana has partially reversed for a Greencastle man after it concluded testimony from a sheriff’s deputy wasn’t enough evidence for a resisting law enforcement conviction.

COA affirms marriage, widow gets pension

April 18, 2022 | Marilyn Odendahl

A terminally ill firefighter’s marriage days before his death to a woman who was 36 years his junior and the beneficiary of his pension was upheld by the Court of Appeals of Indiana, which found no evidence to support his children’s contention that the nuptials should be annulled because their father’s mental capacity was impaired by pain medication.

IN Supreme Court rules for Community Health in dispute over family records

April 14, 2022 | Katie Stancombe

The Indiana Supreme Court has ultimately found a hospital is not liable after one of its ex-employees compromised confidential health records of several former patients and another former employee in a family feud.

Indiana Court Decisions – March 24-April 6, 2022

April 13, 2022

Read Indiana appellate court decisions from the latest reporting period.

Former employers lose again in breach-of-confidentiality appeal, but attorney fees partially overturned

April 12, 2022 | Jordan Morey

A breach-of-confidentiality dispute between concrete-industry employees and their former employer returned to the Court of Appeals of Indiana for a second time but largely yielded the same result on Tuesday. However, one of the companies did score a partial win as the COA overturned an award of attorney fees.

Appeals court OKs Biden federal employee vaccine mandate

April 8, 2022 | Associated Press

President Joe Biden’s requirement that all federal employees be vaccinated against COVID-19 was upheld Thursday by a federal appeals court.

Tippecanoe School Corp. wins summary judgment on injured cheerleader’s negligence claim

April 7, 2022 | Katie Stancombe

The Tippecanoe School Corporation has secured summary judgment against a student’s negligence claim after the Court of Appeals ruled in its favor following a cheerleader’s injury.

COA: Trial court didn’t properly instruct jury in drug-induced homicide case

April 7, 2022 | Jordan Morey

A trial court’s erroneous decision to reject a defendant’s proposed preliminary instructions has led to the reversal of the defendant’s drug dealing conviction. But the Court of Appeals of Indiana left open the possibility of a retrial due to other significant evidence, including evidence of text messages sent and received by a man who died of a drug overdose.

7th Circuit: IN Legislature, not state, was employer of women who accused former AG Hill of groping

April 7, 2022 | Olivia Covington

Three of the four women who accused former Indiana Attorney General Curtis Hill of groping them cannot sue the state under Title VII, the 7^th Circuit Court of Appeals has ruled, finding the legislative staffers were employed by the Indiana House and Senate, not the state itself.

Opinions April 6, 2022

April 6, 2022

Court of Appeals of Indiana
State of Indiana v. Lamar Fox
21A-CR-2445
Criminal. Reverses the grant of Lamar Fox’s motion to suppress. Finds the home detention contract Fox signed explicitly stated he waived his Fourth Amendment and state constitutional rights. Also finds State v. Ellis, 167 N.E.3d 285 (Ind. 2021), applies.

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