Court opinions - The Indiana Lawyer

Opinions May 2, 2022

May 2, 2022

Court of Appeals of Indiana
In Re: The Change of Gender of: O.J.G.S., A Minor, S.G.S.
21A-MI-2096
Miscellaneous. Affirms the Allen Circuit Court’s denial of S.G.S’s petition on remand to change the gender marker on her minor transgender daughter’s birth certificate pursuant to Indiana Code § 16-37-2-10. Finds that I.C. 16-37-2-10 has been improperly interpreted and does not grant Indiana courts the authority to order a change of a gender marker on a birth certificate. Urges the Indiana Supreme Court to speak on the matter. Judge L. Mark Bailey concurs in result with separate opinion. Judge Paul D. Mathias dissents with separate opinion.

Reversal: Same name not sufficient evidence for serious violent felon conviction

May 2, 2022 | Marilyn Odendahl

A Decatur County man facing an aggregate sentence of 30 years had his Level 4 felony conviction overturned after the Court of Appeals of Indiana ruled that a defendant having the same name as a person convicted in a previous drug case was not enough to sustain a conviction as a serious violent felon.

Split COA affirms denial of minor’s gender-marker change, calls on Supreme Court for help

May 2, 2022 | Katie Stancombe

Making an about-face, a sharply divided panel of the Court of Appeals of Indiana has affirmed the denial of a mother’s second request to change her transgender child’s birth certificate gender marker. But noting its own conflicting precedent, the COA called on the Indiana Supreme Court to help resolve the issue.

COA upholds admission of subsequent bad acts in domestic violence case

May 2, 2022 | Jordan Morey

A trial court didn’t abuse its discretion when it admitted evidence of subsequent bad acts committed by a Fort Wayne man who continued to abuse his girlfriend after his arrest, the Court of Appeals of Indiana has ruled.

7th Circuit chastises Northern Indiana District Court for plain error in sentencing

April 29, 2022 | Marilyn Odendahl

Finding the error in sentencing affected the “fairness, integrity, and public reputation of the proceedings,” the 7^th Circuit Court of Appeals has vacated a judgment and remanded an Indiana man’s sentence on federal drug charges because the district court failed to properly calculate the incarceration time under the First Step Act.

COA reverses intimidation conviction for lack of intent

April 29, 2022 | Marilyn Odendahl

Despite allowing a Level 6 felony conviction to stand, the Court of Appeals of Indiana has reversed a Level 5 felony intimidation conviction, finding that even though the defendant acknowledged he had threatened to kill his sisters, he did not actually intend to prevent them from calling the police.

Denial of motion to set aside default judgment was error, COA rules

April 29, 2022 | Jordan Morey

A trial court erroneously denied a motion to set aside default judgment against a building company when it considered that motion just one day after it was filed without giving notice to the defendants, the Court of Appeals of Indiana has ruled.

COA reverses protective orders, remands classmates’ stalking case for judge’s improper comments

April 29, 2022 | Jordan Morey

A pair of protective orders issued against two brothers by a classmate have been reversed after the Court of Appeals of Indiana determined the defendants weren’t given an impartial hearing and were denied due process by the Lawrence Circuit Court.

Justices limit discrimination claims for emotional distress

April 29, 2022 | Associated Press

The U.S. Supreme Court on Thursday upheld the dismissal of a discrimination lawsuit filed by a deaf, legally blind woman against a physical therapy business that wouldn’t provide an American Sign Language interpreter for her appointments.

7th Circuit affirms gang member’s convictions, sentence for ‘war zone’ shootout

April 28, 2022 | Jordan Morey

A northern Indiana gang member involved in a drug robbery-turned-shootout that resulted in a murder will not have his convictions overturned or sentenced reduced on federal appeal.

Justices allow admissions policy at prestigious high school

April 26, 2022 | Associated Press

The U.S. Supreme Court has turned away a plea from parents to block a new admissions policy at a prestigious high school in northern Virginia that a lower court has found discriminates against Asian American students.

Court won’t revive ban on secret filming at slaughterhouses

April 26, 2022 | Associated Press

The U.S. Supreme Court on Monday rejected an appeal by Kansas to revive a law, earlier struck down by lower courts, that banned secret filming at slaughterhouses and other livestock facilities.

Indiana Court Decisions – April 7-20, 2022

April 26, 2022

Read Indiana appellate court decisions from the latest reporting period.

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.

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