COA affirms dissolution order despite husband’s arguments
The Boone Superior Court did not err in ordering an unequal division of a former couple’s marital estate, the Court of Appeals of Indiana has ruled.
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Tax Court reverses for property owner in homestead deduction, tax cap dispute
An Indianapolis homeowner’s carriage house and detached garage are eligible for the standard homestead deduction and a 1% property tax cap, the Indiana Tax Court ruled in a Wednesday reversal, despite the Indiana Board of Tax Review’s decision to the contrary.
Homeowner loses appeal seeking to have insurance settlement pay her attorneys
An Indianapolis woman whose property fell into foreclosure after her house burned was unable to convince the Court of Appeals of Indiana that her mortgage allowed for part of the insurance payment to cover her attorney fees.
7th Circuit determines $435K arbitration award was money judgment, not property interest
A $435,000 arbitration award was a money judgment that is subject to discharge in a bankruptcy case, the 7th Circuit Court of Appeals ruled in a dispute between ex-spouses.
IN justices rule probation officers are state employees, must be defended by attorney general
Probation officers are state employees who must be defended by the Indiana attorney general against litigation, the Indiana Supreme Court has ruled, reversing lower court rulings in favor of the state.
7th Circuit reverses 16-year drug sentence, finds district court relied on unsubstantiated allegations
Finding federal prosecutors failed to present any evidence to support the allegation that Edward Gibbs confessed to conspiring to distribute 4.5 kilograms of crystal meth, the 7th Circuit Court of Appeals overturned his 16-plus-year sentence and remanded for resentencing at a lower offense level.
Opinions Feb. 23, 2022
7th Circuit Court of Appeals
In Re: Donald Wayne Harshaw, Elizabeth Anne Harshaw v. Donald Wayne Harshaw
21-1423
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Holly A. Brady.
Civil. Affirms the district court’s ruling allowing Donald Harshaw to discharge an arbitrator’s award in a bankruptcy action. Finds the award was for a money judgment and thus subject to discharge.
COA allows state to prosecute man after federal acquittal on related charge
A trial court erred when it dismissed state charges against a man who was acquitted in federal court on a charge stemming from the same incident, the Court of Appeals of Indiana has ruled.
COA affirms for estate in dispute with former business associate
A man who found himself in a dispute with his former business partner’s estate failed to convince the Court of Appeals of Indiana to overturn rulings favorable to the estate but not to him.
Revocation of hospital privileges affirmed against Fort Wayne cardiologist
A Fort Wayne doctor who lost privileges at an area hospital failed to convince the Court of Appeals of Indiana that his privileges should be reinstated.
Opinions Feb. 18, 2022
Court of Appeals of Indiana
L.M. v. Review Board of the Indiana Department of Workforce Development
21A-EX-990
Agency action. Reverses the Review Board of the Indiana Department of Workforce Development’s decision to affirm an administrative law judge’s ruling that L.M. did not timely file an appeal regarding her denial of pandemic unemployment assistance benefits. Finds a denial sent electronically is sent the same day it was received, so L.M.’s appeal was timely. Remands for further proceedings.
Appellate court allows appeal of pandemic unemployment benefits denial to proceed
An Indiana woman may administratively appeal the denial of her application for pandemic unemployment benefits, the Court of Appeals of Indiana ruled after the Department of Workforce Development failed to present evidence challenging the timeliness of the appeal.
COA: No error in failure to preserve syringe for jury trial examination
A man was not denied due process when a syringe found in his car was not preserved for examination during a jury trial against him, the Court of Appeals of Indiana has ruled.
Opinions Feb. 16, 2022
Court of Appeals of Indiana
In the Matter of the Paternity of J.K.: Moussa Henry Kante v. Carrie E. Long
21A-JP-1470
Juvenile paternity. Affirms the Johnson Circuit Court’s order modifying parenting time for Carrie E. Long to have her son J.K. with her during most of the summer to accommodate his basketball schedule rather than in Texas with his father, Moussa Kante. Finds the parenting time award was both consistent with the Indiana Parenting Time Guidelines and was reasonable. Also finds the trial court explained, in writing, why the deviation from the guidelines was appropriate, and it did not abuse its discretion. Finally, finds the trial court was not required to make the factual finding contemplated by Indiana Code § 31-14-14-1.
COA: Trial court didn’t err when modifying parenting time based on basketball schedule
A parenting time modification that was granted to accommodate a teen’s summer basketball schedule was not an abuse of discretion by the Johnson Circuit Court, the Court of Appeals of Indiana has ruled.
Indiana Court Decisions – Jan. 27-Feb. 9, 2022
Read Indiana appellate court decisions from the most recent reporting period.
No constitutional violation when defendant ordered to smile for jury, COA rules
The Wells Circuit Court didn’t violate a methamphetamine dealer’s Fifth Amendment rights when it ordered him to show his teeth to a jury to demonstrate he was the same person that was in an incriminating video, according to the Court of Appeals of Indiana.
Opinions Feb. 10, 2022
Court of Appeals of Indiana
Jeffery L. Weaver, Jr. v. State of Indiana (mem. dec.)
21A-CR-911
Criminal. Affirms Jeffery L. Weaver Jr.’s convictions of dealing in methamphetamine and possession of a narcotic drug. Finds the pat down and detention of Weaver did not violate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution, so the Jay Circuit Court did not err in admitting the challenged evidence.
COA: Family can keep title by adverse possession of lakefront walkway
A family that has used and maintained a walkway to access a lake near their home for more than 60 years may keep a newly awarded fee simple title by adverse possession, the Court of Appeals of Indiana has affirmed.
7th Circuit rules ALJ failed to consider extent of disability caused by rape
The 7th Circuit Court of Appeals has overturned the denial of Social Security disability benefits for an honorably discharged female member of the U.S. Coast Guard who was raped by a fellow service member, finding the administrative law judge’s determination was not supported by the substantial evidence.