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.
In a lesson to the lower courts about judicial economy, the Indiana Supreme Court has overturned a ruling that had prevented a health care provider from obtaining a declaratory judgment as to whether it could charge patients for the cost of nonformulary over-the-counter medications.
A green space in an Indianapolis residential subdivision should have received a common area property tax exemption for the 2016 and 2017 tax years, the Indiana Tax Court has affirmed.
The Court of Appeals of Indiana has reversed the suppression of evidence found during the search of a man’s hotel room after determining the defendant had waived his constitutional search-and-seizure protections in a home detention agreement.
In a victory for people falsely accused by police of crimes, the U.S. Supreme Court removed a barrier Monday to lawsuits against law enforcement for malicious prosecution.
A Goshen wife who discovered during divorce proceedings that her husband had actually been married to another woman during their marriage had her decree of annulment overturned after the Court of Appeals of Indiana found the man was not properly notified through a service by summons.
A request to reconsider a default judgment on a voided mortgage was denied after the Court of Appeals of Indiana concluded the appeal was untimely.
Court of Appeals of Indiana
In the Matter of the Marriage of: Andrew J. Hoesli v. Jamie L. Hoesli (mem. dec.)
21A-DC-2001
Domestic relations with children. Reverses the Perry Circuit Court’s division of property in the dissolution of the marriage of Andrew Hoesli and Jamie Hoesli. Finds the trial court erred by issuing a retroactive possession of property and excluding the Huber Funeral Home distributions from the marital estate. Remands for the trial court to include the distributions in the marital estate and either divide the marital property pursuant to the rebuttable presumption of an equal division or set forth its rationale for an unequal division of the marital estate.
A southeastern Indiana school district must face a former female employee’s discrimination and retaliation claims after a federal judge denied the school’s summary judgment motion.
Residents of Cass County who challenged the local government’s actions to lure a zinc oxide manufacturing facility to their community will have to put more skin in the game to continue their fight after the Court of Appeals of Indiana found they filed a public lawsuit that requires the setting of a bond.
Divorced parents who feuded so much they were described as having “drawn their swords” battled over custody of their child such that two trial court judges differed on which parent should have primary custody, but the Court of Appeals of Indiana determined the considerations of the case “make it rather straightforward” that the father should be the primary custodial parent.
A bank seeking to foreclose on an Indiana property can collect interest accrued during the early days of the COVID-19 pandemic despite emergency court orders tolling interest, the Court of Appeals of Indiana has ruled.
Determining the heart of the issue was “a lack of clarity in the Indiana Code,” a split Court of Appeals of Indiana panel ruled an adult criminal court rightly dismissed, for lack of jurisdiction, a child molesting charge against a man who allegedly forced a preteen to have sex with him when he was 16.
Lawsuits filed by students at Indiana and Purdue universities alleging breaches of contract when the schools moved to online learning because of the COVID-19 pandemic will proceed, the Court of Appeals of Indiana has ruled.
A man who failed to appear at two telephonic hearings for the appeal of his racetrack’s 2020 property tax assessment did not convince the Indiana Tax Court that a final determination against him should be overturned.
A trial court cannot release money seized from a defendant back to the defendant for the purpose of funding his or her defense, the Indiana Supreme Court has ruled. However, the forfeiture action in question will continue after the high court reversed summary judgment for the state.
In August 2019, this writer co-authored in these pages a discussion of admitting past medical expense evidence when plaintiff’s counsel elects not to do so. Two years later, the Indiana Court of Appeals has spoken on the issue.
Read Indiana appellate court decisions from the most recent reporting period.
On June 21, 2021, the Supreme Court of the United States unanimously ruled the National Collegiate Athletic Association couldn’t prohibit athletes on teams at member schools from receiving certain education-related compensation. In affirming the 9th Circuit Court of Appeals’ opinion in NCAA, et al. v. Alston, et al., college athletes were given the green light to get paid for their names, images and likenesses. By June 30, the NCAA had released an interim NIL policy, providing general guidelines as to how universities and athletes could approach NIL business ventures while also complying with existing NCAA bylaws prohibiting “pay-for-play” arrangements.
With the disputed facts of an officer-involved shooting not yet resolved, the 7th Circuit Court of Appeals has dismissed a request by multiple Indianapolis Metro Police Department officers for summary judgment on qualified immunity grounds.