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.
Court opinions
Articles
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.
Traveling actor didn’t meet criteria to receive CARES benefits, COA affirms
A self-employed traveling actor from New York shouldn’t have received pandemic unemployment assistance in Indiana via the CARES Act, the Court of Appeals of Indiana has affirmed, but not because of where her last employer was located.
Justices partially grant petition for rehearing in teen’s murder case, remove prejudice analysis
The Indiana Supreme Court has altered an October opinion reinstating a murder conviction against a defendant convicted as a teen of killing a toddler, granting rehearing to delete its prejudice analysis. The core holding of the opinion, however, remains unchanged.
Opinions Feb. 8, 2022
Court of Appeals of Indiana
Matthew A. Shrock, Jr. v. State of Indiana (mem. dec.)
21A-CR-932
Criminal. Affirms the findings that Matthew Shrock was guilty but mentally ill on two counts of Level 5 felony battery resulting in bodily injury to a public safety official. Finds the evidence does not lead only to the conclusion that Shrock was insane at the time of the offense.
Opinions Feb. 7, 2022
Court of Appeals of Indiana
Emily Styron, Mayor of the Town of Zionsville, Indiana v. Brad Burk, Alex Choi, Joseph Culp, Josh Garrett, Craig Melton, Jason Plunkett, and Bryan Traylor, Town Council of Zionsville, Indiana, and James C. VanGorder
21A-PL-1521
Civil plenary. Affirms the Boone Superior Court’s entry of summary judgment for the Town Council of Zionsville and its denial of Mayor Emily Styron’s motion for summary judgment. Finds that the power proposed to be exercised by the mayor — namely, to redefine the duties of the fire department chief, revise his job description and demote him — would, in its operation and effect, discharge the chief without the council’s approval as required under the express terms of the town’s 2014 reorganization resolution.
Zionsville mayor can’t demote fire chief without town council’s approval, COA affirms
The mayor of Zionsville cannot unilaterally demote the town’s fire chief without approval from the town council, the Court of Appeals of Indiana has affirmed.
Opinions Feb. 4, 2022
Court of Appeals of Indiana
Peggy Sue Higginson v. State of Indiana
21A-CR-1169
Criminal. Reverses the Posey Superior Court’s grant of the state’s motion to exclude expert witness testimony for Peggy Higginson on the basis that the expert’s anticipated testimony concerning Higginson’s PTSD diagnosis was inadmissible to support a claim of self-defense. Finds that Higginson may use effects-of-battery evidence in her self-defense claim. Also finds that Dr. Polly Westcott may testify as to evidence that relates to the general reasonableness of one’s apprehension of fear, given the psychological trauma which comes from battery, but may not reach an ultimate factual determination exclusive to the jury. Remands for further proceedings.
Justices grant transfer in computer trespassing case, split in denial of several others
Indiana Supreme Court justices have declined transfer to more than a dozen cases, splitting in their decisions for several of them. However, the high court agreed to hear one case involving computer trespassing.
Supreme Court affirms trial court’s denial of bail modification for teen
Upholding the trial court’s refusal to reduce the bond or grant conditional release to a teenager connected to a home invasion, the Indiana Supreme Court has also chided the Court of Appeals of Indiana for reversing the trial court and issuing a ruling that required the teen to be released immediately.
7th Circuit affirms, reverses on ‘bona fide error’ defense in consolidated debt suits
Two Indiana women who disputed debts they allegedly owed to debt-collection companies received conflicting results from the 7th Circuit Court of Appeals in a consolidated Wednesday decision.