A collection agency didn’t violate the Fair Debt Collection Practices Act when it attempted to collect attorney fees and “fees-on-fees” from an Indianapolis woman who defaulted on a small debt to an Indiana hospital system, the 7th Circuit Court of Appeals has ruled.
Indiana courts approach landowner liability cases by taking a broad approach to the type of plaintiff injured and the type of harm suffered. This avoids making landowners act as insurers to their patrons when the acts of third parties are involved. Yet the caselaw has not always been so clear.
Read Indiana appellate court decisions from the most recent reporting period.
Post-conviction relief will not be given to a convicted murderer who accused a prosecutor of suborned perjury and his appellate counsel of being ineffective, the Indiana Court of Appeals has affirmed.
A trial court erred in awarding judgment to an automotive supplier over a recruiting company in a breach of contract complaint, the Indiana Court of Appeals has ruled.
Indiana Court of Appeals
I.G. v. State of Indiana
21A-JV-00479
Juvenile. Reverses the Marion Superior Court’s judgment that juvenile I.G. was a delinquent child for committing what would be Class A misdemeanor carrying a handgun without a license if committed by an adult. Finds that the odor of marijuana smelled by a police officer making a traffic stop of the vehicle, by itself, was not enough to establish probable cause to arrest I.G. for possessing marijuana. Finds the search of I.G. was not a valid search incident to arrest and the court erred in admitting the handgun into evidence.
Indiana Court of Appeals
Ryan Gordon Tracy v. State of Indiana (mem. dec.)
20A-CR-2052
Criminal. Affirms Ryan Tracy’s conviction of three counts of child molesting as a Level 1 felony and one count of child molesting as a Level 4 felony, and his aggregate 40-year sentence. Finds a nurse’s training and education qualified her as an expert with regard to sexual assault examinations, and the Shelby Superior Court didn’t abuse its discretion in allowing her expert testimony. Also finds Tracy’s sentence is not inappropriate.
An injunction against several provisions of Indiana law that tighten access to abortions was stayed Wednesday by the 7th Circuit Court of Appeals. A dissenting judge, however, blasted the majority’s position and state laws that “piously purport to protect women’s health” while “chip(ping) away” at longstanding abortion precedent.
Indiana Court of Appeals
Termination: W.S. v. Indiana Department of Child Services (mem. dec.)
21A-JT-00509
Juvenile termination. Affirm the termination of W.S.’s parental rights to his son, J.S. Finds Father’s incarceration was only one of the reasons for termination. Finds that termination was not clearly erroneous.
The Indiana Court of Appeals on Tuesday upheld a protective order requested by a father on behalf of his son after a domestic incident occurred with his mother’s former boyfriend that left the kid with a bloodied nose.
Indiana Court of Appeals
Taylor Jones v. G.H., by next friend, K.H.
21A-PO-555
Protective order. Affirms a grant of an order for protection to G.H. by his next friend and father, K.H., against Taylor Jones. Finds sufficient evidence to support the protection order.
The 7th Circuit Court of Appeals has vacated an Indiana Southern District Court ruling in an environmental cleanup dispute in Indianapolis, finding its determinations on apportionment and allocation of liability required remand.
7th Circuit Court of Appeals
Kirk Jones v. Kevin Ramos
20-2017
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty. Civil. Affirms the Northern District Court’s dismissal of Kirk Jones’ personal injury case without prejudice for failure to timely serve the summons and complaint on the defendants, including Kevin Ramos. Finds Jones had filed the suit only two days short of the limitations period, and therefore the ruling effectively ended the litigation. Finds the district court did not abuse its discretion when it reasonably applied prevailing 7th Circuit law.
Indiana Supreme Court
Jesse R. Bunnell v. State of Indiana
21S-CR-139
Criminal. Affirms the denial of Jesse Bunnell’s motion to suppress in his marijuana case. On an issue of first impression, finds that an officer who affirms that they detect the odor of raw marijuana based on their training and experience may establish probable cause without providing further details on their qualifications to recognize this odor. Justice Christopher Goff concurs in result without separate opinion. Justice Mark Massa concurs with separate opinion.
If a law enforcement officer believes they smell raw marijuana based on prior training and experience, they may establish probable cause for a search warrant based on that training and experience, the Indiana Supreme Court has ruled on an issue of first impression.
A Monroe County couple is not entitled to claim homestead deductions on both their Illinois and Indiana homes, which they had done for several years after moving to Indiana, the Indiana Tax Court has ruled.
The Indiana Court of Appeals has dismissed a man’s interlocutory appeal arguing his Sixth Amendment rights were violated after it found the defendant was partially responsible for the delay in his trial and there wasn’t enough evidence to conclude official negligence by the state.
The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Sydney Renner v. Trevor J. Shepard-Bazant
21S-CT-138
Civil tort. Affirms the Lake Superior Court’s decision to reduces its damages award for Sydney Renner based on Renner’s failure to mitigate her damages and failure to show that an accident involving Trevor Shepard-Bazant cause all of her damages. Finds that the trial court permissibly weighed the evidence before it to determine that Renner’s post-accident conduct did cause her harm. Also finds the trial court inadequately addressed the eggshell-skill rule and treated Renner’s prior injuries as separate incidents. Finally, finds the trial court abused its discretion in calculating damages. Remands to the trial court to take the eggshell-skull rule into account and recalculate damages.
The Indiana Supreme Court granted transfer to three cases last week, including the case in which the NCAA sought to keep its executives from sitting for depositions in a concussion lawsuit.
Read Indiana appellate court decisions from the most recent reporting period.