Indiana Court Decisions – July 1-14, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Supreme Court defines ‘patient’ to include third-party plaintiff
Does the definition of “patient” in Indiana’s Medical Malpractice Act encompass third parties? The Indiana Supreme Court, in considering a certified question from the 7th Circuit Court of Appeals, has decided the answer is “yes.” But not every justice was convinced.
7th Circuit ruling expands ministerial exception, potentially impacting Indiana high school cases
Shelly Fitzgerald and Lynn Starkey, former guidance counselors at Roncalli High School, and Joshua Payne-Elliott, a former foreign language and social studies teacher at Cathedral High School, all filed separate lawsuits against the Roman Catholic Archdiocese of Indianapolis after they were all terminated from their jobs because they are in same-sex marriages. This month’s decision from the 7th Circuit in Demkovich v. St. Andrew the Apostle Parish, 19-2142, could change the trajectory of each of those cases.
Opinions July 20, 2021
Indiana Court of Appeals
In Re: The Paternity of B.G.H.; Kelsey Morrison v. Aaron Harmon
20A-JP-2387
Juvenile paternity. Affirms the Delaware Circuit Court’s orders in a paternity action involving Kelsey Morrison and Aaron Harmon that determined Indiana was a more convenient forum than Michigan; awarded the parties joint legal custody of their son, two-year-old B.H.; awarded father parenting time in Indiana on alternating weekends; and ordered father to pay $85 per week in child support. Finds the Delaware Circuit Court did not err or abuse its discretion. Judge Elizabeth Tavitas concurs in result with separate opinion.
Biological father wins in stepfather’s bid to overturn paternity, adopt child
A stepfather seeking to vacate a paternity determination and adopt his wife’s child was not permitted to do so after the Indiana Court of Appeals concluded that the biological father’s consent to the adoption was required.
Convicted murderer gets habitual offender status reversed
A Vanderburgh County man convicted of multiple felonies including murder has convinced the Indiana Court of Appeals to overturn his habitual offender adjudication because, in admitting his prior convictions, he did not waive his right to a jury trial.
7th Circuit blocks IDEA program for removing voters from state rolls
The 7th Circuit Court of Appeals has affirmed the preliminary injunction against the enforcement of an Indiana law that allows election officials to remove voters from the state’s voting rolls without getting consent from the individuals themselves.
Opinions July 19, 2021
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline on Friday.
Peggy Jo Smith v. Professional Transportation and Ronald D. Romain
20-2046
Appeal from United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Vacates the Southern District Court’s summary judgment order in part and remands with instructions to permit Peggy Jo Smith’s individual claims to proceed against Professional Transportation Inc. Finds that the district court erred by refusing to allow Smith to proceed on her individual claims and that she is entitled to proceed individually, regardless of what happens to the collective action.
‘A blaring siren’ for Democrats after ruling halts DACA
Immigrants and advocates are urging Democrats and President Joe Biden to quickly act on legislation to protect young immigrants after a federal judge in Texas on Friday ruled illegal an Obama-era program that prevents the deportation of thousands of them brought into the U.S. as children.
Opinions July 16, 2021
Indiana Court of Appeals
Carl Eugene McDonald v. State of Indiana
21A-CR-363
Criminal. Dismisses in part, affirms in part, reverses in part. Finds Carl McDonald may not challenge on direct appeal the validity of his convictions for operating a vehicle while intoxicated, endangering a person with a passenger less than e18 years old, a Level 6 felony; three counts of Level 6 felony neglect of a dependent; operating a motor vehicle without ever receiving a license, a Class C misdemeanor; and for being a habitual vehicular substance offender. Also finds that the Cass Superior Court abused its discretion in sentencing McDonald but that remand to the trial court is only necessary so that the HVSO enhancement may be attached to a specific felony. Dismisses McDonald’s double jeopardy claims without prejudice so that they may be brought through a petition for post-conviction relief. Remands with instructions to correct the abstract of judgment.
Appellate court reverses order vacating default judgment nearly 10 years later
The Indiana Court of Appeals has reversed a trial court’s order vacating a nearly decade-old default judgment in a debt collection dispute, finding the debtor’s delay in bringing his fraud allegation was not reasonable.
COA partially reverses to clarify which conviction was enhanced in drunken driving case
A man who drove drunk with his three young grandchildren in the car cannot challenge the validity of his convictions on direct appeal, but the Indiana Court of Appeals remanded Friday so that his habitual vehicular substance offender enhancement could be attached to a specific felony.
Michigan lawyer loses challenge to mandatory membership in state bar
A federal appeals court has rejected a challenge to a policy that requires lawyers to join the State Bar of Michigan.
IUPUI male student loses bid to stop 2-year suspension based on sexual harassment
An Indianapolis college student suspended for an act of sexual misconduct has lost his bid to stop the two-year suspension from taking effect. The ruling also implicates the student’s immigration status.
Indianapolis Archdiocese uses new 7th Circuit ruling to counter Roncalli lawsuit
Days after the 7th Circuit Court of Appeals found the ministerial exception protects a Chicago Catholic Church from a lawsuit brought by a fired employee, the Indianapolis Archdiocese is citing the decision to bolster its argument that the employment lawsuit filed by former Roncalli High School counselor Lynn Starkey should be dismissed.
Opinions July 15, 2021
Indiana Court of Appeals
Stephen M. Davis v. State of Indiana (mem. dec.)
21A-CR-52
Criminal. Affirms Stephen M. Davis’ sentence to five years executed in the Department of Correction for his conviction of Level 5 felony attempted overpass mischief. Finds the Madison Circuit Court did not abuse its discretion when it sentenced Davis. Also finds Davis’ sentence is not inappropriate in light of the nature of the offense and his character. Judge Elizabeth Tavitas concurs in result with separate opinion.
20 states including Indiana support South Carolina in abortion lawsuit
Twenty states including Indiana are supporting South Carolina’s defense of a new abortion law, arguing in an amicus brief that a federal judge was wrong to pause the entire measure instead of just the provision facing a court challenge.
Opinions July 14, 2021
7th Circuit Court of Appeals
Mike Butler v. Kilolo Kijakazi, Acting Commissioner of Social Security
20-3187
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms the denial of Mike Butler’s request for disability insurance benefits under Title II of the Social Security Act. Finds the administrative law judge did not fail to consider Butler’s age. Also finds the ALJ followed the procedures that are appropriate to a case such as this one in which exertional and nonexertional impairments impede the claimant’s ability to perform some jobs within a category. Finally, finds any error in the district court’s failure to recite expert testimony as to the number of jobs available to Butler to Indiana was harmless.
Appeals court: Dealers can sell handguns to 18-year-olds
A federal law that for more than 50 years has banned licensed firearms dealers from selling handguns to young adults between ages 18 and 21 is unconstitutional, a federal appeals court ruled Tuesday.
Opinions July 13, 2021
Indiana Court of Appeals
In re the Matter of D.L. (Minor Child), M.L. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JC-2108
Juvenile CHINS. Affirms the adjudication of father M.L.’s minor child, D.L., as a child in need of services. Finds M.L. has not established that his due process rights were violated or that the juvenile court abused its discretion when it refused to take judicial notice of his pending post-conviction relief petition. Also finds the Department of Child Services proved D.L. is a CHINS.