Indiana Court decisions – June 7-20, 2018
Read Indiana appellate decisions from the most recent reporting period.
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Divorce agreement read, assented to is valid, COA rules
The Indiana Court of Appeals affirmed the Marshall Circuit Court’s decision to deny a woman to repudiate her divorce settlement when she contended the agreement was invalid and motioned to correct error and for relief from judgment.
Supreme Court rules for American Express in credit card case
The Supreme Court is leaving in place a ruling for American Express in a lawsuit over rules it imposes on merchants who accept its cards.
Men charged in ATF agent’s shooting plead not guilty
Two men have pleaded not guilty to federal charges in Hammond stemming from an Indiana shootout that killed a third man and wounded an agent of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
Hearing delayed for boy charged in Indiana school shooting
A judge has delayed the fact-finding hearing of a 13-year-old boy accused of shooting another student and a teacher at a Noblesville school. It had been scheduled to begin Monday and last four days. It hasn’t been rescheduled yet.
E-filing now available in Montgomery County
Electronic filing is now available in more than 40 civil and criminal case types in the Montgomery Circuit and Superior Courts. By August 21, e-filing will be mandatory for attorneys in the Montgomery County courts for all subsequent and initial filings in case types that allow it.
Judges request public input on child support guidelines
The Domestic Relations Committee of the Judicial Conference of Indiana is seeking public comment on Indiana’s current child support guidelines. The committee will hold a public hearing at 10 a.m. on Aug. 17 in the Supreme Court Courtroom on the third floor of the Indiana Statehouse to discuss the guidelines and is also accepting written comments.
Indiana abortion laws challenged by national abortion advocates
Indiana’s abortion laws are once again being challenged in federal court, this time by national healthcare and abortion providers. Whole Woman’s Health Alliance and All-Options Pregnancy Resource Center filed suit on Thursday as co-plaintiffs in a case against the state, challenging the constitutionality of Indiana abortion laws.
7th Circuit begins search for bankruptcy judge ahead of Lorch retirement
The 7th Circuit Court of Appeals has begun the search for the next Indiana Southern District Bankruptcy Court judge as a current judge prepares to retire.Judge Basil J. Lorch III will soon vacate his position at the Southern District Bankruptcy Court after announcing his retirement in 2016.
Justices appoint Lake Superior judge pro tempore
Lake Superior Court Judge Diane Kavadias Schneider will temporarily step down from her seat on the bench after informing the court she would be unable to perform the duties of her office. Serving in her place as judge pro tempore will be attorney Stephen A. Tyler.
Vote on Indiana federal judicial nominees held over
The nominees for the Northern and Southern Indiana district courts will have to wait at least another week before they receive a vote from the U.S. Senate Committee on the Judiciary. The committee unanimously agreed Thursday to hold over a host of nominees to the federal bench, including Holly Brady and James Patrick Hanlon, nominees for the U.S. District Courts for the Northern and Southern Districts, respectively.
Potential Manafort jurors could be asked about IRS, Ukraine
Prosecutors in special counsel Robert Mueller’s office want to ask potential jurors at the upcoming trial of former Trump campaign manager Paul Manafort about their views of the IRS and Ukraine, among other topics. Prosecutors submitted a request Thursday to use a 20-page jury questionnaire at the trial scheduled for next month in Alexandria, Virginia.
Holcomb praises Supreme Court’s online sales tax ruling
Indiana Gov. Eric Holcomb is praising a U.S. Supreme Court ruling that says states can force online shoppers to pay sales tax. The 5-4 decision Thursday overturns earlier rulings, which determined companies shipping products to states where they didn’t have a physical presence weren’t obligated to collect the states’ sales tax.
Justices: Motel room used for sting operation was not ‘place of detention’
The Indiana Supreme Court has upheld the admission of incriminating statements made in a motel room during an undercover drug investigation after finding the motel room was not a “place of detention” requiring an electronic record of the statements. The court also created a test for analyzing whether a location can be considered a “place of detention” under Indiana Evidence Rule 617.
7th Circuit affirms drug dealer’s life sentence
The 7th Circuit Court of Appeals ruled in favor of the United States on Wednesday, affirming a man’s conviction and life sentence for buying and selling large amounts of narcotics.
High Court: Online shoppers can be forced to pay sales tax
The Supreme Court says states can force online shoppers to pay sales tax. The 5-4 ruling Thursday is a win for states, who said they were losing out on billions of dollars annually under two decades-old Supreme Court decisions that impacted online sales tax collection.
7th Circuit upholds denial of fraud on the court, attorney sanctions
The 7th Circuit Court of Appeals has upheld the denial of an Indiana’s man motion alleging fraud on the court and affirmed sanctions against his attorney, finding the district court did not err when making either ruling.
Justices reinstate murder, drug convictions after invited error
The Indiana Supreme Court has overturned a ruling for a convicted murderer to get a new trial and instead reinstated the murder and drug convictions after determining the defendant invited the structural error that compromised his right to an impartial jury.
Justices reverse NIPSCO rate increase, limit hikes for nonspecific projects
A utility rate increase to fund nearly $20 million of improvements for a northern Indiana power utility was struck down by the Indiana Supreme Court on Wednesday in a ruling the court said “will likely have enormous financial consequences for utilities and their customers.”
Supreme Court reverses judgment for man’s estate on uninsured driver claim
The Indiana Supreme Court reversed a trial court ruling in favor of a Goshen man’s estate seeking recovery of damages under the uninsured motorist policy held by his employer. The Indiana Court of Appeals also had ruled in favor of the estate of a man hit and killed by a passing driver while mowing his lawn.