Appellate court affirms TPR case involving drug abuse
A mother struggling with drug abuse did not convince the Indiana Court of Appeals on Tuesday that her parental rights for her two sons should not be terminated.
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Reversal: Homeowner cannot withhold HOA fees in protest
An Indianapolis resident who refused to pay his homeowner association fees due to the deteriorating conditions of the neighborhood couldn’t convince the Indiana Court of Appeals that he shouldn’t have to pay.
Proper forum for dispute is tax court, not bankruptcy
A federal appellate panel has answered questions as to whether a bankruptcy court can determine the amount of a debtor’s tax obligations when the debtor is unlikely to pay them. Although a U.S. Bankruptcy Court for the Southern District of Indiana answered yes to that question, a district judge disagreed.
COA dismisses ex-bank employee’s appeal in noncompete case
The Indiana Court of Appeals has dismissed a man’s appeal of a preliminary injunction against him in a noncompete dispute with the bank that formerly employed him.
Justices order new drunken driving trial after possible juror bias
A woman convicted on a drunken driving charge will get a new trial after the Indiana Supreme Court unanimously threw out her conviction on Friday. The justices remanded the Marion County case because the trial court did not hold a hearing to determine whether the defendant could have challenged a selected juror who later admitted that a family member had been killed by a drunken driver.
COA remands for clarification of father’s domestic violence, psych evaluation orders
A father’s erratic fit of rage at the hospital following the birth of his second child supported the Indiana Court of Appeals’ affirmation of a divorce order sought by his wife. However, that order was remanded to clarify the man’s participation in a domestic violence program and a psychological evaluation, as well as a child support recalculation.
Federal court blocks Indiana law banning smokable hemp
Indiana’s law criminalizing smokable hemp has been snuffed out, at least temporarily, by a federal court, which found the proponents of hemp made convincing arguments that the federal farm bill of 2018, expanding the definition of hemp and removing the plant from the federal schedule of controlled substances, pre-empted the state statute.
Supreme Court releases 2019 annual report
The Indiana Supreme Court has released its annual report, revealing details from the 870 cases it reviewed during the past fiscal year, as well updates on its attempts to address Indiana’s opioid crisis, and its milestones of certifying 100 problem-solving courts and wrapping up the rollout of statewide electronic filing.
Pittsboro must pay officer more than $70K after wiretapping verdict
A Pittsboro law enforcement officer who won a $15,000 damages award on a claim that police officials were illegally recording his conversations has also been awarded more than $70,000 in attorneys’ fees and costs.
Judicial Conference doubles PACER fee waiver, adopts model workplace dispute resolution plan
The United States Judicial Conference has doubled the quarterly fee waiver for PACER users, a move the courts say will result in more than 75% of users paying no fees in a given quarter.
Ruling for Madison County upheld in inmate housing lease dispute
The Indiana Court of Appeals has affirmed a ruling for Madison County in a lease dispute with a property manager that housed county inmates before the county backed out of the agreement years early.
COA affirms child molesting conviction in ‘drumbeat repetition’ appeal
A man convicted of child molesting failed to convince the Indiana Court of Appeals on Wednesday that testimony referring to the victim’s out-of-court statements should have been excluded at trial.
Maxim party host that sued IMS, then lost $75K in countersuit, loses appeal
A federal appeals court upheld a jury’s award of $75,000 to Indianapolis Motor Speedway in a breach of contract lawsuit brought by an event-planning company that had sued IMS due to poor ticket sales at a party marking the 100th running of the Indy 500.
Facebook case dissent challenges harassment statute
When an Indiana Court of Appeals judge recently veered away from his colleagues’ conclusion that a grieving mother’s statements in a social media post could be constitutionally restricted and prosecuted, he went even further, calling Indiana’s harassment statute unconstitutionally overbroad. Many First Amendment attorneys agree.
Indiana Court Decisions – Aug. 28-Sept. 11, 2019
Read Indiana appellate court decisions from the most recent reporting period.
After judge’s plea, JQC investigating shooting
Though he’s past the legal ramifications of an early-morning shooting in May, Clark Circuit Judge Andrew Adams must still face a judicial discipline action investigating the matter. His plea and the highly publicized nature of the shooting led the Indiana Judicial Qualifications Commission to take the rare step of publicly confirming its investigation of the incident.
Undocumented immigrant sentenced in drunk driving crash that killed Colts player
The undocumented immigrant charged in connection with the February 2018 crash that killed Colts linebacker Edwin Jackson has been sentenced to 3½ years in federal prison.
Southern District finds ‘immediate need’ to remove, amend death penalty rule
The Indiana Southern District Court determined there was an immediate need to delete Local Criminal Rule 6-1 – Petitions Under 28 U.S.C. Section 2254 or 2255 in Cases Involving a Sentence of Capital Punishment, according to a Monday notice. In response, the rule was replaced with the adoption of Local Criminal Rule 38-2 – Cases Challenging the Conviction and/or Sentence Where a Sentence of Death Has Been Imposed.
Supreme Court accepting applications for state public defender
The Indiana Supreme Court is now accepting applications for the state’s next public defender. Indiana’s current public defender, Stephen Owens, is retiring in December.
COA rules for tenant in landlord’s breach of contract case
An apartment tenant facing eviction who alleged his landlord failed to take keep the space safe, clean and habitable won favor from an appellate panel Tuesday.