Indiana Court Decisions – July 2–17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Courts
Articles
A big plus: Improved child support calculators aid lawyers, parents
Newly updated versions of the state’s child support calculators went live July 1, drawing surprise and praise from family law attorneys.
Conflicting opinions: Amid call to abolish city, town courts, proponents say venues have value
If you’ve ever been cited for violating a local ordinance, odds are you’ve ended up in a city or town court. While there have been calls to abolish them, the small-matter venues also have their defenders.
Judge Jacobs to return to Clark County bench next week
Clark Circuit Judge Bradley Jacobs, one of two judges wounded in an early-morning shooting in downtown Indianapolis in May, will return to the bench next week, the Indiana Supreme Court announced in an order Tuesday.
Widower can seek excess damages in med-mal complaint, COA rules
A widower may pursue excess damages from the Indiana Patient’s Compensation Fund upon the Indiana Court of Appeals’ finding that nothing in the Medical Malpractice Act requires him to accept a settlement offer from the doctor he alleged was responsible for his wife’s death.
COA affirms breach of contract, reverses malicious prosecution rulings
The Indiana Court of Appeals has partially affirmed a ruling against an automotive maintenance company in a breach of contract dispute with its landlord, while reversing in the company’s favor on its malicious prosecution claims.
15 apply for Lake County judicial vacancy
More than a dozen applicants are seeking to fill a Lake County judicial vacancy created by a judge’s retirement earlier this month. The vacancy in Lake Superior Court, Civil Division 6 was opened up when Judge John Pera retired July 1.
COA will hear free speech appeal in Facebook harassment case
An angry mother who made threatening posts on social media toward a police officer after the death of her son is now appealing her harassment conviction, arguing her free speech rights were violated.
Stevens praised as ‘brilliant man’ at Supreme Court ceremony
Retired Supreme Court Justice John Paul Stevens was remembered as a “brilliant man” with a “deep devotion to the rule of law” during a ceremony Monday at the court where he served for nearly 35 years.
Man’s ‘barely legible’ suit against judge, clerk, DOC staff rightly tossed
Despite recent changes to the Indiana Code of Judicial Conduct meant to aid pro se litigants’ ability to be heard in court, an appellate panel ruled Friday that an inmate’s suit against a judge, a clerk and others was so confusing and repetitive that it was rightly dismissed.
Appeals panel rejects man’s challenge of child molestation conviction
A man convicted of Level 1 felony child molesting and sentenced to 48 years in prison failed to convince the Indiana Court of Appeals that his victim’s medical report was improperly admitted or that her testimony was incredibly dubious.
Duke Energy sued for 2014 coal ash spill environmental harm
The federal, North Carolina and Virginia governments asked a court Thursday to declare the country’s largest electricity company liable for environmental damage from a leak five years ago that left miles of a river shared by the two states coated in hazardous coal ash.
Ex-IUPUI volleyball coach gets probation for child porn
A former college volleyball coach from Indianapolis has been sentenced to probation after pleading guilty to possessing sexually explicit images and videos of young girls. A Marion County judge recently sentenced Steven Payne to four years of probation and barred him from having internet access at home or work.
Stevens’ body to lie in repose at Supreme Court on Monday
The Supreme Court says the body of former Justice John Paul Stevens will lie in repose at the court on Monday. Stevens died Tuesday at age 99.
$100K bond for trucker in deadly Indiana crash
A judge has set a $100,000 bond for a Missouri truck driver facing felony charges for a highway construction zone crash in Indianapolis that killed a woman and her 18-month-old twin daughters.
2nd man sentenced in fatal southern Indiana gun shop robbery
An Indianapolis man has been sentenced to 30 years in federal prison for his role in the robbery and fatal shooting of a southern Indiana gun shop owner. A judge ordered the sentence Thursday after 24-year-old Darion Harris pleaded guilty.
Semi driver charged in weekend I-465 crash that killed 3
A Missouri semitrailer driver was in court Thursday to face multiple felony charges resulting from a weekend crash in a construction zone on Interstate 465 that killed an Indianapolis mother and her 18-month-old twin daughters.
Whether armed robber ‘physically restrained’ victims splits 7th Circuit
The question of whether an armed robber can be said to have physically restrained his victims as an enhancement under federal sentencing guidelines split the 7th Circuit Court of Appeals on Thursday. The ruling also deepened a wide circuit split on the issue, with judges answering the question by employing a classic legal maxim: It depends.
No additional charges in Trump hush-money probe
Federal prosecutors in New York have decided not to file any additional charges in their investigation of illegal hush money payments orchestrated by President Donald Trump’s lawyer to Stormy Daniels and Karen McDougal before the 2016 election.
Payments from $208M NCAA settlement begin in August
More than 50,000 former college athletes next month will begin collecting portions of a $208 million class-action settlement paid by Indianapolis-based NCAA in a case that challenged its caps on compensation.