Justices to hear arguments in 5 cases, decline nearly 40 others
Indiana Supreme Court justices granted transfer to five cases last week, declining review of nearly 40 others.
Indiana Court of Appeals
Articles
COA affirms dismissal of mom’s false arrest claims
The Indiana Court of Appeals has affirmed the dismissal of a mother’s complaint against a deputy chief of police, which alleged he created a false affidavit for her arrest after she allegedly touched her child in an “abusive” manner.
Plaintiffs in RTFA dispute ask Indiana Supreme Court for review
Neighbors to an 8,000-head hog farm are asking the Indiana Supreme Court for relief, arguing Indiana’s Right to Farm Act does not give blanket immunity to all negligence and trespass claims. Martin Richard and Janet Himsel and Robert and Susan Lannon have filed a petition to transfer their complaint over a concentrated animal feeding operation near their farms in Hendricks County.
Reversal: Jury instruction on man’s failure to mitigate damages was error
A man who claimed a semi-truck driver and the driver’s employer caused him personal injuries after an interstate collision will receive a new damages trial after the Indiana Court of Appeals found that an instruction given to the jury on the man’s failure to mitigate his damages was erroneous.
Sex offender registration requirement reversed for voyeurism conviction
A man convicted of voyeurism won’t have to register as a sex offender, the Indiana Court of Appeals ruled, concluding the man was not convicted of a crime requiring that he do so.
COA affirms denial of insurer’s motion to set aside default judgment
An insurance company failed to persuade the Indiana Court of Appeals to set aside a $400,000 default judgment against its insured defendants based on the argument that it had an interest in limiting future liability related to the underlying truck crash liability lawsuit.
Admission of parents’ drug tests upheld in TPR case
Parents who objected to the admission of drug tests in their termination of parental rights hearing were unable to convince the Indiana Court of Appeals that their children would not be affected by their drug use. The panel affirmed removal would be in the children’s best interests.
City ‘full speed ahead’ on Oaktree apartments demolition
Indianapolis officials said Wednesday they expect to move forward with demolishing a blighted northeast-side apartment complex, after the owner of the property failed to request a last-ditch hearing by the state’s high court.
Reversal: Appeals court strips charter schools of $8.5M tuition judgment
Several Indiana charter schools couldn’t convince an Indiana Court of Appeals panel that they are entitled to a semester’s worth of tuition support funding, as a trial court had ruled.
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.
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.
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.
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.
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.
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.
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.