Indiana Court decisions – Aug. 1-14, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
Appellate court reverses TPR for speculative incarceration
A Vigo County father’s parental rights must be restored, the Indiana Court of Appeals has ruled, finding evidence that he might be incarcerated for several years insufficient to support a termination order.
Judgment reversed for woman who posted bond, then fatally shot defendant
A dispute over who should receive bond money paid on behalf of a now-deceased defendant will proceed in court after the Indiana Court of Appeals reversed summary judgment for the woman who posted the bond then fatally shot the man.
Court of Appeals affirms dismissal of ‘purely hypothetical’ med-mal question
The Indiana Court of Appeal found a widow’s argument that she should have access to the Indiana Patient’s Compensation Fund was not ripe for judicial review.
SVF finding stands for man with California robbery conviction
A man who initially showed signs of wanting to be arrested has lost his argument on appeal that his out-of-state robbery conviction was substantially like the same crime in Indiana, thus qualifying him a serious violent felon.
Ford dealership’s undisclosed finance charge not an ‘additional charge,’ COA holds
The Indiana Court of Appeals has affirmed a finding that a Ford dealership failed to disclose a $25 convenience fee for its credit customers as a finance charge. It also reversed an Indiana Department of Financial Institutions’ finding that because the fee was not disclosed in the finance charge box, it must be an additional charge.
COA: Franciscan not liable for patient’s files posted on social media
A woman whose medical records were improperly accessed and posted on Facebook was unable to get a remedy when the Indiana Court of Appeal found Franciscan Alliance Inc. was neither liable nor negligent for the actions its employee.
Teen murder wavier to adult court affirmed; police custody issue splits COA
A juvenile court’s rulings in a murder case implicating a 15-year-old boy who had gone to the police station to answer questions after he had been treated for stab wounds were upheld Monday by the Indiana Court of Appeals.
COA upholds murder conviction against new boyfriend
A man who shot his girlfriend’s ex-boyfriend in the head at close range failed to persuade the Indiana Court of Appeals to overturn his murder conviction.
Drug dealer’s appeal fails to show prosecutorial misconduct
A prosecutor’s suggestion to jurors during closing arguments that the volume of fentanyl in a habitual drug dealer’s possession had the potential to kill thousands of people did not constitute fundamental error. The Indiana Court of Appeals on Friday rejected that and other arguments of a man convicted and sentenced to 40 years in prison.
COA affirms ruling against ex-wife in husband’s IRA case
A woman seeking to obtain the full balance of her late husband’s individual retirement account couldn’t convince an appellate court that she shouldn’t have been denied summary judgment against his estate.
Judgment for sign company in digital billboard fight reversed
A judgment in favor a sign company that converted a large billboard in Lawrence to a digital display was reversed on appeal Friday. The Indiana Court of Appeals remanded a lawsuit brought by the city of Indianapolis, setting the stage for a possible trial over whether the digital billboard may remain.
Indiana AG asks high court to take up Munster Schools retirement pay dispute
Indiana’s attorney general is turning to the state’s high court in his battle to force two retired school superintendents to repay hundreds of thousands of dollars. Attorney General Curtis Hill recently filed a petition asking the Indiana Supreme Court to accept transfer of his civil lawsuit against former School Town of Munster superintendents William Pfister and Richard Sopko.
COA continues terms of justice center lease in Floyd County
Although the city of New Albany argued holdover tenants should not be given “another bite at the apple,” the Indiana Court of Appeals affirmed its original ruling that continued occupancy of the criminal justice center maintains the terms and conditions of the lease even after the agreement as expired.
Grandma’s visitation order vacated after parents’ marriage
A grandmother fighting to keep a visitation order for her out-of-wedlock grandchildren failed to persuade an Indiana Court of Appeals panel to rule in her favor. Instead, the panel concluded grandparent visitation orders do not survive the subsequent marriage of the natural parents of a child born out of wedlock.
Reversal: Drugs found in sock not admissible
Three Clark County drug convictions were overturned Thursday after the Indiana Court of Appeals determined drug evidence found in a suspect’s sock should not have been admitted.
COA: Court disregarded procedures in PCR case
The Indiana Court of Appeals has reversed a man’s denied petition for relief from what he alleged as conspiracy to wrongfully convict and confine him, among other things, after finding a post-conviction court erred in the procedure it used to dispose of his petition.
Indianapolis’ Oaktree Apartments demolition order affirmed
A demolition order for a northeast-side Indianapolis apartment complex vacant for more than five years was affirmed Thursday by the Indiana Court of Appeals, which stopped short of ordering the dilapidated property’s owners in England to pay the city’s legal fees in long-running nuisance litigation.
Receiver for million-dollar Corvette affirmed but bond required
Long-running litigation over the fate of a legendary Corvette racecar appears slightly closer to the finish line, as an appeals court Thursday gave the green flag to a receivership appointed to sell the car. However, the appellate panel instructed the trial court to require the receiver be bonded as required by law.
Felony drug conviction affirmed, but public defender fee reversed
A man’s felony drug convictions were affirmed Thursday, but a trial court’s order requiring him to pay a $250 public defender fee and reimburse a northern Indiana county for his medical expenses were struck down by the Indiana Court of Appeals.