Indiana Court Decisions — March 13-27, 2019
Read Indiana appellate court opinions for the most recent reporting period.
Indiana Court of Appeals
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CHINS adjudication reversed for mom who tested clean
A mother whose kids were found to be children in need of services despite her successful efforts to stay sober and get the help she needed found favor with an appellate panel Monday, who reversed the CHINS adjudication on the basis of insufficient evidence.
COA takes criminal recklessness case to Munster H.S.
Questions of whether certain witnesses should have been excused from testifying in a criminal recklessness case for violating a separation of witnesses orders will be considered by a traveling appellate panel Thursday at Munster High School.
COA rejects argument that children adopted by unmarried uncle were ‘born out of wedlock’
The grandparents of two children adopted by their unmarried uncle do not have standing to seek visitation, the Indiana Court of Appeals wrote Friday in an opinion rejecting the argument that the children were “born out of wedlock.”
‘Pursuit of happiness’ marijuana case seeks Hoosier justices’ consideration
A case dealing with a man’s constitutional right to the pursuit of happiness in the form of a marijuana blunt is possibly headed to the state's highest court now that a petition to transfer has been filed.
COA: Statute of limitations for AG to act on SBOA report begins when verified report is filed
Claims made by the Indiana Attorney General’s Office against a former Jennings County bookkeeper accrued upon the office’s receipt of a final investigation report, not a preliminary report, the Indiana Court of Appeals affirmed Friday in a case of first impression.
COA: Med-mal dismissal affirmed for counsel’s untimely filings
A woman who partially blamed her attorney’s personal problems for her failure to timely file pleadings in her proposed medical malpractice complaints could not convince the Indiana Court of Appeals that her case should not be dismissed. Among other things, the appellate panel simply found she failed to spend her time wisely.
COA affirms commitment for woman with suicidal ideations
An Indiana appellate panel affirmed the commitment and forced-medication order of a woman found to be a danger to herself, finding there was clear and convincing evidence to support both orders despite her contentions otherwise.
COA: Officer peeking in window acted as Girl Scout would
A man with drug-related convictions failed to sway an appellate court that his rights against illegal search and seizure were violated when an officer peeked through his window before arresting him. The Indiana Court of Appeals concluded the officer acted no differently than a Girl Scout in approaching the man’s door.
On rehearing, COA reaffirms dismissal of promissory note default litigation
The Indiana Court of Appeals has reaffirmed the dismissal of a complaint brought for missed payments on a promissory note, granting rehearing for the limited purpose of addressing the issue of waiver.
Unauthenticated cell records lead to reversal of robbery-related conviction
The state must now decide whether to retry a woman previously convicted of aiding a robbery after the Indiana Court of Appeals reversed her conviction, finding the state failed to properly authenticate cellphone records it said tied the woman to the crime.
Appellate court reduces theft restitution by more than $62K
A man who stole nearly $100,000 from his Ripley County employer will only have to pay about $36,000 in restitution after the Indiana Court of Appeals determined the trial court erred in ordering the man to pay back the full amount. But the court also upheld the man’s 15-year theft sentence, finding it was not inappropriate.
Aggravators can’t include nonadjudicated juvenile actions, COA says
In granting a petition for rehearing Thursday, the Indiana Court of Appeals explicitly came down against using juveniles' nonadjudicated contacts with the criminal justice system as an aggravating factor in future sentencing. However, in light of other evidence of the petitioner’s criminal history, the court reaffirmed its prior decision to uphold a man’s sentence.
COA splits on definition of ‘squeezed’ in burglary case
A man’s assertion that he “squeezed through” an open door without the homeowner’s permission has left an appellate panel divided over whether the man properly pleaded guilty to burglary, resulting in a split conclusion that he still used unauthorized force to gain entry.
COA considers denial of joint motion for mistrial
A traveling appellate panel heard argument concerning an “unusual” instance of a trial court’s denial of a joined motion for mistrial Tuesday, considering whether the state’s sudden change of position had any impact on the case going forward.
COA: Probation officers protected under quasi-judicial immunity
An inmate ordered to serve the reminder of his sentence after violating his probation lost his argument against several probation officers involved in his case when the Indiana Court of Appeals affirmed the officers were protected under quasi-judicial immunity.
Man’s murder conviction upheld in tax preparer slaying
Finding his crime “serious and disturbing,” the Indiana Court of Appeals on Tuesday affirmed the 71-year sentence and robbery conviction in the death of an Indianapolis tax preparer who kept cash in a safe beneath his desk at his west side Indianapolis office.
COA: Would-be land purchaser from New Jersey entitled to attorney fees
A Porter County land-deal-gone-bad has reappeared before the Indiana Court of Appeals for a second time, with the appellate panel finding the would-be purchaser is entitled to attorney fees because he did not repudiate the sales contract.
Probation officers entitled to earned PTO payout, panel rules
Holding that probation officers as court employees are entitled to cash payouts of unused paid time off at the time of their separation of employment, the Indiana Court of Appeals upheld a judgment in favor of a former Hendricks County probation officer.
Reversal: Former St. Mary’s employee loses claims against her termination
The Indiana Court of Appeals reversed and remanded the denial of a hospital’s motion for judgment against a former employee terminated for unethical behavior when it found the hospital was entitled to judgement due to the lack of genuine issues of material fact.