Indiana Court Decisions — Aug. 16-28, 2018
Read Indiana appellate court decisions from the last reporting period.
Indiana Court of Appeals
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Smartphone privacy ruling tests how technology affects rights
A consequential Indiana Court of Appeals ruling on an issue of first impression last month marked one of the first times state courts have been asked to reconcile civil rights with advancing technology. The question: considering the personal nature of the contents of a person’s smartphone, can an individual be forced to unlock a smartphone without violating the Fifth Amendment?
Injunction upheld in auto assembly parts supply dispute
The Indiana Court of Appeals upheld a decision denying the dissolution of a preliminary injunction involving two manufacturing companies, finding that if dissvoled, one company would be at risk of suffering irreparable harm.
COA reverses CHINS adjudications
Two Marion County children will no longer be considered children in need of services after the Indiana Court of Appeals reversed their CHINS adjudication, finding insufficient evidence to support the finding that their North Carolina-based father could not care for them.
COA affirms med-mal suit venue is Monroe, not Marion County
The Indiana Court of Appeals affirmed a venue switch for a medical malpractice case from Marion County to Monroe County on Tuesday, finding Marion County was not a county of preferred venue.
Dry cleaning machine maker not liable in environmental claim
The maker of 1960s-era coin-operated dry cleaning machines cannot be held liable for decades-old environmental contamination found at the site of a one-time southside Indianapolis laundromat, the Indiana Court of Appeals ruled Tuesday.
COA reverses, rules for PI attorney in subrogation dispute
The Indiana Court of Appeals reversed a trial court judgment, ordering summary judgment for a Lawrenceburg attorney facing a breach lawsuit related to his representation of a personal injury client. The appellate court ruled the insurer suing him did not timely file its subrogation claim.
Justices clarify definition of sexual misconduct with a child
The Indiana Supreme Court found the “slightest penetration of the sex organ” was sufficient to affirm the conviction of a man of four counts of child molestation and eight counts of sexual misconduct with a minor. Justices offered guidance on what constitutes “other sexual misconduct” in affirming a man’s Level 1 felony child molestation conviction.
COA reverses regular commitment for lack of evidence
The Indiana Court of Appeals reversed and remanded a trial court’s decision to order a mentally ill woman to regular commitment at Indiana University Health Bloomington Hospital, finding there was not clear and convincing evidence to prove commitment was necessary.
Long-running IBM suit against state back before COA
The latest installment in a years-long legal saga between the state and IBM, Inc. came before the Indiana Court of Appeals on Tuesday, when the parties argued over the awards of damages and what, if any, significant changes were made to the state’s welfare system after Indiana terminated its contract with IBM and developed its own claims-processing system.
Artist donates truth-inspired sculpture to COA
A new reminder of truth hangs permanently in the Indiana Court of Appeals office, after Broad Ripple artist Biagio Azzarelli donated his contemporary sculpture entitled “The Truth” to the appellate court on Wednesday.
Sex offender’s rights not violated by registration extension
An Allen County sex offender’s constitutional rights were not violated when the period of time he was required to register as a sex offender was extended after a legislative amendment enacted after he was convicted of the sex crime, the Indiana Court of Appeals ruled Wednesday.
Default custody judgment against Florida mom reversed
A Florida mother can continue with an Indiana custody dispute with the father of her teenage daughter after the Indiana Court of Appeals reversed a default judgment against her. Chief Judge Nancy Vaidik used the opinion to caution trial courts against issuing default judgments in custody cases where a parent shows good cause for a continuance.
COA: Sex offender registration is mandatory collateral consequence
Despite arguing his guilty plea did not include a sex offense, a Steuben County man will have to remain on the state’s sex offender registry after the Indiana Court of Appeals found registering was a collateral consequence for his conviction.
Smartphone privacy first impression case splits COA
Law enforcement cannot force a Hamilton County woman to unlock her smartphone as part of criminal investigation because doing so would violate Fifth Amendment rights against self-incrimination, a divided panel of the Indiana Court of Appeals held on an issue of first impression that combined constitutional law with technological advancements.
Indiana Court decisions – Aug. 2–15, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Appellate Court: $1.3 million awarded in minor vehicle accident not excessive
A more than $1 million verdict awarded to a woman in a minor vehicle accident was upheld by the Indiana Court of Appeals, which affirmed the verdict in light of the woman's serious lifetime impairments.
COA affirms denial of shooter’s request to proceed pro se
The Court of Appeals affirmed Monday the decision not to let a Vanderburgh County man who shot up an Evansville rescue mission to proceed pro se, finding his history of mental illness justified the trial court's requirement that he proceed with counsel.
Affirming juvenile DOC placement, COA seeks effective counsel guidance
A 15-year-old who had multiple instances of violent rage and who could no longer be controlled by his parents was properly placed in the Department of Correction, an Indiana Court of Appeals panel found. But judges also used the case to ask the Indiana Supreme Court for guidance on measuring the effectiveness of counsel in similar juvenile cases.
Injured man’s OWI for crash outside police station affirmed
A man who drove to a police station in Porter County after he was hurt in a fight at a party, then apparently unconsciously drove his truck into vehicles parked outside the station, lost his appeal of his drunken-driving conviction.