Indiana Court decisions – July 15-Aug. 1, 2018
Read Indiana appellate decisions from the most recent reporting period.
Indiana Court of Appeals
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COA allows Indiana-Arkansas breach of contract dispute to continue in Indiana
A breach of contract dispute between business owners in Indiana and Arkansas will continue in Indiana courts after the Indiana Court of Appeals reversed the dismissal of the Indiana-filed complaint for lack of personal jurisdiction.
COA: 4th Amendment rights not violated by search of home
The Indiana Court of Appeals determined that a man’s Fourth Amendment rights were not violated during a search of his residence because law enforcement had ample reason to believe he was at the residence.
COA rules statute of limitations, contradictory testimony supports summary judgment entry
A time-barred complaint and contradictory statements made by a woman who claimed her privacy was violated during her knee-replacement surgery led the Indiana Court of appeals to affirm summary judgment for six defendants in a medical invasion of privacy case.
Untimely estate petition considered, still rejected by COA
Although the Indiana Court of Appeals found a man’s request that he be permitted to file an amended complaint was untimely, it still addressed the arguments he put forth to support his petition.
COA: Filing errors don’t reverse probation revocation
Errors made in petition filing made by a deputy prosecutor rather than the director of a community corrections program were not sufficient to reverse the revocation of a man’s probation, the Indiana Court of Appeals determined Wednesday.
COA: Accident affirmation in baby’s death upholds conviction
An Indianapolis man’s conviction for causing the death of his infant daughter will stand after the Indiana Court of Appeals rejected his argument that the evidence of him placing a pillow over the baby should not have been admitted at trial because he never affirmatively said her death was an accident.
Attorney homeowner loses appeal in historic-area zoning case
A downtown Indianapolis homeowner and attorney lacked standing to petition for judicial review of variances granted to build condominiums, duplexes and a retail space across the street from his home, the Indiana Court of Appeals ruled.
Judge pro tem appointed in Lake County; Tavitas to join COA
Senior judge Thomas W. Webber Sr., will serve as judge pro tem in Lake Superior Court, Civil Division 3, replacing Judge Elizabeth Tavitas upon her appointment to the Indiana Court of Appeals. Tavitas is scheduled to be sworn in on the appellate bench next week.
Attorney fees unwarranted in tax sale appeal
The Indiana Court of Appeals found that despite strictly complying with procedural rules, the flaws in a tax case were not egregious enough to award appellate attorney’s fees.
CASAs may seek termination of parental rights without DCS
The Indiana Court of Appeals ruled Tuesday that court-appointed special advocates have the statutory authority to prosecute a petition to terminate parental rights, even when the Department of Child Services opposes the termination.
COA: State with closest connection has custody jurisdiction
The Indiana Court of Appeals on Thursday affirmed a trial court’s order granting a New Jersey mother’s motion to dismiss a custody petition filed by her children's father, who now lives in Indiana.
COA reversal: Total settlement must fund special-needs trust
The Indiana Court of Appeals found a trial court exceeded its authority and made errors of law when it ordered only $1 million into a special needs trust after a settlement of more than $17 million.
COA rules for insurer in 2011 truck crash that killed 3
An insurance company owes no common law or assumed duty to parties injured or killed in a crash caused by a truck driver who knowingly operated a vehicle with faulty brakes, the Indiana Court of Appeals ruled Wednesday.
Lawyer’s ‘series of unfortunate events’ no help in dismissal appeal
A water-damage negligence suit that lacked docketed activity for about two years was rightly dismissed for failure to prosecute, the Indiana Court of Appeals ruled Wednesday.
Bank not liable for more than $500,000 of forged checks
Two companies that were embezzled out of a half-million dollars sued the bank that processed more than 100 forged checks but couldn’t prove negligence to the Indiana Court of Appeals.
Snapchat images are probative evidence, COA rules
The ability to take a screenshot and save images on Snapchat is probative evidence in charging a man with child pornography, the Indiana Court of appeals ruled in affirming a Henry County man’s conviction Tuesday.
Indiana Court Decisions — July 5-18, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Lake Superior Judge Tavitas named to COA, succeeding Barnes
Lake Superior Judge Elizabeth Tavitas was on the bench on July 18 when her phone rang with a message that would change her career. It was a call from Indiana Gov. Eric Holcomb, informing her that she had been selected as Indiana’s next Court of Appeals judge.
Coerced victim’s prior statement admissible, COA affirms
A victim unavailable to appear in court because of the defendant’s coercion to remain silent does not mean admitting her prior statements is considered hearsay, the Indiana Court of Appeals affirmed Monday.