Indiana Court decisions – Feb. 15-28, 2018
Read Indiana appellate court decisions from the latest reporting period.
Indiana Court of Appeals
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Divided COA reverses unemployment tax ruling
An Indiana business will not have to pay unemployment insurance taxes on wages paid to an independent contractor after a divided panel of the Indiana Court of Appeals found the contractor was not statutorily considered the business’ “employee.”
Appellate court remands for amended Abstract of Judgment
An Indiana trial court must enter an amended Abstract of Judgment for an offender recommended for the Indiana Department of Correction’s Purposeful Incarceration program after the Indiana Court of Appeals determined the initial order did not explicitly allow for a sentence modification.
COA: PCR records can be expunged
The Indiana Court of Appeals has overturned the denial of a man’s request for expungement of his post-conviction relief proceedings after determining the Allen Superior Court erred in finding PCR records are not covered by Indiana’s expungement statutes.
Appellate court rejects constitutional challenge to synthetic drug lookalike statutes
The Indiana Court of Appeals has struck down a constitutional challenge to the state’s synthetic drug lookalike statutes, finding the statutes cannot be considered void as applied to a Tippecanoe County drug case.
COA upholds 2016 murder conviction
A man convicted in the 2016 murder of his ex-girlfriend’s husband has lost his appeal before the Indiana Court of Appeals, which found the trial court did not err in excluding proffered evidence the man sought to admit supporting his self-defense claim.
Court of Appeals again reverses, finds for New York lender
In a second dispute involving an Indiana business, a New York company, stopped payments and cognovit notes, the Indiana Court of Appeals has again reversed and found in favor of EBF Partners.
Court finds man with multiple addresses still lived at home
The Indiana Court of Appeals affirmed summary judgment in favor of the estate of a man who died in South Bend, lived and worked in Chicago, but considered his principal residence to be his parents’ home.
COA reinstates default judgment against Decatur Co. landlords
The Decatur Superior Court must reinstate a default judgment against a local apartment complex and its property manager after the Indiana Court of Appeals found there was no excusable neglect that would justify setting aside the default.
Insufficient evidence leads to firearm conviction reversal
A man’s conviction of possession of a firearm as a serious violent felon was reversed Wednesday by a divided Indiana Court of Appeals, which found his signature on an underlying robbery plea agreement had not been authenticated.
COA: State Fair board did not chill china painter’s free speech
The Indiana Court of Appeals gave a cold reception to a painter’s argument that the Indiana State Fair Board’s power to ban her from art competitions at the annual state fair “chilled” her right to free speech.
COA limits credit restrictions for some child molesters
The Indiana Court of Appeals ruled Wednesday that defendants who plead guilty to lower-level felony counts of child molesting are not subject to good-time credit restrictions, even if they do not dispute allegations of molestation that would subject them to loss of credit time.
Sentence for ‘recidivist drunk driver’ affirmed
A southern Indiana man’s five-and-a-half-year sentence for his conviction as a habitual vehicular substance offender was affirmed by the Indiana Court of Appeals, which called him “a recidivist drunk driver whose behavior has been undeterred by his prior contacts with the criminal justice system.”
Judge’s revocation of plea deal, longer sentence affirmed
A man convicted of negligence resulting in the death of this 3-month-old son lost his appeal Wednesday, failing to show that a judge erred in revoking his plea agreement before sentencing, which led to a longer sentence when he was convicted after a trial.
Officer’s slip in same mud as fleeing suspect sufficient for felony
A man fleeing an arresting officer slipped in mud that also caused the pursuing policeman to slip and injure himself — evidence the Indiana Court of Appeals found sufficient to support the man’s conviction of felony resisting law enforcement.
Judgment for lender in student loan case reversed
A Warrick County man won his appeal in a student loan dispute after the Indiana Court of Appeals determined the alleged holder of his son’s student loan failed to prove it was entitled to an $18,000 summary judgment ruling.
COA reinstates New York judgment against Indiana business
The Indiana Court of Appeals has reversed a decision to set aside judgment in favor of a New York company serving as a creditor to an Indiana business, finding Indiana law regarding cognovit notes cannot supersede the Full Faith and Credit Clause in a dispute over a New York judgment.
Appeals court remands HOA dispute over limo parking
A Hamilton County dispute between a local couple and their homeowners association over the parking of limousines used in a business will return to the trial court after the Indiana Court of Appeals determined the trial court’s final order was based on erroneous findings.
Supreme Court releases report on Commercial Courts amid challenge
Coinciding with the halfway point for the three-year Commercial Courts Pilot Project that faces a pending constitutional challenge, the Indiana Supreme Court has released a report on the six participating courts. More than half the cases were filed in Marion County, and three courts have had 10 or fewer cases filed.
Supreme Court will decide how gang enhancements are treated in sentencing
The Indiana Supreme Court will consider the treatment of criminal gang enhancements in sentencing decisions during an upcoming oral argument after granting transfer to a robbery case that led to vacated convictions and resentencing orders.