Indiana Court decisions – Sept. 27–Oct. 10, 2017
Read Indiana appellate court opinions from the most recent reporting period.
Indiana Court of Appeals
Articles
Murder conviction affirmed after judge recusal appeal
A man who murdered a friend and shot and wounded another lost his appeal that argued the jurist who rejected his guilty plea then presided over his murder trial wrongly denied a motion for a new judge.
COA: Purported grandfather couldn’t bring paternity action
An Indiana trial court erred in ordering parties in a paternity dispute to abide by the terms of a mediation agreement because the man who initially brought the paternity action did not have standing to do so, the Indiana Court of Appeals ruled.
‘Quasi-emancipation’ presents matter of first impression for COA
Although the Indiana Court of Appeals sympathized with a trial court’s effort to reduce the stress on two brothers caused by their feuding divorced parents, the appellate panel still found the lower court overstepped its authority.
COA: Judge belittled, disparaged tenant in $38 rent spat
A small-claims judge who failed to swear in litigants in a small-change rent lawsuit drew a rebuke and a reversal from the Court of Appeals Friday, who found she not only improperly shifted the burden of proof to the plaintiff, but also belittled and disparaged her.
Despite concerns, appeals court upholds finding claims against stepbrother barred
Though the Indiana Court of Appeals had “significant concerns” about the transfer of trust assets in a dispute between stepsiblings, the appellate panel affirmed the trial court’s decision in favor of the stepbrother after finding his stepsister’s claims were barred by the statute of limitations.
Statute of limitations squashes lawsuit against Vanderburgh County officials
A motorcyclist who sought damages for injuries he sustained while being detained in the Vanderburgh County Jail lost his appeal of his lawsuit, which the trial court tossed for not giving notice of the lawsuit before the statute of limitations expired.
COA rejects commercial court challenge, rules against worker
While an Indiana commercial court failed to provide sufficient notice to a worker who was being sued by his former employer that sought to enforce a noncompete agreement, the Indiana Court of Appeals found the worker had waived his argument and affirmed a resulting injunction barring him from a new job at a competing company.
COA: Man cannot challenge ‘sexually violent predator’ designation
A man who pleaded guilty to felony child molesting pursuant to a plea agreement cannot challenge his requirement to register as a sexually violent predator, which was not a term of the agreement, because an SVP designation is a statutory mandate, the Indiana Court of Appeals ruled Friday.
COA withdraws footnote, reaffirms order for state to return seized currency
The Indiana Court of Appeals has reaffirmed its decision ordering the state to return $30,000 in seized currency after granting rehearing Friday for the limited purpose of withdrawing a footnote.
COA: Consulting company that acquired another’s assets not its successor company
An automobile consulting company that acquired the name, assets and goodwill of a former staffing company will not have to pay more than $170,000 in liability and delinquent fees after the Indiana Court of Appeals determined the auto company was not a successor to the staffing company.
COA upholds child molesting conviction despite yearslong delay in bringing charges
The Indiana Court of Appeals has upheld a man’s felony conviction for molesting his ex-girlfriend’s daughter after determining the man failed to prove that an eight-year delay in the filing of the charges against him violated his due process rights.
COA: trial court skipped step in land dispute
In defusing a property battle among neighbors, the Indiana Court of Appeals has instructed the trial court to order a land survey that includes durable markers.
COA reaffirms decision to allow developer to purchase Henry County land
A land redevelopment company can continue to move forward with its purchase of land in Henry County after the Indiana Court of Appeals Thursday reaffirmed its original decision.
COA rejects town’s request to annex territory for possible property development
The Indiana Court of Appeals has ruled against a northern Indiana lakefront town seeking to annex roughly 2,800 acres for “potential” economic development, finding the town failed to prove the annexation was needed and could be used for development.
COA: Bank that sold property to itself entitled to summary judgment
A northern Indiana bank that took deed of a property in lieu of foreclosure and sold the property to itself was entitled to summary judgment on the owner’s claims of fraud and breach of agreement, the Indiana Court of Appeals ruled Wednesday after finding those claims were “wholly without merit.”
Divided COA allows fraud claim against bank to proceed
A man whose inheritance from his deceased mother was depleted by more than $60,000 while a bank and his relatives were guardians of his family’s estates can continue in his lawsuit against the bank, the Indiana Court of Appeals ruled Tuesday.
Summary judgment to railroad company on citations complaint reversed
A Virginia-based rail company must face the state of Indiana in court in a conflict over whether state-issued citations for blocking grade crossings were proper after the Indiana Court of Appeals determined Tuesday that federal law does not preempt state law governing how long a train can block a crossing.
COA affirms $813,000 award in Clark County water dispute
A judgment in favor of a utility that had an agreement to supply water to another utility serving customers in Clark County was affirmed Tuesday by the Indiana Court of Appeals.
COA dismisses appeal of summary judgment to law firm on legal malpractice claim
After finding an order granting summary judgment to an Indianapolis law firm facing a legal malpractice claim was not a final order, the Indiana Court of Appeals dismissed an appeal challenging the summary judgment ruling.