Indiana Court of Appeals - The Indiana Lawyer

Opinions July 31, 2017

July 31, 2017

Indiana Tax Court
William R. Larsen v. Indiana Department of State Revenue
49T10-1503-TA-8
Tax. Denies the Indiana Department of State Revenue’s motion for summary judgment in William R. Larsen’s challenge to its assessment of adjusted gross income tax for the 2013 tax year. Grants summary judgment in favor of Larsen. Finds Larsen has provided documentation that verifies the eligibility for his children for the federal dependency exemptions and shows those exemptions were allowed, so he was entitled to the Indiana dependency deductions in 2013.

Appellate court rules in favor of man’s estate on uninsured motorist claim

July 31, 2017

The Elkhart Superior Court properly found a Goshen man’s estate was entitled to recover under the uninsured motorist policy held by his employer, the Indiana Court of Appeals ruled Monday. The court interpreted the ambiguous language of the policy in favor of the estate.

Justices let stand $500k default judgment against Menards

July 31, 2017

A default judgment awarding a plaintiff $500,000 in damages in a personal injury suit against a Gary Menards store will stand after a divided Indiana Supreme Court declined to hear the home-improvement chain’s appeal.

COA reverses delinquent adjudication based on warrantless search

July 31, 2017

A teenager who was adjudicated as a juvenile delinquent after an officer conducted a warrantless search and found him in possession of a handgun and drug paraphernalia will have his adjudication reversed after the Indiana Court of Appeals determined the officer did not have reasonable suspicion to conduct the search without a warrant.

COA: Continued placement with foster parents not in children’s best interests

July 28, 2017

Three Miami County children will not be returned to their previous foster parents after the Indiana Court of Appeals found Friday the trial court correctly determined the foster mother had become obsessed with the notion that the children were molested, making continued placement with her not in the children’s best interests.

Ex-farm employee’s agricultural work precludes workers’ comp benefits

July 27, 2017

A former employee of an Indiana farm was not entitled to workers’ compensation benefits after an on-the-job injury because the “whole character” of his work was agricultural in nature, thus exempting him under the Worker’s Compensation Act, the Indiana Court of Appeals held Thursday.

Appellate court affirms ruling for landowner denied easement use

July 27, 2017

The Indiana Court of Appeals affirmed a ruling Thursday in favor of a Steuben County landowner who claimed he was wrongly denied access and use of a recorded easement.

COA to determine jurisdiction of fire departments’ annexation, taxation dispute

July 27, 2017

The jurisdictional fate of an annexation and taxation dispute involving the Allen County auditor and two Fort Wayne-area fire departments now rests with the Indiana Court of Appeals, which must decide whether the facts of the dispute lend the case to review by the trial court or Tax Court.

COA rules against mother who used religious exemption to not vaccinate child

July 26, 2017

An Indiana trial court abused its discretion in denying a father’s petitions to modify custody of his child and to hold the child’s mother in contempt of a paternity decree, the Indiana Court of Appeals ruled, finding the mother intentionally circumvented the terms of the decree that required her to vaccinate their child once the girl went to school.

COA affirms admission of 911 recording into evidence

July 25, 2017

The Indiana Court of Appeals affirmed Tuesday a woman’s conviction of misdemeanor criminal recklessness for firing a gun during an argument after the court determined the admission of a 911 call recorded during the incident was not an abuse of discretion.

COA affirms tax sale despite auditor’s noncompliance

July 25, 2017

An Indiana redevelopment company can move forward with its purchase of two Henry County properties at tax sale after the Indiana Court of Appeals determined the county auditor’s failure to comply with state statute did not invalidate the tax sale process.

COA to hear arguments in fire departments’ tax, annexation dispute

July 24, 2017

The Indiana Court of Appeals will hold oral arguments this week to determine whether a trial court has jurisdiction to hear a Fort Wayne case that involves questions of both annexation and tax laws.

COA: Doctor’s report to DCS not protected by anti-SLAPP statute

July 21, 2017

A doctor who reported medical child abuse to the Department of Child Services was not protected by the state’s anti-SLAPP statute, the Indiana Court of Appeals ruled Friday in a case of first impression.

COA orders return of gun to rightful owner

July 21, 2017

A man whose handgun was confiscated after police believed it was stolen will soon have the gun returned to his family. The Indiana Court of Appeals found Friday the man proved his mother was the rightful owner of the firearm.

COA: Trial courts can waive right to be at commitment hearing

July 20, 2017

State statute allows trial courts to waive respondents’ right to be present at their mental health commitment hearings, though the use of such statute should be limited only to cases where the evidence shows respondents’ presence would be injurious to their mental health, the Indiana Court of Appeals ruled Thursday in a precedent-setting case.

COA affirms GPS monitoring after violation of protective order

July 20, 2017

A Hendricks County man will remain on GPS monitoring after the Indiana Court of Appeals ruled Thursday his estranged wife presented sufficient evidence of his violation of a protective order and that he had notice of the possibility that he could be put on a GPS tracker.

COA affirms escapee’s convictions, consecutive sentences

July 20, 2017

A man who escaped in handcuffs from a police vehicle will remain in prison on escape and drug charges after the Indiana Court of Appeals determined Thursday the trial court did not err in instructing the jury or imposing his sentence.

Appellate court finds man’s conduct constituted just 1 instance of contempt

July 19, 2017

A man originally sentenced to one year in prison for disrupting court proceedings will instead serve only six months after the Indiana Court of Appeals found his contempt citation stemmed from a single incident.

COA: Group voir dire did not violate right to impartial jury

July 19, 2017

An Indianapolis man who attempted to rob a pharmacy in a city more than an hour away was not denied his right to an impartial jury by the use of group voir dire, the Indiana Court of Appeals held Wednesday.

3 condemned Ohio inmates ask high court to delay executions

July 18, 2017

Three condemned killers with upcoming execution dates asked the U.S. Supreme Court on Tuesday for a delay while they continue challenging Ohio’s new lethal injection method.

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