Indiana Court Decisions – Dec. 30, 2021-Jan. 12, 2022
Read Indiana appellate court decisions from the latest reporting period.
Indiana Court of Appeals
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COA reverses disqualification of Fishers attorney representing ex-wife in child support matter
An Indiana attorney who was disqualified from representing his ex-wife in her post-dissolution matter from a previous marriage was not prevented from doing so a second time because the basis for his first disqualification no longer existed, the Court of Appeals of Indiana has ruled.
Justices deny transfer to child custody case, but David dissents based on decisions that ‘circumvent’ appellate rule
The Indiana Supreme Court has denied transfer to a child custody case reversed by the Court of Appeals of Indiana, but one justice dissented with multiple concerns, including the “increasing number of appellate opinions that explicitly circumvent Appellate Rule 65(E).”
Justices dismiss as moot juvenile’s interlocutory appeal challenging placement order
The Indiana Supreme Court has dismissed as moot a juvenile’s appeal challenging her placement at a residential treatment facility, doing away with an appellate decision it says may not correctly advise courts regarding competency-related treatment.
School district, TV station take home partial wins in public records dispute over football coach’s suspension
A central Indiana school district that placed a football coach on unpaid leave failed to provide a local TV station with a sufficient factual basis for that discipline, the Indiana Supreme Court ruled Thursday in a partial reversal. However, the high court upheld the ruling that the school district does not have to provide the TV station with the coach’s underlying personnel files.
COA: Father satisfies Bystander Rule for negligence claim
A Pulaski County man claiming “negligent infliction of emotional distress” will be able to continue with his lawsuit after the Court of Appeals of Indiana found he satisfied the Bystander Rule even though he arrived at the scene about three hours after a gas explosion destroyed his house.
COA rejects challenge to text message report
A man convicted of dealing in meth after a report of his text messages describing a drug deal was used against him has lost his argument on appeal that the report should not have been admitted as evidence.
COA affirms custody of child to stepfather over biological father’s appeal
A stepfather may keep legal and physical custody of his ex-wife’s child despite objections from the biological father, the Court of Appeals of Indiana has ruled.
COA reverses criminal conviction after jailed defendant didn’t receive case file
A Vanderburgh County man will get a second day in court after the Court of Appeals of Indiana reversed his criminal conviction, finding in part that his inability to get his case file while in jail violated his right to due process.
COA to consider admission of PTSD evidence in case of wife charged with murder
A Wadesville woman charged with murdering her husband is taking her claim of self-defense to the Court of Appeals of Indiana, arguing the Posey Circuit Court erred when it excluded testimony from a doctor who diagnosed her as having PTSD due to battery.
Legislators consider measure to repeal turn signal law
A bill that would remove a state law requiring drivers to initiate their turn signals at certain distances before turning or switching lanes has started down the Indiana legislative road.
Indiana Court decisions – Dec. 16-Dec. 29, 2021
Indiana Court decisions – Dec. 16-Dec. 29, 2021
Despite ‘problematic’ precedent, COA upholds denial of defendant’s motion to compel police report
Despite having concerns about the continued viability of a 1985 Indiana Supreme Court decision, the Court of Appeals of Indiana upheld the denial of a defendant’s motion to compel evidence of unredacted copies of police reports based on that precedent.
IRT can’t claim coverage for COVID-related losses, appellate court affirms
Despite the “dire” financial downturn caused by COVID-related business closures, the Indiana Repertory Theatre cannot claim loss-of-use coverage under its insurance policy because the theater was not physically damaged, the Court of Appeals of Indiana has affirmed.
High court to hear negligence, drunken driving cases in January arguments
The Indiana Supreme Court is scheduled to kick off the new year with two oral arguments on the schedule.
COA: Murder defendant could not call accomplice to witness stand
The Court of Appeals of Indiana has declined to overturn the conviction of a man who claimed he was denied his constitutional right to present a defense at his murder trial when the trial judge prevented him from calling his accomplice and forcing him to either testify or invoke his Fifth Amendment rights.
COA finds homeowner was one-day late in appealing order to demolish his home
An Indiana man failed to craft an argument to convince the Court of Appeals of Indiana that his complaint against the local town’s order for the demolition of his home was timely filed and the statute mandating a town provide 10-day notification of a demolition order is unconstitutional.
COA splits over liquidated damages award in breach of contract suit
A dentist who was fired from her job just weeks after starting because she refused to lower her compensation could not convince the Court of Appeals of Indiana that she should get to keep more than $45,000 in liquidated damages from her breach of contract suit.
COA: Oral agreement between former couple unenforceable by Statute of Frauds
A man who gave his ex-wife nearly $230,000 was unsuccessful in convincing the Court of Appeals of Indiana that they had previously agreed to use the money for a specific purpose and that their oral agreement wasn’t unenforceable under the Statute of Frauds.
COA affirms denial of motion to suppress evidence due to wrong address listed on search warrant
Neither a Lagro man’s federal nor state constitutional rights were infringed upon when sheriff’s deputies searched his home despite having the wrong address listed on their search warrant.