Indiana Court decisions – Feb. 13-26, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
Justices uphold summary judgment for state trooper in motorcycle crash suit
An off-duty Indiana State Police trooper was not “clearly outside” the scope of his employment during an incident that injured a motorcyclist when the trooper was riding in his unmarked ISP vehicle, the Indiana Supreme Court has ruled.
Justices to hear arguments at UIndy next month
The Indiana Supreme Court is once again taking its oral arguments on the road, announcing plans to hear a case at the University of Indianapolis next month.
Money judgment upheld after ‘de factor merger’ affirmed
A de facto merger existed between two companies operated under a “continuity of management,” the Indiana Court of Appeals ruled Monday, upholding a judgment against the successor entity.
COA orders new trial on repeat sexual, habitual criminal offender enhancements
The Indiana Court of Appeals has vacated a man’s habitual offender adjudications and remanded them for a new trial after finding he did not personally waive his right to a jury trial on the two enhancements.
Reversal: Trial court erred in awarding joint custody in tense parental dispute
A mother will have sole legal custody of her children after the Indiana Court of Appeals concluded a trial court erred in awarding joint legal custody between two warring parents.
Detective’s false testimony won’t lead to vacated conviction, COA rules
A man convicted of obstruction of justice following the murder of his stepmom did not convince the Indiana Court of Appeals that his conviction should be vacated based on a detective’s false testimony.
Square peg, roundabout hole: COA affirms suppression motion in roundabout dispute
Does a motorist violate current Indiana traffic law by not signaling a turn when exiting a roundabout? The answer is no, the Indiana Court of Appeals ruled Friday in affirming a suppression ruling.
Judgment affirmed for bank in mortgage foreclosure
The Indiana Court of Appeals has affirmed an award of summary judgment for a bank and trust company in a mortgage foreclosure case brought by a Noblesville couple, rejecting the couple’s evidentiary challenges.
COA splits over length of woman’s consecutive sentences for drug dealing
The Indiana Court of Appeals divided Thursday on a woman’s consecutive sentences for drug dealing convictions, with a dissenting judge contending her 24½-year term should be shorter.
Protective order reversed for insufficient evidence
A man seeking to be rid of a protective order brought against him by his ex-girlfriend convinced the Indiana Court of Appeals that insufficient evidence supported the order.
Homeowners win attorney fees in Kosciusko fairgrounds dispute
Homeowners who secured a victory over a neighboring fairground property in a motorized racing dispute will get damages and appellate attorney fees for frivolous litigation, the Indiana Court of Appeals has ruled.
Right to Farm case ends with denial from Indiana Supreme Court
In ultimately denying transfer, a divided Indiana Supreme Court ended a dispute that pitted neighbor against neighbor and raised questions about whether the state’s Right to Farm Act was meant to cover an 8,000-head hog operation in Hendricks County.
Slaughter invites challenges to reviews of agency adjudications
A Fulton County man will not be permitted to build a concrete seawall on his lakefront property after the Indiana Supreme Court unanimously denied transfer to his case. But Justice Geoffrey Slaughter wrote separately to invite legal challenges to the system for adjudicating agency legal disputes like the instant case out of the Indiana Department of Natural Resources.
Justices grant transfer in 4 cases, deny 19 others
The Indiana Supreme Court declined to hear 19 cases out of 23 petitions for transfer last week but agreed to hear cases involving post-conviction relief and termination of parental rights, among others.
DCS, trial court reprimanded in reversal of parental rights termination
A father will have his parental rights restored after an Indiana Court of Appeals ruling that reiterated the Department of Child Services does not have the authority to set policy inconsistent with the law.
CHINS statutory deadline overridden by trial rule
In a case of first impression, the Indiana Supreme Court found a trial rule trumped the CHINS statutory deadline after a mother was first granted a continuance, then moved to have the case dismissed because the court took longer than 120 days to complete the factfinding.
Lawyer’s lie on jury questionnaire prompts retrial in murder case
A lawyer who lied about her criminal history on a jury questionnaire in a murder case has divided an Indiana Court of Appeals panel, which ultimately vacated the murderer’s case for a retrial.
Reversal: Consecutive sentences inappropriate in drug-dealing conspiracy case
The Indiana Court of Appeals has reversed a man’s consecutive sentences for his conspiracy to commit dealing convictions after determining they were inappropriate.
Expungement wait-time case sparks confusion during oral argument
Questions about whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking a criminal expungement caused confusion Thursday among some members of the Indiana Supreme Court.