COA affirms denial of mom’s request to relocate in parenting dispute
The Indiana Court of Appeals has upheld an order denying a mother’s request to relocate, finding her move from South Bend to Chicago would not be in the child’s best interest.
Court opinions
Articles
Appeals court rules for Indianapolis in dispute over trouble condo’s receivership
Court orders in favor of the city of Indianapolis in the latest of long-running disputes over a dilapidated condominium development on the city’s northeast side were upheld on appeal Tuesday, including an order that the condo corporation and members pay half of a receiver’s fees.
Opinions Sept. 21, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Christopher Andre Vialva v. T. J. Watson, Warden, United States Penitentiary, Terre Haute
20-2710
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the denial of petition for writ of habeas corpus sought by Christopher Andre Vialva, thereby denying his request for a stay of execution. Finds Vialva has not established even a better-than-negligible chance of prevailing in his quest for another round of collateral review.
7th Circuit denies bid to stay execution of Black man convicted of murder
The first Black man scheduled to be executed since the resumption of lethal injection on federal death row lost his appeal for a stay Friday when the 7th Circuit Court of Appeals found he had almost no chance of relief arguing his claims of ineffective assistance of counsel and that the judge who condemned him was an alcoholic.
Arizona high court to weigh incentive for Hoosier university project
The Arizona Supreme Court has agreed to review a lower court’s ruling that upheld a Phoenix suburb’s payment of $2.6 million to a private Indiana university to open a branch site in the city.
Opinions Sept. 18, 2020
Indiana Court of Appeals
Michaele Schon and Neal Schon v. Mike Frantz, ESG Security, Inc., Allen County War Memorial Coliseum, and Live Nation Worldwide, Inc.
20A-CT-741
Civil tort. Affirms the grant of summary judgment in Allen Superior Court in favor of Allen County War Memorial Coliseum against claims brought by Michaele and Neal Schon for an alleged injury Michaele sustained during a Journey concert. Finds the trial court did not deprive the Schons of an opportunity to conduct additional discovery, that the coliseum is a political subdivision under the Indiana Tort Claims Act and is immune from liability under the ITCA.
COA rules for Lake County in tax deduction dispute
The Indiana Court of Appeals has ruled in favor of Lake County’s auditor in a tax deduction dispute after finding that the trial court that granted the county summary judgment lacked subject matter jurisdiction.
Appeals court rules against Journey guitarist’s wife in Fort Wayne concert injury dispute
The wife of Journey guitarist Neal Schon could not convince the Indiana Court of Appeals on Friday that she was deprived of an opportunity to conduct additional discovery against the Allen County War Memorial Coliseum after a security guard there allegedly injured her during a concert by the rock band.
Opinions Sept. 17, 2020
The following 7th Circuit opinion was posted after IL deadline Wednesday.
John Myers v. Ron Neal
19-3158
Civil. Denies rehearing and rehearing en banc. Amends the opinion to grant remand to the district court to address the two claims Myers advanced under Brady v. Maryland.
COA affirms sentence for man involved in fatal police chase
A man who fled from officers in a vehicle chase that resulted in the death of two children and their father will serve his 15-year sentence behind bars, the Indiana Court of Appeals has affirmed.
Man convicted of killing IU student loses 7th Circuit rehearing bid but wins remand
The man convicted in the 2000 murder of Indiana University student Jill Behrman will not get a second hearing on habeas relief before the 7th Circuit Court of Appeals. However, the federal appellate court is allowing John Myers to pursue allegations of withheld evidence on remand.
Opinions Sept. 16, 2020
Indiana Court of Appeals
Shannon M North, et al. v. Selective Insurance Co of South Carolina
20A-PL-0063
Civil plenary. Affirms the Allen County Superior Court’s denial of Shannon and Miles Norths’ motion for partial summary judgment against Selective Insurance Co. of South Carolina. Finds the trial court did not err in granting the motion and in granting Selective’s motion for summary judgment.
Appeals court rules for insurer in family’s UIM coverage suit
The Indiana Court of Appeals has affirmed the denial of a family’s motion for partial summary judgment against an insurance company after a car crash they were involved in left the mother seriously and permanently injured.
Tightrope act: Judges balance social issues, impartiality
Scenes from protests have dominated television screens for months. People of all ages, sizes, races, genders and backgrounds have participated in events calling for an end to racial inequality. But how do judges fit into the mix?
Indiana Court decisions – Aug. 27-Sept. 9, 2020
Read Indiana appellate decisions from the most recent reporting period.
Opinions Sept. 15, 2020
Indiana Court of Appeals
James T Knight v. State of Indiana
20A-CR-068
Criminal. Reverses the Carroll Circuit Court’s imposition of the community service probation condition for licensed attorney James T. Knight. Finds that the trial court complied with the procedural requirements of Indiana Code § 35-38-2-1.8 when it held a new probation hearing. However, also finds that the imposition of the community service condition was beyond the trial court’s discretion where the plea agreement contained language that limited the trial court’s discretion to impose that condition.
Community service dropped against Logansport attorney convicted of battery
A northern Indiana lawyer who pleaded guilty to battering his wife has been relieved of a community service condition imposed on his probation.
COA affirms denial of biological mother’s motion to set aside adoption
Although an Indiana trial court erred in declining to dismiss a biological mother’s motion to overturn her child’s adoption, the court properly denied that motion, keeping the adoption in place. Thus, the Indiana Court of Appeals affirmed and upheld the Clinton County adoption on Tuesday.
Opinions Sept. 14, 2020
Indiana Court of Appeals
Molly Ann Melton v. Indiana Athletic Trainers Board, et al.
19A-CT-1972
Civil tort. Affirms in part the Marion Superior Court’s grant of summary judgment on Molly Melton’s 42 U.S.C. § 1983 claims for alleged violations of her constitutional rights in the disciplinary process leading to the suspension of her athletic training license. Finds the trial court properly granted summary judgment to the Indiana Athletic Trainers Certification Board, the Indiana Professional Licensing Agency and others, but erred in granting relief on Melton’s petition for judicial review. Thus, reverses the trial court’s judicial review order.
Reckless driving conviction vacated in Rochester school bus crash that killed 3 kids
A Rochester woman convicted in a school bus crash that killed three children and seriously injured a fourth had her misdemeanor reckless driving conviction vacated Monday on double jeopardy grounds. However, her felony convictions will stand.