Indiana Court decisions – March 26-April 8, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
ACLU not planning suit to block fetal remains bill
Indiana’s new fetal remains law, which provides for burial or cremation following an abortion, will likely not face a legal challenged in contrast to a similar provision in a 2016 state law that was ultimately upheld by the U.S. Supreme Court.
COA affirms murder conviction over challenged letter
The Indiana Court of Appeals on Tuesday rejected a South Bend murderer’s claim that a letter he purportedly sent from the St. Joseph County Jail implicating another man in the shooting death was wrongly admitted at his trial because it was not properly authenticated.
Reversal: Landowners, not county, responsible for fixing failing dams near Peru
Reversing a trial court that determined Miami County was responsible for fixing six crumbling dams in a lake community housing addition, the Indiana Court of Appeals found the county was responsible only for the roads that crossed the tops of the embankments.
Opinions April 13, 2020
Indiana Court of Appeals
Mike Dow and Midwest Logging and Veneer v. John Hurst and Linda Hurst
19A-PL-1709
Civil plenary. Affirms summary judgment and damages of $80,826 awarded to John and Linda Hurst in their complaint alleging trespass and conversion against Mike Dow, doing business as Midwest Logging and Veneer. The Morgan Superior Court did not err in concluding that Dow was liable for the actions of independent contractors, in its award of damages or in admitting alleged hearsay evidence.
Challenged blood draw in fatal impaired driving crash upheld
A defendant was unable to convince the Indiana Court of Appeals the state was improperly allowed a “do-over” by being able to offer as evidence at trial an analysis of his blood that showed the presence of controlled substances.
Injured wood trimmer operator loses appeal against manufacturer
A Southern Indiana machinery worker’s failure to follow warnings and instructions on a woodcutting machine he was using were the cause of injuries he sustained on the job, the Indiana Court of Appeals concluded on Monday. As such, the machinery’s manufacturer couldn’t have reasonably expected the accident.
Opinions April 10, 2020
The following 7th Circuit Court Opinion was posted after IL deadline on Thursday.
Markel Insurance Company v. Lillian Rau
19-2433
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Holly Brady.
Civil. Affirms the Northern District Court’s finding that Markel Insurance Company had no obligation to United Emergency Medical Services or its employee under the insurance policy after one of United’s ambulances crashed into a vehicle, killing Chester Stofko. Finds Lillian Rau’s argument that equity requires coverage for the ambulance is not persuasive. Finds that because Markel did not endorse a change to the policy, the ambulance was not covered. Also rejects Rau’s attempts to raise the argument Markel should be estopped from denying coverage for the ambulance as a matter of public safety.
7th Circuit: Insurer has no obligation to ambulance fleet service after fatal crash
An ambulance that crashed into a car and killed its driver was not covered under an insurance policy, the 7th Circuit Court of Appeals ruled Thursday. As a result, the insurer had no obligation to either the ambulance service or its employee.
Order vacating man’s removal from sex offender registry affirmed
A trial court that vacated its prior order removing a man’s name from the Indiana Sex Offender Registry was correct in doing so because the Indiana Attorney General’s Office had not been notified of the offender’s request to be taken off the registry, the Indiana Court of Appeals ruled Thursday.
COA declines to add omitted party to prison death case on rehearing
Court proceedings between the estate of a deceased inmate and her Department of Correction health care providers will continue as-is after the Indiana Court of Appeals declined to recognize as a party a defendant who was inadvertently left out of the appeal.
Drug conviction, sentence upheld for man found with 10 pounds of meth
A man convicted on a dealing charger after a traffic stop uncovered 10 pounds of meth in his vehicle did not convince the Indiana Court of Appeals that the trial court erred in either admitting evidence or sentencing him.
Opinions April 8, 2020
Indiana Court of Appeals
Harold Warren v. State of Indiana
19A-PC-01604
Post conviction. Affirms the Marion Superior Court’s denial of Harold Warren’s petition for post-conviction relief on Warren’s convictions of murder and Class B felony robbery and aggregate sentence of 85 years in prison. Despite defense counsel’s inadequate investigation of an alternative suspect or follow-up on a lead that another potential suspect’s fingerprints were at the scene, the panel cannot say there was a reasonable probability the outcome of Warren’s trial would have been different because of the overwhelming evidence of Warren’s guilt presented at trial.
Burglar who said he was trying to help sister get dialysis loses appeal
A Lake County man sentenced to 16 years in prison after he pleaded guilty to two burglaries could not persuade an appellate court to lighten his punishment because he said he broke into homes in part to help his sister “get to dialysis.”
First impression: Adoption doesn’t sever biological family trust beneficiary rights
Three children who were provided for under terms of a trust established for their father by their great-grandmother remain entitled to their share of proceeds despite their adoption out of the family, the Indiana Court of Appeals ruled Wednesday.
COA affirms inventory search, seizure in traffic stop
The Indiana Court of Appeals has affirmed a man’s conviction for possession of marijuana and a handgun, among other things, after concluding the inventory search of his vehicle after a traffic stop was proper.
Despite inadequate defense, COA denies relief in 1999 Indy merchant’s murder
A man convicted of slaying an Indianapolis storekeeper in 1999 lost his post-conviction relief appeal Wednesday, even as the appellate panel acknowledged his since-suspended defense counsel failed to properly investigate alternate suspects, among other shortcomings.
Justices rule for federal employee over age discrimination
Well, OK, boomer. The Supreme Court made it easier Monday for federal employees 40 and older to sue for age discrimination. The ruling set a lower bar for public sector workers compared with those in the private sector.
US Supreme Court backs police in traffic stops
Police can pull over a car when they know only that its owner’s license is invalid, even if they don’t know who’s behind the wheel, the Supreme Court ruled Monday.
Opinions April 6, 2020
Indiana Court of Appeals
In the Paternity of M.S., L.S. and S.S. Maria Arriaga v. State of Indiana as Next Friend; Gabriela Ivonne De Landa, (Mother), and Samuel Salazar, (Father)
19A-JP-1595
Juvenile paternity. Reverses the St. Joseph Probate Court’s order regarding a petition for modification of custody filed by Samuel Salazar. Finds the trial court abused its discretion by denying Maria Arriaga’s motion to intervene and its finding that Arriaga was not a de facto custodian to be erroneous. Remands for the trial court to reconsider its custody modification determination and apply the relevant statutes and cases pertaining to de facto custodians. Judge Nancy Vaidik concurs in part, dissents in part.