A split Indiana Court of Appeals has reversed for the reconsideration of a father’s granted motion to modify custody after finding that a woman who raised one of his three children was, in fact, the child’s de facto custodian.
Indiana Court of Appeals
Tony Bethel Atkins v. State of Indiana
19A-CR-00951
Criminal. Reverses and remands the Monroe Circuit Court’s grant of the state’s motion to correct error regarding the trial court’s earlier grant of Tony Atkins’ motion to suppress. Finds the trial court erred when it found that Atkins was not in custody and was not entitled to Pirtle and Miranda advisements. Finds the trial court erred by granting the State’s motion to correct error and by reversing the earlier grant of Atkins’ motion to suppress.
An appellate panel on Friday reversed dismissal of a firearm enhancement for a man who was convicted of aggravated battery, remanding for a trial on the enhancement while also cautioning the state about “careless” oversight of criminal cases.
A man charged with armed robbery won a reversal from the Indiana Court of Appeals on Friday after the appellate panel found the trial court erred in concluding that he was not in custody when officers searched his backpack and was not entitled to be advised of his rights.
Indiana Court of Appeals
In the Matter of the Termination of Parental Rights of: F.F. (Minor Child), and J.F. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2423
Juvenile termination. Affirms the termination of J.F.’s parent-child relationship with her child, F.F. Finds that the Madison Circuit Court did not err by finding that there is a reasonable probability that the conditions resulting in child’s initial and continued removal from mother’s care will not be remedied.
The protracted battle between Indiana and E.F. Transit over who can transport beer, wine and liquor spilled, again, into the 7th Circuit Court of Appeals, where the judicial panel, with a majority participating remotely, heard arguments about when federal law preempts state prohibitions.
The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Forrest Perkins v. Memorial Hospital of South Bend
20S-CT-233
Civil tort. Reverses and remands the St. Joseph Superior Court’s grant of summary judgment to Memorial Hospital of South Bend against former employee Forrest Perkins. Holds that the record, as currently developed, does not support summary judgment when the hearing officer departs from the regulations by failing to provide a subpoena. Justice Geoffrey Slaughter dissents with a separate opinion.
A unanimous Indiana Supreme Court has affirmed the denial of a mother’s motion to dismiss her termination of parental rights petition after finding she wasn’t entitled to a dismissal under the circumstances.
In an unsuccessful challenge to a trial court’s authority to send him to the Indiana Department of Correction, a Hendricks County juvenile learned the juvenile justice system gives courts wider latitude because the goal is to rehabilitate the offending youth.
A father who sued a Hendricks County deputy and others after his mentally ill son was fatally shot during a welfare check did not convince the 7th Circuit Court of Appeals that judgment entered in the defendants’ favor was wrong.
Indiana Supreme Court justices split Tuesday a dispute involving an employee who was fired after testifying at an unemployment compensation hearing, with the majority reversing in his favor. A dissenting justice would have affirmed, arguing the man didn’t have a reasonable belief of a duty to cooperate with an unissued, non-existent subpoena.
As the U.S. Department of Education prepares to implement new regulations regarding sexual misconduct on college campuses, lawsuits filed by accused students claiming their rights were violated continue to boil over in the federal courts. Ball State University recently prevailed in the first such case brought by one of its students.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
G&G Oil Co. of Indiana v. Continental Western Insurance Company
19A-PL-01498
Civil plenary. Affirms the award of summary judgment to Continental Western Insurance Company against G&G Oil Co. of Indiana. Finds the commercial insurance policy did not include coverage for losses suffered as a result of a ransomware attack. Finds the ransomware was not covered under the policy’s computer fraud provision.
A woman who stole hundreds of dollars from her co-worker’s purse did not convince the Indiana Court of Appeals that there was an error in ordering her to pay restitution of the full amount stolen or that the sentence of more than two years was inappropriate.
A Hoosier oil company that suffered monetary losses after a ransomware attack on its computer system did not convince the Indiana Court of Appeals that its insurance policy included coverage for such attacks.
A majority of an Indiana Court of Appeals panel has affirmed a woman’s attempted obstruction of justice conviction after she confronted a neighbor who was subpoenaed to give deposition in a criminal case involving her.
A case seeking to recover public funds from a former Jennings County bookkeeper will continue after the Indiana Supreme Court determined two of the three claims brought by the state were not governed by the discovery rule and, thus, were timely filed. The third claim, however, was governed by the discovery rule.
A woman evicted from her apartment because of her emotional support cat faced a reversal in favor of her landlord Monday after the Indiana Court of Appeals determined the woman did not provide enough information to allow the landlord to review her request for the animal.
A man attending the Indianapolis 500 who was carrying a firearm without a permit did not convince the Indiana Court of Appeals that his constitutional rights were violated by a frisk.