COA affirms award of custody to non-surrogate mother, against father
A father fighting against the award of custody of his child to his ex-wife did not convince the Indiana Court of Appeals that a mistake had been made.
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Michigan wins appeal over out-of-state liquor shipments after suit from Indiana retailer
Retailers outside Michigan can’t send alcohol directly to the state’s consumers, a federal appeals court said, a ruling that impacts at least one Indiana alcohol retailer.
Opinions April 24, 2020
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of J.B., D.O., P.F., & K.B. (Minor Children) and L.F. (Mother); et al. v. Indiana Department of Child Services, et al. (mem. dec.)
19A-JT-1935
Juvenile termination. Affirms the involuntary termination of L.F.’s parental rights to her children, J.B., D.O., P.F., and K.B. Finds L.F.’s due process rights were not violated by any alleged deficiency in the services offered to her by the Department of Child Services. Further, finds the evidence supports the Marion Superior Court’s findings. Concludes the findings support its conclusions that the conditions under which children were removed from L.F.’s care would not be remedied, that termination of her parental rights was in the children’s best interests, and that there existed a suitable plan for the care and treatment of children following the termination of parental rights.
Justices reject EPA’s narrow view of Clean Water Act
The US Supreme Court ruled Thursday that sewage plants and other industries cannot avoid environmental requirements under landmark clean-water protections when they send dirty water on an indirect route to rivers, oceans and other navigable waterways.
US Supreme Court sides with government in immigration case
The US Supreme Court is making it harder for noncitizens who are authorized to live permanently in the United States to argue they should be allowed to stay in the country if they’ve committed crimes.
Opinions April 23, 2020
Indiana Court of Appeals
Wayne Doug Zollinger v. Wagner-Meinert Engineering, LLC
19A-PL-01501
Civil Plenary. Affirms the Allen Superior Court order finding Wayne Zollinger breached the terms of his noncompetition agreements with his former employer Wagner-Meinert Engineering LLC, and its award to Wagner-Meinert of $38,657 in attorney fees. Affirms the trial court’s award of summary judgment in favor of WME on some issues and its bench trial rulings for WME on others. Finds the trial court did not err in ordering an injunction against Zollinger mandating compliance with noncompete agreements or in ordering him to pay more than $38,000 of WME’s attorney fees and expenses. Awards Wagner-Meinert additional appellate attorney fees and remands to the trial court for a calculation.
CHINS ruling upheld despite impermissible phone testimony
A child in need of services adjudication was upheld Thursday by the Indiana Court of Appeals after it found that the admission of testimony by phone from a doctor amounted to harmless error.
COA: K-9 sniff did not prolong traffic stop
A defendant was unable to convince the Indiana Court of Appeals that while the police were justified in pulling him over, they violated his constitutional rights by detaining him and conducting a dog sniff after the initial traffic stop had been completed.
Lake County property buyer wins appeal after township altered building
A Lake County court ruling for a township that removed light fixtures and historical artifacts from a building it sold after the property had already been purchased was reversed by the Indiana Court of Appeals on Thursday.
Ex-exec loses noncompete appeal, must pay company’s appellate fees
A former co-owner of a Fort Wayne mechanical contracting business who violated noncompete agreements by consulting for a Fishers competitor after he was fired lost his appeal Thursday and was ordered to pay more of his former employer’s legal fees.
Opinions April 22, 2020
Indiana Court of Appeals
Joshua Anselm v. Ashley Anselm
19A-DC-2728
Domestic relation with children. Affirms the Jasper Superior Court’s award of primary physical custody of Joshua and Ashley Anselm’s children to Ashley. Reverses the order that Joshua pay for all uninsured medical expenses, and the award of $16,500 to Ashley. Finds the dissolution court entered sufficient findings and did not abuse its discretion when it awarded Ashley primary physical custody, and the court did not err when it relied on an unsigned child support worksheet to calculate Joshua’s child support obligation. But, finds the dissolution court did err when it ordered Joshua to both pay the recommended amount of child support and all uninsured health care expenses for the children. Finally, finds the dissolution court erred in awarding Ashley $16,500 based on its conclusion that the parties had $33,000 in equity in their home. Remands with instructions for the trial court to either order Ashley to pay for the first $951.60 in medical expenses or to credit Joshua with that amount toward his child support obligation, and to split the actual equity of about $10,600 between the parties.
COA affirms judgment for Indy car dealership in sale dispute
A consulting company could not convince the Indiana Court of Appeals that it was entitled to judgment as a matter of law in an Indianapolis car dealership dispute that it lost.
COA partially reverses for father in child expenses dispute
A northern Indiana father failed to convince the Indiana Court of Appeals that child custody and support rulings in his divorce proceedings were erroneous, though the court did agree with his challenges to medical expenses and home equity findings.
Groups hail Indiana restrictions on stimulus check seizures
Creditors cannot seize federal coronavirus relief payments from Indiana residents under a ruling from the Indiana Supreme Court that was applauded by groups that sought the proscription.
Opinions April 21, 2020
Indiana Court of Appeals
Joseph D. Reed v. State of Indiana (mem. dec.)
19A-CR-2187
Criminal. Affirms Joseph Reed’s 8½-year sentence for conviction in Wayne Superior Court of Level 5 felony battery resulting in bodily injury to a public safety official with a habitual offender enhancement. Finds his sentence is not inappropriate in light of the nature of his offense and his character.
US Supreme Court bans nonunanimous jury verdicts in Oregon
Until Monday, Oregon was the only state that still allowed non-unanimous jury convictions. The U.S. Supreme Court ended that in a decision involving a murder conviction in Louisiana, a state which, until 2019, had also allowed non-unanimous jury convictions. But the ruling also applied to Oregon’s law.
Appeals court tosses murder conviction due to lack of jury instruction
A unanimous panel of the Indiana Court of Appeals threw out a man’s murder conviction Monday after finding that the Marion Superior Court abused its discretion in refusing to provide the jury an instruction on reckless homicide.
Opinions April 20, 2020
Indiana Court of Appeals
Kurtis L. Shorter v. State of Indiana
18A-CR-02957
Criminal. Affirms Kurtis Shorter’s aggregate 30-year sentence for conviction of Level 4 felony unlawful possession of a handgun by a serious violent felon, Class A misdemeanor possession of a synthetic drug, Class B misdemeanor possession of marijuana and his habitual offender adjudication. Finds the Elkhart Superior Court did not abuse its discretion in admitting the challenged evidence at trial. Finds the evidence is sufficient to sustain Shorter’s convictions and that the trial court did not err in denying Shorter’s motion to dismiss the habitual-offender enhancement.
Justices rule against Montana homeowners near Superfund site
The United States Supreme Court delivered a setback Monday to Montana homeowners who are seeking additional cleanup of arsenic left over from years of copper smelting.
Opinions April 17, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday.
Davin Hackett v. City of South Bend
19-2574
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the Northern District Court’s grant of summary judgment for the City of South Bend against former police officer Davin Hackett. Finds that on appeal, Hackett relies on an entirely new hostile environment theory but that the argument was forfeited. Also finds Hackett fails to confront the grounds for the district court’s decision.