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.
Court opinions
Articles
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.
Man’s conviction upheld in gang-related murder
An East Chicago man could not convince the Indiana Court of Appeals on Friday that he shouldn’t be found guilty of murder for his involvement in a gang-related killing.
Opinions April 16, 2020
Indiana Court of Appeals
In the Matter of the Supervised Estate of Bogdan T. Mihuti: Layla Cristina Mihuti v. Ciobanu Law, P.C., et al. (mem. dec.)
19A-ES-1945
Estate. Affirms the Hendricks Superior Court did not abuse its discretion in allowing Ciobanu Law P.C. to recover its fees against Layla Mihuti or in declining to order Ovidiu Mihuti and Ciobanu Law responsible for all fees incurred from Ovidiu’s petition to determine heirship. Also finds the trial court did not err in declining to set aside the default judgment on liability for conversion concerning Ovidiu. Lastly, finds no abuse of discretion concerning the challenged aspects of the damages award.
Jury’s failure to appear verdict affirmed after man claimed intent was unproven
A southern Indiana man whose counsel admitted to a jury that the defendant failed to appear in court on a felony charge, but didn’t do so intentionally, lost his appeal of the jury’s guilty verdict Wednesday.
Rost and Etienne: Design patents offer protection against aftermarket copying
How can a business or manufacturer legally protect external and aesthetic components from copycats and knockoff suppliers? Design patents.
Indiana Court decisions – March 26-April 8, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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.”