Court opinions - The Indiana Lawyer

Opinions Feb. 19, 2020

February 19, 2020

The following 7^th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday.
United States of America v. Marvin Cates
19-1042
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Affirms the denial of Marvin Cates’ motion to withdraw his guilty plea to possession a firearm with a prior felony conviction on the basis of ineffective assistance of counsel. Finds the record contains insufficient evidence to support Cates’ ineffective-assistance claim on direct appeal.

Reversal: Driver at fault in wreck liable for repaired truck’s diminished value

February 19, 2020 | Dave Stafford

A woman whose vehicle rear-ended a pickup truck in a Bloomington wreck is liable for the truck’s diminished value after it was repaired, the Indiana Court of Appeals ruled Wednesday in a reversal.

COA rejects separation-of-powers argument in probation revocation appeal

February 19, 2020 | Katie Stancombe

A man contesting the revocation of his probation did not convince the Indiana Court of Appeals that an Indiana statute violates the separation-of-powers provisions of the Indiana Constitution. The appellate court instead found, based on its own precedent, that the statute is not unconstitutional.

Reversal: Burglary conspiracy expungement petition wrongly dismissed

February 19, 2020 | Katie Stancombe

A man’s petition for expungement of his criminal record for his involvement as a lookout during a residential burglary almost 20 years ago has been reinstated after the Indiana Court of Appeals ruled Wednesday that a southeast Indiana trial court erred in dismissing it.

7th Circuit rejects ineffective-assistance claim on direct appeal

February 19, 2020 | Olivia Covington

A federal inmate who chose to raise an ineffective-assistance claim on direct appeal has lost his bid to overturn his guilty plea, with the 7^th Circuit Court of Appeals finding that his strategic decision to raise the issue on direct appeal led to a lack of sufficient evidence.

Warehouse owner wins cost of removing property in appeal after lease default

February 19, 2020 | Dave Stafford

The owner of a Westfield warehouse is entitled to recover the costs of removing abandoned property in addition to unpaid rent after a tenant defaulted on lease payments, the Indiana Court of Appeals ruled Wednesday in a partial reversal. The cost of removal is twice the unpaid rent, according to the ruling.

Indiana Court Decisions – Jan. 30-Feb. 12, 2020

February 19, 2020

Read Indiana appellate court decisions from the most recent reporting period.

Edinburgh antique store can stay put as COA dismisses realty fight

February 18, 2020 | Katie Stancombe

The Indiana Court of Appeals has vacated an order requiring an Edinburgh antique store to leave its place of business, finding an agreement between the store and the real estate’s owner was a land sale contract and not a lease subject to an eviction proceeding.

Expungement wait-time case set for Thursday oral arguments

February 18, 2020 | IL Staff

The Indiana Supreme Court will hear oral argument this week in a criminal expungement case that has previously divided the Indiana Court of Appeals about when the trigger date for five-year expungement waiting periods should begin.

Appellate judges rule for hospital in medical malpractice case

February 18, 2020 | Katie Stancombe

A man who filed a medical malpractice claim against a doctor and hospital following his surgery for a herniated disc could not convince the Indiana Court of Appeals that he should be permitted to amend his complaint and add a federal claim.

Property owned by husband’s parents are not marital assets, COA affirms

February 18, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed the exclusion of real estate and an internet service provider company from the marital assets of a couple in their divorce proceedings, agreeing with a trial court that the challenged assets were actually the property of the husband’s parents.

Ruling in Arkansas case creates hurdle for Indiana’s Medicaid work mandates

February 18, 2020 | Marilyn Odendahl

Indiana’s attempt to impose work requirements on some Medicaid recipients likely suffered a setback Feb. 14 when an appellate court ruled that similar mandates in Arkansas fell outside the core objective of the federal health care program.

Opinions Feb. 17, 2020

February 17, 2020

Indiana Supreme Court
Collins Asset Group, LLC v. Alkhemer Alialy|
19S-CC-531
Civil collection. Reverses and remands the Hamilton Superior Court’s dismissal of a complaint brought by Collins Asset Group LLC for missed payments on a promissory note entered into by Alkhemer Alialy. Finds that CAG can assert its claim under either Ind. Code § 34-11-2-9 (2019) or § 26-1-3.1-118(a) (2019).

Reversal: Lender can assert claim for missed promissory note payments

February 17, 2020 | Katie Stancombe

The Indiana Supreme Court on Monday reversed the dismissal of a complaint brought for missed payments on a promissory note, finding the lender’s claim is timely.

Justices affirm trial court in mortgage acceleration clause case

February 17, 2020 | Katie Stancombe

The Indiana Supreme Court has affirmed a trial court’s order that foreclosed a couple’s interest in two mortgaged properties, concluding that the lender filed suit against the borrowers within the applicable statutes of limitations.

COA reverses for state against ex-Crawford County payroll clerk

February 17, 2020 | Katie Stancombe

A panel of appellate judges has reversed and remanded the grant of a former Crawford County employee’s untimely motion for extension in a lawsuit alleging that she failed to withhold employee insurance contributions from her own paycheck.

Opinions Feb. 14, 2020

February 14, 2020

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
Brandi Lutes v. United Trailers, Inc.
19-1579
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller.
Civil. Affirms in part and reverses in part the district court’s entry of summary judgment for United on the estate of Buddy Phillips’ wrongful termination claim. Affirms judgment for United on Phillips’ retaliation claim but reverses and remands for proceedings on his claim of interference with his rights under the Family and Medical Leave Act.

Divided COA reinstates complaint against IMPD employee

February 14, 2020 | Katie Stancombe

A divided Indiana Court of Appeals has permitted a man to prosecute his complaint against an Indianapolis Metropolitan Police Department employee who crashed into his vehicle. The appellate majority concluded the extreme remedy of dismissal for failure to prosecute was not warranted in the case.

Fort Wayne gets future fire tax revenues for annexed area, divided COA rules

February 14, 2020 | Olivia Covington

The city of Fort Wayne is entitled to tax revenues for providing fire protection services to annexed land in Allen County, but past revenues will stay with the original fire protection district that served the area before the annexation, the Indiana Court of Appeals ruled Friday. A dissenting judge, however, questioned whether the case should have proceeded in the Indiana Tax Court instead.

Appeals court upholds molester’s conviction, sentence

February 14, 2020 | Dave Stafford

A child molester obtained no relief Friday in his appeal that challenged everything from the seating of jurors to the nine-year executed sentence imposed on him after he was convicted of sex crimes against an 8-year-old girl.

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