Court erred by correcting error after appeal began
An Indiana trial court erred in a case over unpaid elevator repair bills by granting the plaintiffs’ motion to correct error after the case already had gone up to the Indiana Court of Appeals.
Court opinions
Articles
Rear-ended driver wins new damages trial after errant jury instruction
A driver who a jury awarded just $10,000 on her personal injury claims after an intoxicated driver struck her car from behind won a new trial on damages Friday. The Indiana Court of Appeals found an erroneous jury instruction may have led to a verdict that was less than the driver had been offered to settle the case.
Opinions March 19, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday.
DePuy Synthes Sales, Inc. v. OrthoLA, Inc.
19-2765
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the district court’s stay of a case filed in the Southern District seeking an order to compel arbitration in a medical device distribution dispute between manufacturer DeDuy Synthes Sales and Los Angeles-area contract distributor OrthoLA, Inc. Finds that given related litigation over similar subject matter in California, the Southern District did not abuse its discretion in staying the matter until the California matter is resolved.
7th Circuit affirms stay of DePuy medical device distribution litigation
A dispute over a medical device maker’s distribution contracts in Southern California was properly stayed in an Indiana federal court after parallel claims were brought here, the 7th Circuit Court of Appeals ruled Wednesday.
COA: Motion to suppress should be granted because officers lacked probable cause
A visitor who was present during a home detention check that resulted in the discovery of illegal drugs and ended with him in handcuffs secured a reversal from the Indiana Court of Appeals on Wednesday. The court found officers lacked probable cause to search the man and reversed his denied motion to suppress.
Reversal: Fired lawyer cannot seek attorney fees ‘separate and apart’ from client
A Crown Point attorney who was fired by her client in a long-running juvenile paternity case had no right to then intervene in the case to seek an award of attorney fees from the opposing party, the Indiana Court of Appeals ruled Wednesday, reversing the trial court.
Indiana Court decisions – Feb. 27-March 11, 2020
Read Indiana appellate decisions from the most recent reporting period.
Indiana must recognize both spouses in female same-sex marriages as parents
A federal court issued an order Tuesday requiring Indiana to include non-birth mothers’ names on their children’s birth certificates, marking a milestone in a long legal battle.
Conviction affirmed for intoxicated woman found in parked, running vehicle
The Indiana Court of Appeals has affirmed the conviction of a woman who was found intoxicated in her running but parked vehicle, finding sufficient evidence to support that she was operating the vehicle at the time law enforcement found her.
COA affirms compelled arbitration in assisted living sex abuse dispute
The legal guardian of an elderly woman housed at a Carmel assisted living facility could not convince the Indiana Court of Appeals on Tuesday that she should not be compelled to arbitration after bringing breach of contract and negligence claims against the facility for allegations of sex abuse.
Opinions March 16, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday.
USA v. Sheila Geary
19-2299
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Sheila Geary’s 57-month prison sentence and five years of supervised release for a child pornography conviction, as well as an order that she pay $55,600 in restitution jointly and severally with her husband, David Geary. Finds no clear error in the district court’s factual findings that Sheila was a but-for cause of a child’s abuse. Also finds the inclusion of the restitution amount in Sheila’s PSR was sufficient notice to her that David’s restitution amount would be used in her sentencing. Thus, finds no error in relying on the calculation from David’s sentencing to determine the amount of restitution that Sheila would owe.
$1.8M restitution order vacated in car dealership fraud
The 7th Circuit Court of Appeals has reversed and remanded for the recalculation of restitution to be paid by a man involved in fraudulent activities at an Indianapolis car dealership.
COA: Staffing firm must pay attorney fees in breach of contract dispute
A recruiting and staffing firm did not convince the Indiana Court of Appeals on Friday that it should not have to pay attorneys fees requested by a former contractor in a breach of contract dispute.
Opinions March 12, 2020
Indiana Court of Appeals
Name Change Of: R.E.
19A-MI-02562
Miscellaneous. Reverses and remands the Newton Circuit Court’s demand that R.E. publish his petition to change his name in a local newspaper; litigate the petition in open court; and submit medical evidence to show that R.E. had actually undergone a physical sex change. Finds the trial court obstructed the timely disposition of R.E.’s petition and placed evidentiary burdens upon R.E. that were unjustified and contrary to law. Remands with instructions that the trial court grant R.E.’s petition without further delay.
COA affirms charges brought under new cause number
The Indiana Court of Appeals has affirmed the denial of a man’s motion to dismiss charges brought against him in a new cause after the state sought to refile the case to tidy up the record, finding no abuse of discretion in the decision.
Denial of motion to suppress affirmed in traffic stop case
The Indiana Court of Appeals has affirmed the denial of a man’s motion to suppress evidence of narcotics discovered in his vehicle during a traffic stop after a tip that he had been using drugs in his Purdue University dorm room.
Reversal: Transgender name change permitted; trial court admonished for disrespect
A transgender man denied a motion to privately change his name and gender on his birth certificate won a reversal from the Indiana Court of Appeals, which admonished a trial court for denying the man’s petition and treating him disrespectfully.
Opinions March 11, 2020
The following opinions were posted after IL deadline Tuesday.
7th Circuit Court of Appeals
USA v. Monique Bowling
19-2110
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Affirms Monique Bowling’s 63-month sentence for conviction of theft from a local government that received federal funds under 18 U.S.C. § 666(a)(1)(A). Finds the federal funds element was met when the parties stipulated that the City of Gary received more than $10,000 in federal benefits in a one-year period. Also finds no error in admitting testimony under Rule 404(b) and that the district court’s finding that Bowling deliberately exaggerated her mental health symptoms and remained mute to unnecessarily delay the proceedings does not need to be disturbed.
Reversal: Orange County man’s child molesting conviction improperly elevated
The Indiana Court of Appeals has ordered a man convicted of child molesting resentenced. The panel found his felony conviction was improperly elevated and cautioned the trial court regarding consideration of his uncharged allegations on remand.
Tax Court affirms Evansville rehab center falls under 3% tax cap
An Evansville temporary inpatient rehab center is not considered to be either a long-term care property or a residential property, the Indiana Tax Court affirmed Tuesday. As such, the property owner’s tax liability was required to be computed using the 3% property tax cap.