A father who argued his daughter was an Indian child under federal law during a termination of parental rights battle lost his appeal of the termination Monday, when the Indiana Court of Appeals upheld a ruling finding that the child’s tribe was not registered with the United States government.
Double jeopardy concerns led the Indiana Court of Appeals to vacate a contempt finding against a man facing a domestic battery charge, though his related domestic battery sentence was upheld.
The Indiana Court of Appeals has affirmed the involuntary temporary commitment for a man found to be gravely disabled and dangerous to himself and others, finding clear and convincing evidence supported the finding.
A man found guilty but mentally ill of a Monument Circle attack that left one person dead has lost his appeal of his convictions and sentence, including his appeal of the finding that he could appreciate the wrongfulness of his conduct.
The parents of four children who were all adjudicated as children in need of services have lost their appeal of the CHINS determinations, with the Indiana Court of Appeals dismissing arguments claiming error on the part of the trial court and the Department of Child Services.
Indiana Supreme Court
American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc., d/b/a HWC Engineering, Inc., Marlin A. Knowles, Jr., Jonathan A. Day, David Lancet, et al.
18S-PL-437
Civil plenary. Affirms the Marion Superior Court, finding it properly denied summary judgment on American Structurepoint, Inc.’s claims of tortious interference and that an issue of material fact remains as to whether Marlin Knowles, Jonathan Day and David Lancet tortiously interfered with their ASI contracts. Holds that the liquidated damages provisions are unenforceable penalties. Remands. Justice Geoffrey Slaughter concurs in part, dissents in part with separate opinion in which Justice Mark Massa joins.
A Huntington County man who called the local sheriff and said he “was strung out on meth and to come get him and take it all out of his house,” unsuccessfully argued before the Indiana Court of Appeals that the statute under which he was convicted was unconstitutionally vague.
A paroled killer who admitted to smoking meth and then asked law enforcement to remove the pipes he smoked from his home so his girlfriend wouldn’t find them did not convince the Indiana Court of Appeals on Thursday that those statements were inadmissible.
The termination of a father’s parental rights has been reversed after a panel of the Indiana Court of Appeals found insufficient evidence proved he would threaten the wellbeing of his daughter.
A man suspected of trying to sell look-alike substances at an Indiana casino has had his drug-related conviction reversed, with the Indiana Court of Appeals finding insufficient evidence to dispel a claim of a Fourth Amendment violation.
A divided Indiana Supreme Court has affirmed the denial of summary judgment to an Indianapolis-based civil engineering firm, finding an issue of material fact remains as to whether the firm’s former employees tortiously interfered with their contracts not to recruit.
The Indiana Court of Appeals has reversed the denial of a man’s motion to continue his divorce proceedings after his attorney withdrew as counsel just one day before the case’s final hearing.
7th Circuit Court of Appeals
Timothy Johnson v. Michael Rogers
19-1366
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Affirms the Southern District Court’s finding that police officer Michael Rogers is entitled to qualified immunity. Finds Rogers did not kick Timothy Johnson or otherwise harm him after he was on the ground and that Rogers used his legs to undermine Johnson’s balance and force him down. Also finds Johnson was not under control at the time of the incident and that Rogers’ act was an attempt to regain control.
The 7th Circuit Court of Appeals affirmed an Indianapolis police officer is entitled to qualified immunity in a federal civil-rights lawsuit filed after he took down a handcuffed man, fracturing the suspect’s leg in the process.
A Howard Superior jury’s damages award of $305,600 plus legal fees was voided Wednesday by the Indiana Court of Appeals, which instead ordered the trial court to enter judgment of just $100,000 to owners of property in Kokomo that the city condemned.
A northern Indiana trial court erred in ordering the city of Plymouth to enforce a mediation settlement agreement to pay a contractor $130,000 because terms of the agreement had not been fulfilled, an appellate panel ruled Wednesday.
The Indiana Court of Appeals has affirmed the dissolution of a man’s marriage, finding the inclusion of his contractual interests in purchased farmland in the martial estate was not an abuse of discretion.
A man convicted of home-improvement fraud after being hired to landscape a yard had his conviction vacated Tuesday, when the Indiana Court of Appeals found his conduct did not fall under the home improvement fraud statute.
The Indiana Court of Appeals has affirmed the decades-long sentence against a then-teenager who killed a convenience store clerk during an attempted robbery.
Indiana Court of Appeals
Muir Woods Section One Assn., Inc., et al. v. Marion County Treasurer, et al.
18A-CC-02643
Civil collection. Affirms the Marion County Assessor, Treasurer, and Auditor’s motion for dismissal for lack of subject matter jurisdiction against Muir Woods Section One Association and Nantucket Bay Homeowners Association. Finds the Marion Superior Court lacks subject matter jurisdiction to order the Treasurer to issue refunds to the homeowners associations for overpayment of taxes.