Court opinions - The Indiana Lawyer

Opinions Oct. 8, 2019

October 8, 2019

Indiana Supreme Court
Rodney W. Falls v. State of Indiana
19S-CR-557
Criminal. Grants transfer to reaffirm that a charge of stalking may be supported by conduct that is continuous in nature, even if it is a single episode. Finds that Rodney Falls’ conduct of following a college student by vehicle for more than two hours met the statutory definition of “continuing” harassment, thereby supporting his conviction in Kosciusko Superior Court of Level 6 felony stalking. Affirms the Indiana Court of Appeals’ opinion in all other respects.

Justices affirm stalking conviction for driver who followed college student 70 miles

October 8, 2019 | Katie Stancombe

A man’s act of following a college student for more than two hours on U.S. Highway 30 from Valparaiso to Warsaw constituted stalking, Indiana Supreme Court justices affirmed Tuesday, finding his actions were continuous in nature.

COA on rehearing lets stand ruling setting aside tax deed

October 8, 2019 | Katie Stancombe

The Indiana Court of Appeals on Tuesday rejected multiple arguments regarding its prior decision involving the LaPorte County auditor’s failure to check records that would have revealed the address of a Michigan City property owner whose land was sold without notice for back taxes.

Opinions Oct. 7, 2019

October 7, 2019

Indiana Court of Appeals
Pink A. Robinson v. State of Indiana (mem. dec.)
18A-CR-2218
Criminal. Affirms Pink Robinson’s aggregate 48-year sentence for conviction in Elkhart Circuit Court of three counts of Level 3 felony robbery with a deadly weapon. Finds his sentence is not inappropriate in light of his character.

Opinions Oct. 4, 2019

October 4, 2019

Indiana Court of Appeals
Jimmy E. Crase v. State of Indiana (mem. dec.)
18A-CR-2423
Criminal. Affirms Jimmy E. Crase’s conviction of two counts of Class B felony child molestation. Finds there is sufficient to support Crase’s classification as a credit restricted felon.

Unemployment benefits upheld after employer misses phone hearing

October 4, 2019 | Katie Stancombe

An employer who failed confirm its presence at a telephonic hearing it was scheduled to have with a recently terminated employee couldn’t convince the Indiana Court of Appeals that it was denied a reasonable opportunity for a fair hearing.

Rush, David dissent in denial of appeal after joint mistrial request rejected

October 4, 2019 | Dave Stafford

A man’s conviction in a domestic battery case after both defense and prosecution asked for a mistrial because a relative of the defendant communicated with a juror outside court will stand after the Indiana Supreme Court in a 3-2 decision chose not to hear the appeal. Chief Justice Loretta Rush and Justice Steven David published a dissent, believing the defendant had been prejudiced and was entitled to a new trial.

COA: Dollar Tree can open on former Walgreens lot

October 4, 2019 | Katie Stancombe

The denial of an Indianapolis property owner’s request to put a Dollar Tree in a vacant drugstore building was an abuse of discretion, the Indiana Court of Appeals affirmed in a Friday decision.

COA reverses denied for-cause challenge against unwilling juror, orders new trial

October 4, 2019 | Katie Stancombe

A wrongful death case will proceed to retrial after the Indiana Court of Appeals reversed the denial of a woman’s motion to strike a potential juror who expressed an unwillingness to decide the question of damages.

Opinions Oct. 3, 2019

October 3, 2019

Indiana Court of Appeals
Bart M. Betteau v. Robert Headrick and Karen Headrick (mem. dec.)
18A-MI-2610
Miscellaneous. Affirms the Floyd Superior Court’s ruling that Robert and Karen Headrick are owners of an easement allowing use of a gravel driveway that runs across Bart Betteau’s property. Finds the Headricks have a right to use the gravel driveway along the path it followed at the time the Headricks and Betteau took title to their respective properties. Also finds the trial court did not err in assessing the Headricks and Betteau each half the maintenance cost for the portion of the gravel driveway that is utilized by both parties.

COA upholds 75-year sentence in kidnapping, confinement

October 3, 2019 | Katie Stancombe

A man who stalked and kidnapped two women at gunpoint and led police on a vehicle chase couldn’t persuade the Indiana Court of Appeals to reduce his aggregate 75-year sentence.

Opinions Oct. 2, 2019

October 2, 2019

Indiana Court of Appeals
James A. Ringley v. Caliber Home Loans, Inc. (mem. dec.)
19A-MF-782
Mortgage foreclosure. Affirms the Hamilton Superior Court’s order denying James Ringley’s motion to set aside the judgment entered in favor of Caliber Home Loans, Inc. Finds the trial court did not abuse its discretion when it denied Ringley’s motion to set aside the judgment in favor of Caliber.

Justices’ rent-to-own ruling helps consumers, lawyers say

October 2, 2019 | Marilyn Odendahl

The Indiana Supreme Court reviewed a dispute over a rent-to-own contract and determined the family who had been living in the home were renters, not buyers. The ruling in Rainbow Realty Group, Inc., et al. v. Katrina Carter and Quentin Lintner, might give families who enter rent-to-buy contracts some remedy to prevent their dreams of homeownership from becoming a nightmare.

Indiana Court Decisions – Sept. 12–25, 2019

October 2, 2019

Read Indiana appellate decisions from the most recent reporting period.

Video hearings did not result in unfair or harmful juvenile proceedings

October 1, 2019 | Marilyn Odendahl

Two juveniles will remain wards of the Indiana Department of Correction after the Indiana Supreme Court found that while their participation in their modification hearings through Skype violated an administrative rule, it did not cause a fundamental error.

COA affirms dismissal of mom’s false arrest claims

September 30, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed the dismissal of a mother’s complaint against a deputy chief of police, which alleged he created a false affidavit for her arrest after she allegedly touched her child in an “abusive” manner.

Plaintiffs in RTFA dispute ask Indiana Supreme Court for review

September 30, 2019 | Marilyn Odendahl

Neighbors to an 8,000-head hog farm are asking the Indiana Supreme Court for relief, arguing Indiana’s Right to Farm Act does not give blanket immunity to all negligence and trespass claims. Martin Richard and Janet Himsel and Robert and Susan Lannon have filed a petition to transfer their complaint over a concentrated animal feeding operation near their farms in Hendricks County.

Reversal: Jury instruction on man’s failure to mitigate damages was error

September 30, 2019 | Katie Stancombe

A man who claimed a semi-truck driver and the driver’s employer caused him personal injuries after an interstate collision will receive a new damages trial after the Indiana Court of Appeals found that an instruction given to the jury on the man’s failure to mitigate his damages was erroneous.

Sex offender registration requirement reversed for voyeurism conviction

September 30, 2019 | Katie Stancombe

A man convicted of voyeurism won’t have to register as a sex offender, the Indiana Court of Appeals ruled, concluding the man was not convicted of a crime requiring that he do so.

Opinions Sept. 26, 2019

September 26, 2019

Indiana Court of Appeals
Termination: A.B., et al. v. Indiana Department of Child Services
19A-JT-00487
Juvenile termination. Affirms the Steuben Circuit Court did not abuse its discretion in admitting drug test evidence from parents A.B. and J.R. Finds there is sufficient evidence to support the termination of the parent-child relationships with their children K.R., J.T.R., J.L.R., and E.R. Finds there is a reasonable probability that the conditions that resulted in the children’s removal will not be remedied.

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