Indiana Court of Appeals
Shannon Gehlhausen, et al. v. Indiana Foundation Service, Inc.
19A-CT-00842
Civil tort. Affirms the Hamilton Superior Court’s grant of summary judgment to Indiana Foundation Service, Inc. Finds Shannon and Brandon Gehlhausen have failed to present a different account of events that would require a resolution by a trier of fact.
A Hoosier foundation services company that secured a ruling against new homeowners in a warranty dispute stemming from issues with leaking basement wall prevailed Friday in the Hamilton County homeowners’ appeal.
7th Circuit Court of Appeals
Judy Prater v. Andrew Saul
19-2263
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee.
Civil. Affirms the denial of Judy Prater’s request for Social Security disability insurance benefits based on a variety of her mental and physical impairments. Finds that the sit/stand limitation in Prater’s residual functional capacity assessment specifies that Prater may change positions as needed so long as she remains in position for at least 30 minutes at a time. Finds the RFC formulation as not vague and that the decision is supported by substantial evidence.
The Indiana Court of Appeals has affirmed a man’s theft conviction, finding testimony about what a law enforcement officer saw on a CVS pharmacy’s security footage did not violate the best evidence rule.
A woman seeking disability insurance benefits was again denied her request when a unanimous 7th Circuit Court of Appeals concluded that a sit/stand limitation in her residual functioning capacity assessment was not vague.
The Indiana Court of Appeals has affirmed the denial of a Kroger store’s request for summary judgment against a woman who sued it for negligence after she injured herself in a slip-and-fall accident.
An appellate judge concurring with a one-paragraph opinion in a post-conviction case proposed reordering the way Indiana treats those who are arrested. But Judge Paul Mathias joined with judges Margret Robb and Rudolph Pyle III to affirm the denial of post-conviction relief in Charles E. Barber v. State of Indiana, 19A-PC-1234.
A lawyer and his clients who collectively were ordered to pay more than $156,000 in damages and attorney fees after defaulting in a Hamilton County business breach of contract and defamation suit won no relief Tuesday from the Indiana Court of Appeals.
A St. Joseph County man failed to persuade the Indiana Court of Appeals to toss his counterfeiting conviction on his argument that his alleged pot dealer lied to police about how he had received a phony $50 bill.
7th Circuit Court of Appeals
Shanika Day v. Franklin Wooten
19-1930
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil tort. Reverses the denial of qualified immunity to Indianapolis Metropolitan Police Officer Randall Denny and Indianapolis Metropolitan Police Sgt. Franklin Wooten. Finds the officers’ conduct in placing Terrell Day in handcuffs did not violate the teenager’s Fourth Amendment rights even though he complained of not being able to breathe and eventually died in custody. The autopsy report concluded Day’s death was caused in part by having his hands cuffed behind his back, but the appellate panel ruled there is no precedent giving an arrestee the right to not have his hands cuffed behind his back after he complains of difficulty breathing. Remanded for further proceedings.
Despite multiple 7th Circuit decisions finding police at fault for injuring individuals by excessive handcuffing, a panel from the Chicago court has granted qualified immunity to two Indianapolis police officers in the death of a teenager because none of the previous cases specifically give arrestees the right to not be handcuffed after complaining about difficulty breathing.
The Indiana Court of Appeals has affirmed for more than a dozen grandchildren in their fight to secure heirship in the distribution of trust property.
Indiana Supreme Court
In the Matter of the Adoption of C.A.H., A.C.S. (Father) v. R.S.E. and R.K.E. (Grandparents)
20S-AD-5
Adoption. Reverses the Morgan Superior Court’s finding that father’s consent was irrevocably implied in the adoption matter. Remands for a hearing on the merits of his motion to contest the adoption of his child. Finds a parent’s implied consent to the adoption of a child may not be based solely on the parent’s failure to appear at a single hearing.
A unanimous Indiana Supreme Court has reversed an adoption, holding that a parent’s implied consent to the adoption may not be based solely on their failure to appear at a single hearing. In doing so, justices unanimously agreed with the dissenting judge in a divided Indiana Court of Appeals ruling.
A young adult accused of child molesting when he was a teenager has had his granted motion to dismiss a delinquency petition against him reversed. The Indiana Court of Appeals found the juvenile court had subject matter jurisdiction in the case.
Indiana Court of Appeals
MGPI of Indiana, LLC v. South Dearborn Regional Sewer District
19A-PL-393
Civil plenary. Affirms the Dearborn Circuit Court’s order upholding the District Authority of Dearborn County’s ruling that upheld the adoption of a rate-setting ordinance by the South Dearborn Regional Sewer District. Finds there was a rational basis for the District Authority to uphold the ordinance and for the trial court to affirm its ruling against the challenge brought by MGPI of Indiana.
Twelve individuals with backgrounds in the law, media, government and academia have been selected for the new PACER User Group, which will offer input and advice for improving the federal courts’ electronic docket system as well as other electronic public access services provided by the judicial branch.
A 62-year sentence has been affirmed for a teenager convicted of murdering a man outside of an Evansville gas station and food market, the Indiana Court of Appeals ruled Thursday.
A Lawrenceburg distillery couldn’t persuade the Indiana Court of Appeals on Thursday to reverse a ruling upholding a regional sewer district’s adoption of an ordinance that excluded it from being considered a direct customer.
An ex-Chicago cop serving time for drug-related convictions linked to his connection with the Latin Kings street gang will have an opportunity to have his request for a reduced sentence considered, the 7th Circuit Court of Appeals ruled Tuesday.