Indiana Court Decisions — Sept. 26-Oct. 9, 2019
Read Indiana appellate decisions from the most recent reporting period.
Court opinions
Articles
Web Exclusive: Protective order e-filing puts safety first
Hoosiers who believe they need a protective order won’t have to travel to a courthouse in order to file a request now that an electronic filing service has been created to meet the needs of victims from the security of their own homes.
COA affirms IURC’s order in Hamilton Southeastern rate case
An order from the Indiana Utility Regulatory Commission requiring a Hamilton County utility to comply with national guidelines to support a rate hike was upheld Tuesday by the Indiana Court of Appeals. Hamilton Southeastern Utilities uses its operations contractor, Sanitary Management & Engineering Co., to carry out all operation, maintenance and engineering functions of HSE’s […]
Supreme Court reduces interest for IBM in dispute with state
The Indiana Supreme has once again revisited the years-long dispute between the state and IBM Corp., issuing an opinion on rehearing that provides more detail on the post-judgment interest due to IBM.
Civil rights activist discusses Brown v. Board predecessor for Hispanic Heritage month
When 8-year-old Sylvia Mendez tried to register for an all-white school in California in the 1940s, she was denied admission because of her Mexican and Puerto Rican heritage. Mendez, now a civil rights activist, shared her story and the lawsuit that changed her life during a Hispanic Heritage Month celebration Oct. 11.
7th Circuit tosses animal cruelty case for lack of jurisdiction
A case alleging state and private actors conspired to give false claims of animal neglect about two Washington County residents’ livestock was dismissed by the 7th Circuit Court of Appeals for lack of subject matter jurisdiction.
Opinions Oct. 11, 2019
The following 7th Circuit Court of Appeals opinion was posted Thursday after IL deadline:
United States of America v. Reynold De La Torre, et al.
18-2009, -2218, -2286, -3303, 19-1299
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms sentences entered against Maria Gonzalez, Reynold De La Torre and Adrian Bennett. Vacates the guilty pleas entered by Christian Chapman and Jeffrey Rush. Finds Gonzalez’s offense level was properly adjusted for her “aggravating role,” De La Torre waived his challenge to the conditions of his supervised release, and Bennett failed to identify a specific reason to question the substantive reasonableness of his below-guidelines sentence. Also finds Chapman and Rush were subjected to sentencing errors that affected their substantial rights. Remands for further proceedings.
7th Circuit vacates pleas in broad drug ring
Two guilty pleas have been vacated in a sweeping drug conspiracy that involved dozens of firearms and multiple illicit substances, though the 7th Circuit Court of Appeals on Thursday declined to also adjust related sentences.
COA divided on motion for discharge argument in molestation case
A split Indiana Court of Appeals has affirmed the denial of a man’s motion for discharge of his child molesting and child solicitation counts under Indiana Rule of Criminal Procedure 4(C), with a dissenting judge arguing that because proceedings were not stayed until months after an interlocutory appeal was filed and accepted, the tolling rule doesn’t apply.
Neighbors’ property-ownership dispute reversed in adverse possession case
The Indiana Court of Appeals has reversed a decision quieting title of two pieces of land in a battle between Miami County neighbors, finding there wasn’t enough proof that the parcels were acquired by adverse possession.
Opinions Oct. 10, 2019
Indiana Court of Appeals
State of Indiana v. Frederick Obryan McFarland
18A-CR-2408
Criminal. Affirms the Vanderburgh Superior Court’s denial of the state’s motion to amend the habitual offender charging information against Frederick McFarland filed three calendar days before his trial on multiple charges related to a fatal car crash allegedly cause after McFarland fled an attempted traffic stop. Finds no abuse of discretion in the trial court’s ruling.
Surgeon loses malpractice appeal in amputation case
A northern Indiana orthopedic surgeon has lost his appeal in a medical negligence case brought by a patient who continued to experience pain in his hand following a finger amputation.
COA reverses judgment for bank in credit card debt appeal
A bank has failed to prove that one of its customers is thousands of dollars behind on her credit card payments, the Indiana Court of Appeals ruled Thursday.
Sentence enhancement upheld in child sexual exploitation case
A man convicted of sexually exploiting a minor couldn’t convince the 7th Circuit Court of Appeals Wednesday that an enhancement to his sentence was not triggered by his prior state convictions for possession of child pornography.
Opinions Oct. 9, 2019
7th Circuit Court of Appeals
Alejandro Yeatts v. Zimmer Biomet Holdings, Inc.
19-1269
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Magistrate Judge Michael Gotsch, Sr.
Civil. Affirms the Northern District Court’s denial of Alejandro Yeatts’ motion for partial summary judgment against Zimmer Biomet Holdings, Inc. Finds statements provided by Biomet that Yeatts was suspended in connection with a corruption investigation against Biomet is not actionable defamation. Also finds Yeatts’ inability to prove the statement false demonstrates that it is a statement of opinion, beyond the reach of defamation law.
Placement of juvenile in DOC stands after appeal
A teenager now under the wardship of the Indiana Department of Correction lost arguments Wednesday that the decision to declare him a ward of the DOC was an abuse of discretion.
Reversal: Bank loses in lengthy foreclosure battle
The Indiana Court of Appeals reversed judgment awarded to a bank against a former homeowner who filed for bankruptcy, finding that because the man had been discharged of any liability on the mortgage, the judgment was in error.
7th Circuit: Corruption concerns regarding ex-Biomet employee not defamation
A former Biomet employee has lost his argument before the 7th Circuit Court of Appeals that he was defamed by his former employer when it included his name in a list for the Department of Justice as part of a corruption investigation.
Opinions Oct. 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
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.