Court opinions - The Indiana Lawyer

Opinions Oct. 17, 2019

October 17, 2019

Indiana Court of Appeals
Kay Kim, et al. v. Village At Eagle Creek Homeowners Association, et al.
19A-SC-00970
Small claims. Reverses the Marion County Small Claims Court’s order dismissing Kay Kim and Charles Chuang’s action against the Village at Eagle Creek Homeowners Association, Inc. and Muhammed and Andleeb Javed. Finds the smalls claims court erred when it dismissed Kim and Chuang’s case for their refusal to attend mediation. Holds that small claims courts may not Remands further proceedings.

Divided COA dismisses negligence suit in fatal helicopter crash

October 17, 2019 | Katie Stancombe

A divided Indiana Court of Appeals panel ruled for three aerospace defendants in a negligence case brought by victims of a fatal helicopter crash that took place in Mississippi, finding Indiana has no personal jurisdiction in the matter.

Judgment for school, town affirmed in gang-rape case

October 17, 2019 | Katie Stancombe

A northern Indiana town and school corporation’s motion to dismiss a case stemming from an unreported gang rape was affirmed Thursday, with one appellate judge apologizing to the victim for being unable to find an ‘adequate remedy’ under current Indiana law.

Reversal: Small claims courts cannot order mediation, ADR

October 17, 2019 | Katie Stancombe

Parties cannot be ordered to participate in alternative dispute resolution in small claims proceedings, the Indiana Court of Appeals ruled Thursday, reinstating a dog-bite case that an Indianapolis judge had dismissed after litigants refused to participate in court-ordered mediation.

Adoption decree reversed over finding that mom’s consent not required

October 17, 2019 | Dave Stafford

The Indiana Court of Appeals on Thursday reversed and vacated an adoption petition for a 4-year-old Greene County child, finding the trial court erred in determining that the mother’s consent to the adoption by the child’s father and stepmother was not required.

Battery convictions upheld for man who shot neighbor with nail gun

October 16, 2019 | Katie Stancombe

A man who bound his neighbors with zip ties, accused them of being police informants and shot one victim several times with a nail gun did not convince the Indiana Court of Appeals that his battery convictions constituted double jeopardy.

Indiana Court Decisions — Sept. 26-Oct. 9, 2019

October 16, 2019

Read Indiana appellate decisions from the most recent reporting period.

Web Exclusive: Protective order e-filing puts safety first

October 16, 2019 | Katie Stancombe

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

October 15, 2019 | Katie Stancombe

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

October 15, 2019 | Olivia Covington

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

October 15, 2019 | Katie Stancombe

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

October 14, 2019 | Katie Stancombe

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 7^th Circuit Court of Appeals for lack of subject matter jurisdiction.

Opinions Oct. 11, 2019

October 11, 2019

The following 7^th 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

October 11, 2019 | Olivia Covington

Two guilty pleas have been vacated in a sweeping drug conspiracy that involved dozens of firearms and multiple illicit substances, though the 7^th Circuit Court of Appeals on Thursday declined to also adjust related sentences.

COA divided on motion for discharge argument in molestation case

October 11, 2019 | Katie Stancombe

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

October 11, 2019 | Katie Stancombe

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

October 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

October 10, 2019 | Katie Stancombe

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

October 10, 2019 | Katie Stancombe

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

October 9, 2019 | Katie Stancombe

A man convicted of sexually exploiting a minor couldn’t convince the 7^th Circuit Court of Appeals Wednesday that an enhancement to his sentence was not triggered by his prior state convictions for possession of child pornography.

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