Court opinions - The Indiana Lawyer

Opinions Aug. 9, 2019

August 9, 2019

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Thursday.
Rita Boucher v. United States Department of Agriculture, et al.
16-1654
Appeal from the United States District Court for the Southern District of Indiana. Judge Tanya Walton Pratt.
Civil. Reverses the district court’s affirmance of the USDA’s final determination that the removal of nine trees in the 1990s by the late David Boucher converted several acres of wetlands into farmlands, rendering the Bouchers’ entire farm ineligible for certain USDA benefits. Finds the final determination was arbitrary and capricious. Remands to the district court to enter judgment and grant appropriate relief to Rita Boucher.

Justices affirm parental rights for homeless mother of six

August 9, 2019 | Katie Stancombe

A mother who fought to be reunited with her six minor children secured the Indiana Supreme Court’s favor after justices unanimously affirmed a finding that the termination of her parental rights due to her homelessness was not in the children’s best interests.

In contamination case, 7th Circuit cleans up messy preclusion fight

August 9, 2019

Even though none of the businesses disagreed over who contaminated a manufacturing site, the question of who should pay for the cleanup became a fight over claim preclusion that ended with the 7^th Circuit Court of Appeals offering instructions on how the lawsuit should have been defended.

Ruling for insurer in $78K hacking case reversed in part

August 9, 2019 | Katie Stancombe

The Indiana Court of Appeals partially affirmed an insurance company’s first award of judgment in a computer hacking theft but reversed on the second after finding no conflict between the appellant’s deposition testimony and a statement in his affidavit.

Reversal: USDA farm wetlands ruling arbitrary and capricious

August 9, 2019

A Hancock County farm family denied U.S. Department of Agriculture benefits since the removal of nine trees from their farm in the 1990s prevailed in litigation against the agency. The 7^th Circuit Court of Appeals entered judgment for the family, finding USDA’s rulings in the case arbitrary and capricious.

Order enabling grandparents to determine father’s visitation reversed

August 9, 2019 | Katie Stancombe

A father who feared his hostile relationship with his children’s grandparent guardians would prevent him from having visitation with his kids won a reversal of an order stating parenting time would be “agreed upon by the parties.”

Ruling affirmed for woman in emailed debt collection notice case

August 9, 2019 | Katie Stancombe

Judgment for a woman who was sent two debt collection notices by email has been affirmed by the 7^th Circuit Court of Appeals, which found the emails did not contain statutorily required disclosures.

Opinions Aug. 8, 2019

August 8, 2019

The following Indiana Supreme Court decisions were filed Wednesday but were not included in Wednesday’s Indiana Lawyer Daily.

Alberto Baiza Rodriguez v. State of Indiana
18S-CR-143
Criminal. Affirms the Elkhart Superior Court’s judgment that it was not authorized to modify Alberto Baiza Rodriguez’s sentence imposed under his fixed-term plea agreement. Finds the decades-old rule regarding sentence modification — that courts may modify a sentence only if the new sentence would not violate the terms of a valid plea agreement had the new sentence been originally imposed — remains undisturbed. Also finds the Legislature’s amendments to Indiana Code § 35-38-1-17 statute did not alter the settled law of Pannarale v. State, 638 N.E.2d 1247 (Ind. 1994), and its progeny.

Justices reject wrongful death claims against IPS in student’s murder

August 8, 2019 | Katie Stancombe

The estate of a murdered teenage boy could not convince the Indiana Supreme Court that his school was negligent for his death. Instead, justices found the estate’s claims to be barred under contributory negligence law.

Southern District bans on pro se prison filer for ‘pattern of dishonesty’

August 8, 2019 | Olivia Covington

A pro se prisoner and serial litigator has been barred from making additional civil filings in the Southern District of Indiana unless he pays nearly $5,000 in filing fees. A judge also raised the possibility of a perjury referral for any future violations.

Justices: Decades-old rule in fixed plea modifications still stands

August 7, 2019 | Olivia Covington

In upholding a decades-old rule recently codified through a legislative amendment, the Indiana Supreme Court has ruled in companion cases that trial courts can only modify a sentence entered as part of a fixed-plea agreement if the modified sentence would not have violated the plea agreement at the time the sentence was originally imposed.

Opinions Aug. 7, 2019

August 7, 2019

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
Eric Mapes v. State of Indiana
19-1384
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 refusal to recruit pro bono counsel for Eric Mapes. Finds the district judge did not abuse her discretion when she denied Mapes request for pro bono counsel, provided an opportunity to amend, and offered instructions on how best to do so without a lawyer.

COA upholds denial of challenge to 6 med-mal jurors

August 7, 2019 | Olivia Covington

A judge sitting on a medical malpractice case who denied for-cause challenges to six jurors did not abuse his discretion in denying the challenges, the Indiana Court of Appeals has ruled, pointing to the “substantial discretion” trial court judges have over voir dire.

Indiana Court Decisions – July 18-31, 2019

August 7, 2019

Read Indiana appellate court decisions from the most recent reporting period.

Opinions Aug. 5, 2019

August 5, 2019

Indiana Court of Appeals
A S v. R E, et al.
19A-AD-00240
Adoption. Affirms the Morgan Superior Court’s decree of adoption filed by grandparents R.S.E. and R.K.E. to adopt their minor grandchild C.A.H. against father A.C.S.’s wishes. Finds the trial court did not err in finding that father’s consent to the adoption was irrevocably implied pursuant to Indiana Code section 31-19-10-1.2(g) because he failed to appear for the final hearing. Chief Judge Nancy Vaidik dissents with separate opinion.

Opinions Aug. 1, 2019

August 1, 2019

The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Wednesday.
Tara Crump v. Andrew M. Saul
18-3491
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Vacates the Northern District Court’s affirmation of an administrative law judge’s denial of disability benefits for Tara Crump. Finds the ALJ did not adequately account for Crump’s difficulties with concentration, persistence or pace in the workplace. Remands to the Social Security Administration.

Reversal: Man can’t build concrete seawall on lake property

August 1, 2019 | Katie Stancombe

A man’s permission to build a concrete wall on his northern Indiana lakefront property has been halted now that the Indiana Court of Appeals has reversed a trial court’s reversal of his denied application.

Judgment against car dealership upheld for customer in fraudulent sale

August 1, 2019 | Katie Stancombe

A Fort Wayne car dealership lost its appeal of a small-claims case against a woman who won a judgment arguing the dealership fraudulently sold her a car and forged her signature on transaction documents related to the sale.

7th Circuit vacates denial of disability benefits to woman with mental illness

August 1, 2019 | Katie Stancombe

A bipolar woman’s application for disability benefits will be reconsidered after the 7^th Circuit Court of Appeals concluded an administrative law judge failed to consider her treating psychiatrist’s opinions in its denial.

Opinions July 31, 2019

July 31, 2019

The following 7th Circuit Court opinion was posted after IL deadline Tuesday.
USA v. Douglas Jackson
15-3693
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Vacates Douglas Jackson’s and Antwon Jenkins’ conviction of using or carrying a firearm to commit a federal crime of violence and remands for resentencing. Finds §924(c)(3)(B) is unconstitutionally vague pursuant to the United States Supreme Court’s ruling in light of its decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018).

Articles