Court opinions - The Indiana Lawyer

Divided 7th Circuit lifts injunction against Indiana fetal-tissue research ban

March 15, 2019

An Indianapolis judge’s ruling that blocked an Indiana law effectively banning stem cell research derived from aborted fetal tissue was reversed by a divided 7^th Circuit Court of Appeals panel Thursday. The 2-1 decision is a defeat for Indiana University researchers challenging the ban, and a dissenting judge questioned the state’s motivation and intent behind a law he said threatens IU research into potential treatments for Alzheimer’s disease and other disorders.

Bank’s arbitration award reversed for abuse of discretion

March 14, 2019

A small claims court’s confirmation of an arbitration award to a bank after its ‘dilatory conduct’ was reversed Thursday by the Indiana Court of Appeals, which found an abuse of discretion occurred in granting the bank relief several years after the case should have been dismissed with prejudice.

Reversal: Trial court erred in rescinding settlement

March 8, 2019

The Indiana Court of Appeals reversed a trial court’s rescission of an order it gave enforcing a settlement agreement in a negligence suit. The appellate panel found the order contradicted itself.

Judgment awarded to Southport, police officials in legal feud with city councilwoman

March 6, 2019

The curtains have closed, at least for now, on a longstanding political battle between Southport law enforcement, a city council member and her ex-boyfriend now that a district court has awarded judgment in favor of the city, its police chief and a former detective on their motions for summary judgment on the council members remaining claims.

Appeals court allows class action against Mishawaka car dealer to continue

March 6, 2019

A Mishawaka car dealership failed to convince the Indiana Court of Appeals that it was wrongly denied its motion to dismiss a class action complaint from several angry customers after the panel found general allegations of uncured and incurable acts against the dealership were enough for dismissal.

Ex-husband’s due process rights not violated by invasion of privacy statute

March 6, 2019

A man who argued his constitutional right to have an intimate relationship with his ex-wife had been violated was denied an appeal of his invasion of privacy conviction when the Indiana Court of Appeals found the privacy statute did not directly interfere with his fundamental rights.

COA upholds TPR ruling after parents’ continued substance abuse

March 6, 2019

Parents arguing the termination of their parental rights was not in the best interest of their minor child lost their argument when the Indiana Court of Appeals found their ongoing substance abuse issues had not improved over time.

Justices grant transfer in 2 cases, deny legal malpractice case

March 5, 2019

The Indiana Supreme Court has agreed to consider two cases involving seized cash and an extended protective order while also denying transfer to a legal malpractice case resolved in favor of a Bloomington attorney.

Waived appellate rights enforceable despite unusual waiver language, 7th Circuit rules

March 5, 2019

A man who explicitly waived his right to appeal his decade-long sentence was denied his appeal of that sentence Monday when the 7^th Circuit Court of Appeals determined the waiver of his appellate rights was valid despite the “unusual” language of his plea agreement.

Indiana Court Decisions — Feb. 14-27, 2019

March 5, 2019

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

Split 7th Circuit slams Indiana attorneys in grant of habeas petition

March 1, 2019

The 7th Circuit Court of Appeals granted a man’s habeas corpus petition — and offered harsh comments for Indiana defense attorneys — after finding ineffective assistance of counsel for a man whose attorney blatantly disregarded an opportunity to object to amended charges filed late.

COA: Insurance policy terms mean suspended driver still covered

March 1, 2019

A man whose driver’s license was suspended after crashing into a home will still receive coverage now that the Indiana Court of Appeals determined his insurer’s policy did not specifically say he could be denied coverage under its entitlement exclusion.

Social Security retirement benefits must be considered in child support, COA rules

March 1, 2019

A mother filing for child support couldn’t convince the Indiana Court of Appeals that the obligated amount her child’s father owes should be in addition to Social Security retirement benefits that he already gives the child.

Officer’s reasonable suspicion sufficient in speeding stop, justices rule

February 28, 2019

A man challenging the propriety of his traffic stop for speeding under both the United States and Indiana Constitutions failed to convince Indiana Supreme Court justices Wednesday that the officer who conducted the stop should have documented the speed. Justices ruled that the officer had reasonable suspicion to stop him.

Justices halt removal of Yorktown clerk-treasurer from office

February 28, 2019

Efforts to forcibly remove a Yorktown clerk-treasurer from her elected office faced a setback Wednesday when the Indiana Supreme Court affirmed a trial court’s decision finding the officer’s failure to keep track of town finances did not result in a general failure to perform her official duties.

7th Circuit remands Indiana civil forfeiture case

February 27, 2019

In another dispute in an Indiana civil forfeiture case, the 7th Circuit Court of Appeals has denied issuing an opinion on a district court ruling that found parts of the state statute unconstitutional, finding the lower court was not given a chance to address the state’s effort to fix the problem.

Inattentive mom’s loss of custody upheld; pauper status granted

February 27, 2019

A mother trying to further her education without a stable income lost her appeal to keep custody of her son after she twice left him unattended due to substance abuse but was granted her request to make the costs of her case a public expense.

Supreme Court rules for Alabama death row inmate

February 27, 2019

The US Supreme Court is ordering a new state court hearing to determine whether an Alabama death row inmate is so affected by dementia that he can’t be executed.

Justices grapple with statute of limitations language during oral arguments

February 22, 2019

A case involving a brownfield cleanup and a question of when a claim for recovery of costs can be brought met a skeptical Indiana Supreme Court Thursday, when the justices quizzed both sides on the meaning and implication of the state’s Environmental Legal Action statute.

Mother’s 4th Amendment rights not violated in search after son’s death

February 22, 2019

A mother convicted of the negligent death of her son has lost her argument that the search of her apartment and phone following his death was a violation of her Fourth Amendment rights.

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