Indiana Court decisions – June 7-20, 2018
Read Indiana appellate decisions from the most recent reporting period.
Court opinions
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Supreme Court rules for American Express in credit card case
The Supreme Court is leaving in place a ruling for American Express in a lawsuit over rules it imposes on merchants who accept its cards.
Justices: Motel room used for sting operation was not ‘place of detention’
The Indiana Supreme Court has upheld the admission of incriminating statements made in a motel room during an undercover drug investigation after finding the motel room was not a “place of detention” requiring an electronic record of the statements. The court also created a test for analyzing whether a location can be considered a “place of detention” under Indiana Evidence Rule 617.
7th Circuit affirms drug dealer’s life sentence
The 7th Circuit Court of Appeals ruled in favor of the United States on Wednesday, affirming a man’s conviction and life sentence for buying and selling large amounts of narcotics.
7th Circuit upholds denial of fraud on the court, attorney sanctions
The 7th Circuit Court of Appeals has upheld the denial of an Indiana’s man motion alleging fraud on the court and affirmed sanctions against his attorney, finding the district court did not err when making either ruling.
Justices reverse NIPSCO rate increase, limit hikes for nonspecific projects
A utility rate increase to fund nearly $20 million of improvements for a northern Indiana power utility was struck down by the Indiana Supreme Court on Wednesday in a ruling the court said “will likely have enormous financial consequences for utilities and their customers.”
Supreme Court reverses judgment for man’s estate on uninsured driver claim
The Indiana Supreme Court reversed a trial court ruling in favor of a Goshen man’s estate seeking recovery of damages under the uninsured motorist policy held by his employer. The Indiana Court of Appeals also had ruled in favor of the estate of a man hit and killed by a passing driver while mowing his lawn.
Justices: ‘Compromise Chapter’ does not apply to pre-mortem estate agreements
A portion of Indiana code dealing with disagreements arising from the process of probating a will and administering an estate cannot be read to allow for the enforcement of pre-mortem family settlement agreements, a majority of the Indiana Surpeme Court has ruled.
SCOTUS agrees to hear Indiana civil forfeiture challenge
A lawsuit challenging Indiana’s civil forfeiture procedures will be heard by the United States Supreme Court after the justices granted a writ of certiorari to a case that a national legal organization says will have significant implications on Eighth Amendment protections nationwide.
COA affirms 20-year sentence for robbery in fatal drug deal
A man who set up his childhood friend in a “drug deal gone bad” and was sentenced to 20 years for his conviction of Level 2 felony robbery got no relief Monday from the Indiana Court of Appeals.
COA discourages interlocutory appeals of CHINS status changes
The Indiana Court of Appeals affirmed on interlocutory appeal a change the permanency plan for two children from reunification to termination of parental rights while also cautioning that such trial court rulings are “generally not suitable for interlocutory review.”
Insufficient evidence claim rejected on appeal in molestation case
A former Indianapolis pre-kindergarten teacher could not convince a panel of the Indiana Court of Appeals that evidence aside from his confession in his criminal case was insufficient to support his conviction of Level 1 felony child molesting.
Justices: No definitive ruling on partisan districts
The U.S. Supreme Court is resolving partisan redistricting cases from Wisconsin and Maryland without ruling on the broader issue of whether electoral maps can give an unfair advantage to a political party.
COA upholds conviction against uncle who molested nephew
The Indiana Court of Appeals has upheld a felony conviction against a Ripley County man convicted of molesting his 12-year-old nephew.
COA: ‘Not advisable’ to file simultaneous motions to correct error, notices of appeal
The Indiana Court of Appeals has reaffirmed a March decision that overturned summary judgment for a national motor company after granting a petition for rehearing to address the allegedly common practice of parties simultaneously filing motions to correct error and notices of appeal.
Lack of inmate program recommendation no issue on appeal, COA rules
A man sentenced to six years in prison for battering his father lost his argument on appeal that the trial court failed to recommend him for participation in a substance abuse treatment program. Placement in such programs are left to the discretion of the Department of Correction, the court noted.
Supreme Court allows Ohio, other state voter purges
States can target people who haven’t cast ballots in a while in efforts to purge their voting rolls, the Supreme Court ruled Monday in a case that has drawn wide attention amid stark partisan divisions and the approach of the 2018 elections.
Court erred in denying mother visitation with child under guardianship
A Madison County court wrongly refused to hear a mother’s petition for visitation with her child who is subject to a guardianship, the Indiana Court of Appeals ruled Monday.
COA allows construction project to continue in historic district
Construction of a parking lot and retail center in a historic preservation district will continue despite objections from homeowners in the area after the Indiana Court of Appeals upheld a ruling from the Indianapolis Historic Preservation Commission.
Horse Racing Commission must pay horsemen $56K in legal fees
A judge has ordered the state agency that regulates horse racing to pay the legal fees of an owner who successfully challenged an administrative rule restricting racehorses’ ability to compete outside Indiana. Judge William T. Lawrence of the U.S. District Court for the Southern District of Indiana on Monday ordered the Indiana Horse Racing Commission to pay $56,365 in attorney fees and costs to plaintiffs who won a ruling last year overturning a commission regulation.