Indiana Court decisions – Nov. 8-19, 2018
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
In labor arbitration class action, 7th Circuit asks, ‘What happens next?’
A wage and hour lawsuit that would have followed precedent became a case of first impression in the 7th Circuit Court of Appeals with a ruling that held that while employers can prohibit class action arbitration, the district court, not the arbitrator, answers the questions about what can be arbitrated.
Sua sponte review by COA leads to conviction reversal
A man convicted of trying to steal a catalytic converter got his misdemeanor overturned after the Indiana Court of Appeals reviewed the matter, sua sponte, and ruled the same evidence was the fuel for two convictions.
FBI agent’s experience enough to suggest ‘fair probability’ for drug evidence
The 7th Circuit Court has ruled that an FBI agent’s extensive experience dealing with drug-trafficking crimes was enough to establish probable cause to search a man’s home and to allow the admission at trial of the contraband found pursuant to the search.
Judge’s failure to sign commitment order splits COA
For the second time in little more than one month, the Indiana Court of Appeals has addressed the issue of the Marion Superior Court ordering civil commitments by the judge summarily approving commitment orders signed by commissioners or magistrates without signing the orders. But unlike a prior ruling, the COA on Wednesday found that issue waived, though a dissenting judge argued litigants cannot waive the issue of a judge’s failure to perform a statutory duty.
Appeals court orders return of $60K in seized cash
The Indiana Court of Appeals has ordered the return of more than $60,000 in cash seized by an Indianapolis detective who was checking packages at a parcel-shipping company. The same detective’s prior seizure of cash in a similar manner set the precedent in a 2017 case that such searches are unlawful.
Stepdad who exposed self to teen loses indecency appeal
A northern Indiana man who exposed himself to his stepdaughter’s teenage friend has lost his appeal of his public indecency conviction and sentence, with the Indiana Court of Appeals finding sufficient evidence and the man’s criminal history supported the trial court’s decisions.
Molesting conviction vacated under continuous-crime doctrine
The Indiana Court of Appeals reversed one of a man’s two convictions for child molesting when it found that because both occurred during a single “transaction,” it should be vacated under the continuous-crime doctrine.
Discrimination, retaliation claims fail in 7th Circuit termination case
The 7th Circuit Court of Appeals has affirmed a district court’s denial of a woman’s discrimination and retaliation claims against her prior employer, finding insufficient evidence to support her claim that she was terminated for taking medical leave.
Ex-Lawrenceburg policeman loses 7th Circuit appeal over firing
The 7th Circuit Court of Appeals has upheld a federal court ruling for the city of Lawrenceburg in its firing of a criminally charged police officer, who claimed his termination implicated his First Amendment rights because it came after he complained about the mayor and purported wrongdoing by city officials.
Despite testimony discrepancies, delinquency affirmed
The Indiana Court of Appeals affirmed a child’s delinquency adjudication, finding there was sufficient evidence to prove he was in possession of a firearm while fleeing police.
COA finds miscalculation in divorce pension division
A seven-year-old divorce case is returning to the trial court after the Indiana Court of Appeals found the division of the husband’s pension and the monthly rehabilitative maintenance needed to be recalculated.
COA: Sisters’ estate tort claims against brother may proceed
The Indiana Court of Appeals affirmed the denial of a son’s motion to dismiss when it found his sisters’ tort claims against him arising from a dispute over inheritance could move forward in the trial court.
Admitted evidence won’t be suppressed in OWI case, COA affirms
The Indiana Court of Appeals affirmed the denial of a Columbus woman’s motion to suppress evidence admitted related to her driving while intoxicated charges.
Attorney convicted of cocaine charge suspended 3 years
A Marion attorney already under interim and administrative suspensions has been suspended from the practice of law for at least three years for professional misconduct, including her continual abuse of cocaine.
Judge: Indy deputy used excessive force ‘sadistically and maliciously’
A Marion County sheriff’s deputy used excessive force against a former jail inmate “sadistically and maliciously,” a federal judge determined, ruling in favor of the inmate and ordering a determination of damages he is owed.
Judge: Race, age discrimination claims against Amazon may proceed
An age and race discrimination case against online shopping giant Amazon will proceed after a district judge in Indianapolis partially declined to dismiss claims brought by a former employee.
7th Circuit affirms sanctions in Indy photo copyright dispute
The 7th Circuit Court of Appeals has affirmed the imposition of sanctions against an attorney for filing a frivolous and misleading motion against another attorney who claims his copyrighted photo of the Indianapolis skyline was used without permission by the defendant’s client.
COA upholds grant of treble damages, denial of liability
The Indiana Court of Appeals has affirmed the award of more than $56,000 in treble damages to a senior woman deprived of a written contract by a remodeling company while also finding the men who owned the company conducting the work were not personally liable to her.
Man’s misdemeanor resisting conviction overturned under continuous crime doctrine
The Indiana Court of Appeals has partially reversed a man’s two convictions for resisting law enforcement after finding both of the convictions cannot stand under the continuous crime doctrine.