Widow wrongly denied hearing challenging late spouse’s will
A long-married Terre Haute woman who received just a small portion from her husband’s will when he died was wrongly denied her day in court, the Indiana Court of Appeals ruled Wednesday.
Court opinions
Articles
First impression: Court may consider facilitated communication
The Indiana Court of Appeals in an issue of first impression Wednesday affirmed a trial court ruling that allowed a disabled minor to testify in a civil trial using facilitated communication.
District court must vacate convictions, sentences on child porn conspiracy charges
A federal judge in Indianapolis must vacate two men’s convictions and sentences on charges of conspiracy to distribute child pornography and to sexually exploit a child after the 7th Circuit Court of Appeals determined those convictions should have been merged with a child-exploitation enterprise conviction.
7th Circuit: Ex-owner did not breach noncompete clause by assisting distributor
The 7th Circuit Court of Appeals has settled a dispute between two competing companies previously owned by the same man, finding the former owner did not breach the noncompete clause by providing assistance to one of the companies.
7th Circuit orders resentencing on drug conviction after finding no speedy trial violation
A Bloomington man convicted of a drug charge after his attempt to rob a purported drug stash house will be resentenced on that charge after the 7th Circuit Court of Appeals ruled the government didn’t prove the drug quantity it attributed to him.
Woman who started fight outside bar responsible for victim’s medical bills
A Chicago woman who got kicked out of a bar and instigated a confrontation with a bouncer must pay for the medical bills the man sustained as a result of being attacked by her friends, the Indiana Court of Appeals ruled Tuesday.
Summary judgment affirmed for machine rental company in negligence case
A machine rental company did not owe a duty to train or offer to train a man who later died while using the boom lift on how to use the equipment and, thus, was entitled to summary judgment on a negligence claim brought by his estate, the Indiana Court of Appeals has ruled.
7th Circuit affirms summary judgment for INDOT on ADA discrimination claim
A former employee of the Indiana Department of Transportation failed to prove he was fired due to his post-traumatic stress disorder diagnosis, so a district court judge properly granted INDOT summary judgment on the employee’s discrimination claims, the 7th Circuit Court of Appeals determined Monday.
COA: Habitual substance offender enhancement illegal on non-substance-related conviction
A man convicted of attempted residential entry will get a new sentence after the Indiana Court of Appeals determined the trial court erroneously imposed a habitual substance offender enhancement on a non-substance-related conviction.
Class action granted in Pulaski courthouse ADA suit
A federal judge has certified a class action in an Americans With Disabilities Act lawsuit alleging the Pulaski County courthouse in Winamac is not accessible to people with disabilities.
Court upholds jury verdict for 8 fired Anderson workers
Eight fired city of Anderson employees who won a $731,994 damages award after a jury trial successfully rebuffed the former mayor’s request for judgment overturning the verdict or a new trial.
COA affirms 20-year sentence for man convicted of firearm, drug felonies
The Indiana Court of Appeals has affirmed a 20-year sentence imposed on a man convicted of illegally possessing a firearm and driving children in car while under the influence of various drugs, finding the trial court did not abuse its discretion in considering aggravators and that the sentence is not inappropriate.
Patent dispute between RV suppliers returns to court
A pair of suppliers to the recreational vehicle industry are headed back to court after the U.S. Court of Appeals for the Federal Circuit revived the infringement claims made after a patented two-part seal was discovered on an RV in an Elkhart County, Indiana, factory.
Delinquent findings against twins affirmed under ‘new-crime’ rule
Two teenage brothers who each attacked police officers trying to conduct pat-down searches were properly found to be delinquent for their acts under the new-crime exception to the exclusionary rule, the Indiana Court of Appeals ruled Friday.
COA remands landlord-tenant dispute due to ‘informal’ proceedings
After concluding an Indiana trial court conducted a small claims landlord-tenant dispute too informally without considering testimony or evidence, the Indiana Court of Appeals has remanded the case for a “proper” evidentiary hearing.
Appellate court vacates battery conviction on double jeopardy grounds
Although a man’s battery of his ex-wife resulted in injury to two different people, the Indiana Court of Appeals has vacated one of the man’s battery convictions on double jeopardy grounds.
Supreme Court: Officers had probable cause to detain man
Grant County law enforcement officials had probable cause to believe a Chicago man was in possession of a narcotic drug when they detained him and transported him to a police station, the Indiana Supreme Court held Thursday in an opinion affirming the man’s felony drug conviction.
COA: Officer’s stop of car for expired plate ‘reasonable’
An Indianapolis police officer who initiated a traffic stop that led to the arrest of a passenger in the stopped vehicle did not violate the man’s constitutional rights, the Indiana Court of Appeals ruled Thursday, because the officer reasonably believed the vehicle had an expired license plate and registration.
Doctor must face civil trial in 2013 Lake County Jail death
A physician must face trial on a federal lawsuit alleging he was deliberately indifferent to the physical and mental illnesses of a man who died in 2013 after spending nearly four months in the Lake County Jail awaiting trial.
COA reverses summary judgment for aviation company
The Indiana Court of Appeals has reversed summary judgment for a Porter County aviation company after finding issues of fact exist as to whether the company breached its duty of care to a woman injured on its property.