Reversal: BMV must report driver’s expunged OWI conviction
A trial court erred in prohibiting the Bureau of Motor Vehicles from reporting the operating while intoxicated conviction of a driver who had his criminal record expunged.
Court opinions
Articles
COA reaffirms reversal of molest convictions for vouching
The Indiana Court of Appeals clarified its position on rehearing Wednesday in the reversal of child molesting convictions that the state “vigorously argues” were erroneously ruled reversible error.
Reversal: Care facility must pay legal fees after $1M negligence verdict
An assisted-living facility where a resident died after being badly burned must pay the estate’s attorney fees, the Indiana Court of Appeals ruled Wednesday in reversing a trial court.
South Bend man wins partial reversal of sewer nuisance suit
A man who sued South Bend claiming that noxious gas from city sewer lines had been forced into his home may proceed with part of his lawsuit against the city.
COA upholds decision to deny Edinburgh tax deed
A trial court did not err when it entered an order denying the town of Edinburgh’s request for the issuance of a tax deed and granting the landowner equitable relief, the Indiana Court of Appeals held Tuesday.
Split court reverses dismissal of complaint against probation officers
The Indiana Supreme Court decided 3-2 Tuesday to reverse the dismissal of a man’s claims arising out of his incarceration for a probation violation that allegedly occurred after his term of probation had expired.
Appeals court concerned about fee-shifting provisions in domestic relations cases
The Indiana Court of Appeals affirmed a trial court’s decision to not award a mother attorney fees despite the inclusion of a fee-shifting provision in her divorce settlement. In doing so, the appeals court pointed out how these provisions may go against public policy.
COA rules in contentious attorney fees case
The Indiana Court of Appeals had harsh words for the three lawyers involved in a protracted, unprofessional legal battle over attorney fees owed in a breach of contract lawsuit against Lake Station, Indiana.
7th Circuit orders new resentencing hearing
A man who appealed the parts of his Section 2255 proceeding that were denied, as well as his new criminal judgment entered on rehearing, will be getting a new sentencing hearing, the 7th Circuit Court of Appeals determined Monday.
COA: Breath test properly admitted
A man convicted of drunken-driving failed to convince the Indiana Court of Appeals that the state did not prove that the chemicals used in his breath test equipment were certified under Indiana administrative rules.
Judge believes restitution order properly entered
An Indiana Court of Appeals judge dissented from his colleagues Monday in a case in which the majority reversed the court-ordered $3,600 in restitution for a coin sale that turned out to be fraudulent. The dissenting judge also raised public policy concerns about requiring victims to appear at sentencing hearings.
7th Circuit divided over injunction in defamation case
The 7th Circuit Court of Appeals Friday found an injunction issued in a case involving religious artifacts and defamation claims was entirely too broad and threatened to silence the defendants completely. But the judges were split over whether the district court should be able to modify the injunction.
Monarch Beverage again fails in liquor distribution suit
Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.
COA strikes sentence about laughing jurors in footnote
That jurors laughed at times during a handwriting expert’s testimony in a case contesting probate of a will has been removed from the official court opinion. The Court of Appeals made the move in a rehearing opinion issued Wednesday.
Justices affirm ruling for school in fired principal’s suit
An elementary school principal whose administrator’s contract was canceled after school officials learned of his affair with a teacher received constitutional due process in his termination proceedings, the Indiana Supreme Court affirmed Tuesday.
ALJ correct in finding nurses, phlebotomists are employees
The Indiana Court of Appeals affirmed an administrative law judge’s decision that certain workers were employees of a consulting business, and so the company was liable for additional unemployment taxes.
Indiana’s cold beer prohibition survives rational-basis review
Finding retailers did not meet their burden in attempting to overturn one of Indiana’s quirky alcohol laws, the 7th Circuit Court of Appeals ruled the state’s limits on the sale of cold beer is not unconstitutional.
Fraud claims against insurers wrongly dismissed
Plaintiffs who purchased cash-value life insurance policies for their employees and deducted those contributions on income taxes that were later disallowed were wrongly denied their day in court against the insurers.
‘Inference of discriminatory motive’ in striking juror not reversible error
The Indiana Court of Appeals noted one of a prosecutor’s reasons for striking a prospective juror in a criminal case “raises an inference of discriminatory motive,” but this was insufficient to reverse a man’s felony resisting law enforcement conviction.
7th Circuit upholds Indiana’s cold beer law
Cold beer will continue to be sold only by licensed liquor stores in Indiana. The 7th Circuit Court of Appeals has upheld state law that prohibits convenience stores, gas stations and other retailers from selling beer cold.