Agreement means what it says, COA rules
While the Indiana Court of Appeals conceded the severance agreement was “not a model of precision,” it disagreed with a trial court’s conclusion that the agreement contained a mistake.
Court opinions
Articles
Molestation charge dropped against committed incompetent defendant
A child molestation charge must be dropped against an incompetent defendant who’s been in psychiatric hospitals longer than he could have been imprisoned had he been convicted, the Indiana Court of Appeals ruled Friday.
7th Circuit divided over appeal from death row inmate
A split 7th Circuit Court of Appeals denied an inmate on Indiana’s death row a chance for a new trial, finding the exclusion of a witness’s videotaped interview which could have possibly exonerated him was inadmissible as hearsay.
Toyota dealership relocation to Fishers divides appeals court
Whether three competing greater Indianapolis Toyota dealers may block the relocation of another Toyota franchise from Anderson to Fishers divided a panel of the Indiana Court of Appeals Thursday.
Divided COA panel reverses modification of support
A judge who ordered a modification of child support after a father told the court he was moving out of state and intended to seek custody of a minor child acted prematurely, a Court of Appeals panel majority ruled Thursday.
In estate case, Tax Court upholds ruling against state
A probate court ruled correctly when it denied the state’s argument that distributions to heirs from a trust established in 2008 should have been subject to Indiana’s estate tax, which has since been abolished.
Class-action members did not show illnesses were caused by same meals
Although several Alpha Kappa Alpha Sorority Inc. members who visited Indianapolis in 2013 all reported symptoms much like those caused by food poisoning, the Indiana Court of Appeals denied class certification, ruling the individuals did not specifically link their illnesses to the chicken served at lunch and dinner.
Trial court erred in denying dad custody vs. contemptuous mom
The Indiana Court of Appeals bluntly reversed denial of a father’s petition for primary custody of his children, finding their mother undermined him and deprived him of court-ordered visitation.
Officer’s ‘Where’s the gun?’ question properly admitted in shooter’s trial
A suspect who fled the scene of a Lafayette shooting and later was found with ammunition in his shirt pocket was not prejudiced when a police officer asked, “Where’s the gun?”
Estate battle remanded to trial court to determine timeliness
An heir was successful in asserting he had a claim to his father’s estate but has more work to convince the courts he filed his claim in a timely manner.
Wiretap and defamation claims against South Bend councilman allowed to move forward
Overturning the trial court’s dismissal, the Indiana Court of Appeals is allowing the complaint claiming a South Bend city councilman violated the federal wiretap act and committed defamation to proceed.
Reversal: Insurer’s acceptance of payment reinstated policy
A Porter County man won his argument that his insurer’s acceptance of a late payment kept his homeowners coverage in force, after which a garage fire caused damage exceeding $80,000. Now, the insurer also may have to pay bad-faith and punitive damages.
Uncertain of meth’s status, COA tosses syringe conviction
A man who was convicted of two felonies for injecting himself with methamphetamine should not have been convicted of unlawful possession of a syringe, because it’s unclear whether meth qualifies as a legend drug, a Court of Appeals panel ruled Tuesday.
Judge’s description not impermissible judicial testimony
A Marion County judge who described the testimony to jurors as “heartfelt” did not overstep the prohibition against the judiciary acting as a witness.
7th Circuit blasts Evansville flash bang search, notes racial factor
Evansville police “committed too many mistakes to pass the test of reasonableness” in a bungled home search and are not shielded from a federal excessive force lawsuit, the 7th Circuit Court of Appeals ruled Friday.
Denial of disability benefits remanded for better explanation
A rejection of a claimant’s application for disability is being remanded after the 7th Circuit Court of Appeals found the “abstruse signals” in the denial did not sufficiently explain the reasons for disregarding new evidence.
Victim’s statements were dying declaration, COA rules
The Indiana Court of Appeals rejected the argument that the victim, who was shot multiple times and eventually did die, could not have made a dying declaration because paramedics repeatedly told him he would live.
No evidence of officer’s injury voids restitution order
An Indianapolis trial court abused its discretion by ordering a man convicted in a physical altercation with police to pay more than $27,000 in restitution despite a lack of evidence he caused injuries that resulted in those medical bills.
Insurer off hook in Indy strip club shooting
A company that insured a westside Indianapolis strip club has no coverage duty for a patron who was shot in the face after an altercation outside the club three years ago, a federal judge has ruled.
Justices reinstate grandparent visitation COA deemed excessive
The Indiana Supreme Court Thursday reinstated a trial court’s grandparent visitation order that included monthly overnight visits and other visitation that the Court of Appeals ruled was excessive.