Cardiologist who lost privileges loses appeal
An Indianapolis cardiologist who lost his hospital privileges lost an appeal of his lawsuit against Indiana University Health and affiliated doctors Friday.
Court opinions
Articles
COA upholds termination of mother’s parental rights
The Indiana Court of Appeals found no abuse of discretion by a trial court when it denied a mother’s request to continue her termination of parental rights hearing for several months, when she expected to be released from incarceration. The mother was unable to prove that she would definitely be out of jail at that time.
Court erred in concluding vested title severed by tax sales
The Indiana Court of Appeals ordered judgment entered in favor of two families on their claim for adverse possession over a disputed tract of land in Pulaski County. The judges found the trial court erred when it found two tax sales involving the disputed property divested the adverse holders of their title to the real property.
Man’s Indiana conviction for stealing car barred by Kentucky conviction
A man who stole a car in Vanderburgh County, fled into Kentucky and then was arrested and charged with similar crimes of auto theft and fleeing police in both states had his Indiana auto theft conviction reversed by the Court of Appeals Thursday.
Panel splits over interpretation of corrupt business influence statute
The majority on a Court of Appeals panel tossed out a man’s corrupt business influence conviction after finding his criminal activity did not pose a threat of future criminal conduct. But the dissenting judge noted the majority was inserting a new element into the Indiana statute that does not exist.
Tax Court orders more proceedings on sale of racetrack and card club
The Indiana Department of State Revenue scored a partial victory in Tax Court on Wednesday when the court granted the agency’s motion for summary judgment regarding whether I.C. 6-3-2-2.2 applied in its taxing of a portion of the gain generated by a Las Vegas-based corporation’s sale of a horse racetrack and card club to an out-of-state company. But there are issues of genuine material fact as to whether the department correctly classified Pinnacle Entertainment’s gain as business income.
Inconsistency by trial court leads to partial reversal
Because a trial court hearing a child support matter at first declined to impute the income of the stepfather to the child’s mother, but later treated their income as the same when it came to the cost of her child’s health insurance, the Indiana Court of Appeals partially reversed a Hamilton Superior Court’s 2014 ruling.
Justices: Adoption agency didn’t breach duty to couple
The Indiana Supreme Court ruled 4-1 in favor of an adoption agency that it did not have any duties with respect to the putative father registry in excess of statutory requirements. A couple who adopted a baby through the agency – only later to have her removed from their care after the biological father contested the adoption – sued the agency alleging negligence.
Injured man fails to convince COA he was mentally incompetent
A split Indiana Court of Appeals found that affidavits from an injured man’s family members as to his mental competency were not sufficient to overcome his failure to file a complaint before the statute of limitations had expired.
Death sentence reversed in 2001 slaying of Morgan deputy
The death sentence imposed on a man for the killing Morgan County Deputy Sheriff Daniel Starnes in 2001 has been reversed by the 7th Circuit Court of Appeals.
COA finds Zionsville has authority to incorporate neighboring township
Describing itself as having a “hybrid status,” Zionsville successfully argued it had the authority to reorganize with Perry Township and convinced the Indiana Court of Appeals to overturn a lower court’s order blocking its efforts to incorporate the township.
COA widens class-action suit against Lincoln National
A former policyholder’s class-action lawsuit claiming Lincoln National Life Insurance breached its contract was expanded Tuesday by a Court of Appeals ruling.
Justices reinstate med-mal suit against doctor in stillbirth
The Indiana Supreme Court reinstated a medical malpractice case against a Richmond doctor accused of failing to meet the standard of care in examining a pregnant woman whose child subsequently was stillborn.
Justices affirm stabbing conviction in evidence appeal
An Anderson man convicted of stabbing his son-in-law lost his appeal to the Indiana Supreme Court Tuesday. The man claimed the trial court wrongly excluded evidence that the victim told others that he had struck the man with a two-by-four piece of lumber before the knife attack.
Justices reject Arizona no-bail law; OK immunity in prison suicide
The Supreme Court of the United States on Monday rejected an Arizona county’s attempt to reinstate a state law that denies bail to people in the country illegally who are charged with certain crimes.
Indiana Supreme Court to review police search struck down by COA
The Indiana Supreme Court will review a drug-possession conviction reversed by the Court of Appeals in February because a police search lacked reasonable suspicion.
High court throws out conviction for Facebook threats
The Supreme Court of the United States on Monday threw out the conviction of a Pennsylvania man prosecuted for making threats on Facebook but dodged the free-speech issues that had made the case intriguing to First Amendment advocates.
SCOTUS: Bankrupt homeowners can’t void second mortgage
A unanimous Supreme Court of the United States ruled homeowners who declare Chapter 7 bankruptcy can't void a second mortgage even if the home isn't worth what they owe on the first mortgage.
Indiana justices to weigh Lake County small precinct law
The Indiana Supreme Court will hear arguments Thursday over a law that requires Lake County officials to study whether to consolidate election precincts with fewer than 500 active voters.
7th Circuit affirms solitary confinement; cautions against it
An Indiana inmate’s 30-day stint in solitary confinement at the Miami Correctional facility didn’t violate his civil rights, the 7th Circuit Court of Appeals ruled Friday. But the panel cautioned judges and prison officials against wide use of the practice.