Court opinions - The Indiana Lawyer

COA reverses convictions based on ineffective appellate counsel

December 8, 2014

The Indiana Court of Appeals reversed a man’s convictions of Class A felony child molesting and Class B felony sexual misconduct with a minor based on his sexual advances toward his stepdaughter when she was in junior high and high school. The judges acknowledged as a result of their decision, the stepfather won’t face any legal consequences for those actions, but the state had a duty to present sufficient evidence to support those convictions.

Clarksville Town Court judge must resign following OWI conviction in Kentucky

December 5, 2014

The Indiana Supreme Court publicly reprimanded Clarksville Town Court Judge Mickey K. Weber Friday and ordered he resign from the bench, effective Dec. 31. Weber pleaded guilty earlier this year to two charges stemming from a drunken-driving incident in Louisville, Kentucky.

7th Circuit reverses denial of benefits, blasts ALJ’s reasoning

December 5, 2014

Finding several things “wrong” with an administrative law judge’s decision denying a Fort Wayne woman’s application for Social Security Income for the years prior to her turning 55, the 7th Circuit Court of Appeals reversed and remanded for further proceedings.

Justices order adoption petitions moved to juvenile division based on local rule

December 5, 2014

The Indiana Supreme Court noted Thursday that the parties and both of the previous courts involved in an adoption matter were partly correct in their analyses as to where the petitions needed to be filed. But the Lake Superior Court, Civil Division should have transferred the petitions from its court to the juvenile division, where a local rule requires adoption petitions to be filed.

‘Disputed facts’ prevent federal judge from overturning contested abortion restrictions

December 4, 2014

Conflicting opinions from medical experts has stopped a federal judge from issuing a final summary judgment in a challenge to the Indiana statute that requires non-surgical abortion clinics to have the same equipment and adhere to the same requirements as a surgical facility.

Court erred in affirming decision new seawall must be removed

December 4, 2014

The Indiana Court of Appeals has reversed the portion of a trial court’s order that affirmed the decision by a board of zoning appeals denying a company’s request for a variance which allowed its newly completed seawall to remain intact. The judges found Caddyshack Looper LLC demonstrated that strict application of the setback requirement will result in practical difficulties.

Justices: Homes subject to tax sale from delinquent sewer fees

December 4, 2014

The Indiana Supreme Court issued two cases dealing with the same issue Thursday: whether a tax sale could be used to collect unpaid sewer bills. The justices ruled it could and reversed judgment in favor of the homeowners.

COA orders man’s birth certificate change to reflect gender

December 4, 2014

The birth certificate of a person who was born a woman but now identifies as a man and has undergone extensive medical treatment for gender transition should be changed to show he is male, the Indiana Court of Appeals ruled Thursday.

Questions exist as to whether teen furnished alcohol to other teens

December 4, 2014

The Indiana Court of Appeals reversed summary judgment in favor of a Pittsboro man in a lawsuit alleging he was liable for the death of friend because he furnished alcohol at a party. The friend died in a car accident while riding with another teen who had consumed alcohol at the party.

No advice from counsel leads to post-conviction relief

December 2, 2014

A mother’s refusal to convey her son’s threats of harm possibly saved the man from violating Indiana’s intimidation statute.

Divided panel reverses default judgment against bank

December 2, 2014

The bank that promises customers 24-hour grace overdraft protection received more than 20 days grace in an Indiana Court of Appeals ruling Tuesday.

Fired nurse’s retaliation claim reinstated

December 2, 2014

A nurse fired from a St. Joseph County clinic that treated patients with sexually transmitted diseases may go forward with a lawsuit claiming her termination was in retaliation for expressing concern that treating undiagnosed patients went beyond her scope of practice.

Statements by insurance provider do not constitute defamation, COA rules

December 1, 2014

A surgery center’s defamation claim that an insurance provider was making false statements purposefully to harm the center’s business reputation was dismissed because the communication did not allege any misconduct in business practices or trade.

Enhancement to sentence upheld by COA

November 26, 2014

Finding Indiana’s criminal gang enhancement statute can be understood by individuals of ordinary intelligence, the Indiana Court of Appeals rejected a man’s challenge to his 175-year aggregate sentence.

Allegation of conspiracy not enough to support civil conspiracy claim

November 26, 2014

A parts supplier failed to convince the Indiana Court of Appeals that a civil conspiracy claim against several co-defendants named in a breach of contract dispute can stand without showing every alleged conspirator committed an underlying unlawful act.

Appeals panel offers direction to abusive pro se litigant

November 26, 2014

The Indiana Court of Appeals has heard about enough from pro se litigant Eddie G. Love.

Man convicted of brutal beating loses appeal despite errors

November 26, 2014

A man who was convicted of the brutal beating of his stepfather lost an appeal Wednesday that argued his 2008 traumatic brain injury, prosecutorial misconduct and other factors should have reversed or mitigated his 20-year sentence.

COA reverses custody evaluation granted to grandparents

November 26, 2014

A trial court that expressed in the record reservations about the legal status of granting a visitation evaluation sought by grandparents of children in the care or another grandparent had those doubts confirmed Wednesday when the Court of Appeals reversed.

Man gets 11 years for $1M copper wire theft

November 26, 2014

A northern Indiana man who admitted to stealing $1 million worth of copper wire from a recreational vehicle plant where he worked has been sentenced to 11 years in prison.

Perjury voids conviction; COA refers prosecutor for discipline

November 24, 2014

A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action against a prosecutor.

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