Indiana Court Decisions: July 13-26, 2023
Read Indiana appellate court decisions for the most recent reporting period.
Court opinions
Articles
Medical resident qualifies as expert, COA affirms in upholding involuntary commitment
A hospital psychiatry resident had enough training, experience and interactions with a mentally ill woman to be considered an expert when she testified at the woman’s commitment hearing, the Court of Appeals of Indiana affirmed Tuesday.
Opinions Aug. 1, 2023
Court of Appeals of Indiana
In the Matter of the Civil Commitment of: K.K. v. Community Health Network, Inc.
23A-MH-114
Mental health. Affirms K.K.’s involuntary commitment to Community Health Network Inc. Finds the Marion Superior Court did not err in determining that K.K.’s doctor met the qualifications for an expert. Also finds there is sufficient evidence to support the involuntary commitment.
ACLU of Indiana files petition for rehearing after IN Supreme Court lifts injunction against near-total abortion ban
Just one day before Indiana’s near-total abortion ban was supposed to take effect for the second time, the ACLU of Indiana filed a petition for rehearing asking the Indiana Supreme Court to allow a preliminary injunction to remain in effect.
Opinions July 31, 2023
Court of Appeals of Indiana
Michael O. Cain and Linda A. Raymond et al. v. William J. Huff II Revocable Trust Declaration Dated June 28, 2011, and Nicole E. Huff Revocable Trust Declaration, Dated June 28, 2011
22A-PL-1258
Civil plenary. Affirms partial summary judgment from Monroe Circuit Court for William and Nicole Huff. Finds the Huffs are entitled only to the declaratory judgment and clarifies that the scope of the trial court’s partial summary judgment. Remands the case for further proceedings.
COA affirms order for patients to remove non-evidentiary allegations from evidentiary submissions in med-mal case
Non-evidentiary allegations were properly struck from evidentiary submissions in a medical malpractice case, the Court of Appeals of Indiana has affirmed.
Opinions July 28, 2023
Court of Appeals of Indiana
Richard Bojko, Patricia Gadzala, Katie Greenberg, Vernita Johnson-Macklin, Kurt Claussen, and Rachel Richardson v. Anonymous Physician and Anonymous Medical Practice, and Amy Beard, Commissioner of the Indiana Department of Insurance and G. Anthony Bertig, as Chairman of the Medical Review Panels
23A-CT-185
Civil tort. Affirms the Lake Superior Court’s grant of the petition filed by an anonymous physician and an anonymous medical practice asking the court to order plaintiffs Richard Bojko, Patricia Gadzala, Katie Greenberg, Vernita Johnson-Macklin, Kurt Claussen and Rachel Richardson to remove non-evidentiary allegations from their submissions to a medical review panel. Finds the trial court had subject-matter jurisdiction to grant the petition.
With affirmative action out, North Carolina’s flagship school bars use of race, sex in admissions
The board of North Carolina’s flagship public university has voted to strictly bar the use of “race, sex, color or ethnicity” in admissions and hiring decisions.
Amish men who told woman to rescind protective order against husband lose appeal of intimidation convictions
The convictions of three men in an Amish community on misdemeanor intimidation charges were not barred by the church autonomy doctrine and were supported by sufficient evidence, the Court of Appeals of Indiana affirmed Thursday.
Opinions July 27, 2023
Court of Appeals of Indiana
Jason Walden v. State of Indiana
22A-CR-2363
Criminal. Affirms Jason Walden’s convictions of three counts of Level 1 felony child molesting and two counts of Level 4 felony child molesting but reverses his aggregate 102-year sentence. Finds the Clinton Circuit Court did not abuse its discretion when it replayed the victim’s entire testimony in response to a jury question. Also finds the trial court’s consideration of Walden’s prior acquittals was improper. Remands for resentencing. Judge Cale Bradford concurs in part and dissents in part with separate opinion.
COA affirms 5 child molesting felonies but splits in reversing 102-year sentence
A man’s convictions on five felony counts of child molesting will stand, the Court of Appeals of Indiana affirmed Thursday, but the court reversed a 102-year sentence and remanded for resentencing.
Indiana lawmakers could further dilute state wetlands protections following SCOTUS decision
A U.S. Supreme Court ruling from earlier this year will effectively remove federal protections for most of Indiana’s wetlands — and enable Hoosier lawmakers to repeal already-weakened state protections for those areas.
Judge’s statements fell ‘woefully short’ of expected conduct, COA rules in ordering new judge
A Putman County judge’s comments that included profanity and negative connotations about women fell “woefully short” of the expected conduct for judicial officers, the Court of Appeals of Indiana has ruled in reversing a denial to correct error.
Opinions July 26, 2023
Court of Appeals of Indiana
Mallory Stout v. Tanner Knotts
22A-PL-1216
Civil plenary. Reverses the Putnam Circuit Court’s denial of Mallory Stout’s motion to correct error. Finds the trial court erroneously denied Stout’s motion to correct error and failed to recuse. Remands for further proceedings, including the assignment of a new judge.
COA affirms denial of motion to suppress evidence after man found with gun while walking along I-465
A man charged with unlawful possession of a firearm after being stopped while walking along the interstate failed to convince the Court of Appeals of Indiana that the stop and seizure of his gun violated his constitutional rights.
Judge blocks limits on asylum at US-Mexico border but gives Biden administration time to appeal
A federal judge on Tuesday blocked a rule that allows immigration authorities to deny asylum to migrants who arrive at the U.S.-Mexico border without first applying online or seeking protection in a country they passed through.
Opinions July 25, 2023
Court of Appeals of Indiana
Melinda Crowe v. Chris Allen Drenter
22A-CT-2815
Civil tort. Reverses the Jefferson Circuit Court’s preliminary injunction ordering that Melinda Crowe not use an easement to access the property where she resides. Finds Chris Drenter has not met his burden of showing a reasonable likelihood of success at trial as to the allegations in his complaint for trespass. Also finds that Crowe may not unreasonably interfere with Drenter’s use of the easement.
COA reverses preliminary injunction in dispute between neighbors over easement
The Court of Appeals of Indiana has reversed the grant of a preliminary injunction to a southern Indiana property owner who claimed his neighbor was “hostile” in blocking an easement on his property.
Man convicted of murder as teen whose sentence was already slashed loses bid for further reduction
A man convicted as a teenager of murder whose sentence has already been reduced from 141 years to 88 years has failed in his most recent bid to obtain another sentence reduction.
Elanco nets win on appeal of dismissal of illegal advertising case
An Illinois animal hospital that sued Indiana-based animal health company Elanco for allegedly illegal advertising practices could not convince the 7th Circuit Court of Appeals that two faxes it received from Elanco violated federal advertising law.