Court prevents mother from relocating to Hawaii with daughter
The Indiana Court of Appeals agreed with a trial court Wednesday that it is not in the best interests of a child to move to Hawaii with her mother and stepfather.
Court opinions
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7th Circuit rules for city on discrimination claims brought by black officers, firefighters
The 7th Circuit Court of Appeals has affirmed summary judgment for the City of Indianapolis in two lawsuits brought by dozens of black police officers and firefighters over the examination process used by the city for promotions.
Ruling prevents county from subrogating damages after courthouse fire
The Indiana Court of Appeals Tuesday adopted the “majority approach” in a waiver of subrogation issue and concluded a southern Indiana county waived its right to subrogate any and all claims covered by its property insurance. Jefferson County sued contractors after its courthouse caught fire during renovations in 2009.
Judges order injunction against enforcement of permit policy
A man who wanted to protest a proposed United Nations arms treaty on Indianapolis’ Monument Circle in 2012 but was kicked off the property because of a lack of permit was victorious in the 7th Circuit Court of Appeals Tuesday.
COA affirms disability benefit for injured officer
Noting that the statute is ambiguous, the Indiana Court of Appeals found the Indiana Public Retirement System’s longtime use of a formula to calculate the disability benefits of a police officer shot while in the line of duty to be reasonable.
Evidence supports CHINS finding, COA affirms
Based on evidence that a mother continued to have extensive problems with drugs and violent relationships with her children’s fathers, the Indiana Court of Appeals affirmed the determination that a woman’s two young children were children in need of services.
Judges reduce restitution award stemming from correctional officer attack
A partial permanent impairment settlement cannot be considered by a trial court when imposing restitution, the Indiana Court of Appeals held Tuesday.
7th Circuit: Man’s offense level for selling gun was properly increased
The 7th Circuit Court of Appeals Monday affirmed the 60-month sentence imposed on a convicted felon prohibited from possessing a gun who sold the weapon to a man who was also prohibited from possessing a gun. The judges held that the District Court properly increased Darnell Jackson’s offense level because he committed separate offenses.
Court affirms CHINS finding of child abandoned by parents
The Indiana Court of Appeals rejected arguments by parents that their son should have been found to be a child in need of services under Indiana Code 31-34-1-6 because he substantially endangers his own health or the health of his family members. The appellate judges affirmed the CHINS finding under I.C. 31-34-1-1 that the parents had abandoned the child once he was placed in an emergency shelter.
Court affirms 86-year-old uncle could consent to search
The 7th Circuit Court of Appeals rejected a defendant’s argument that his elderly uncle was a confused old man who was out of touch with reality and, therefore, unable to consent to a search of his home when police showed up looking to serve an arrest warrant. The search led to the arrest of the grandson on drug and weapons charges.
Arguments rejected in juvenile molestation appeal
An 11-year-old boy adjudicated delinquent for acts that would be Class B and Class C felony child molesting if committed by an adult failed to persuade a Court of Appeals panel Friday that statutes as applied to him are unconstitutionally vague and the evidence didn’t support a true finding.
7th Circuit vacates child porn supervised-release condition
The 7th Circuit Court of Appeals vacated a sentence for possession of child pornography Thursday that it ruled imposed an unconstitutionally vague condition of supervised release. The court affirmed, in the case, convictions of attempting to distribute heroin and illegal possession of a firearm.
Man will receive surplus on sheriff’s sale credit bid
The Indiana Court of Appeals awarded a Grant County man nearly $375 after finding a surplus was owed to him when his property sold at a sheriff’s sale for more than what was calculated by the trial court based on an agreed judgment between the man and the bank.
Judges rule in favor of daughter in payment dispute with nursing facility
A woman who signed a move-in agreement at a skilled nursing facility as a “responsible party/agent” for her mother was able to prove to the Indiana Court of Appeals she should not be liable for money owed by her mother for care while at the facility.
Judges affirm denial of credit time for man on electronic monitoring
After evaluating the statutory provisions concerning sentencing, electronic monitoring and deferral programs, the Indiana Court of Appeals ruled it was within the trial court’s discretion to deny a man credit time toward his sentence for time he spent on electronic monitoring while participating in a drug court program.
COA split over whether damages are punitive
The Indiana Court of Appeals released a divided opinion Wednesday on the issue of whether damages awarded under the Indiana Sales Representative Act are punitive in nature. The majority affirmed the trial court’s ruling that damages awarded under the Act would be subject to the evidentiary standard, limitation and diversion provisions of Indiana’s punitive damages statute.
COA finds attorney was not ineffective
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”
Trial court erred in disregarding psychiatrists’ unanimous finding
A woman who brutally attacked her boyfriend’s minor child had her conviction overturned by the Indiana Court of Appeals on the grounds that the trial court did not have enough evidence to contradict the psychiatrists’ reports and find her guilty but mentally ill.
Nicknames properly admitted in sex with minor convictions
Nicknames and aliases a defendant used were relevant to the charges he faced, the Court of Appeals ruled Tuesday in affirming felony convictions of sexual misconduct with a minor.
Raccoon hunter cleared of conviction for fetching wayward dog
A raccoon hunter’s misdemeanor conviction was reversed Tuesday when appellate judges determined he wasn’t hunting or chasing wildlife when he retrieved his wandering dog from property where he didn’t have permission to hunt.