Kraft prevails in Cracker Barrel fight
Not coming soon to a grocery store near you: food products from Cracker Barrel Old Country Store restaurants.
Court opinions
Articles
COA: Food odors don’t support granting preliminary injunctive relief
In a dispute over smells from a produce business drifting into neighboring businesses, the Indiana Court of Appeals affirmed that the manager of the shopping plaza is not entitled to preliminary injunctive relief for cooking foods without proper ventilation.
Injured woman’s insurance policy provisions are in direct conflict
The Indiana Court of Appeals Thursday agreed with a couple that their auto insurance policy is ambiguous because the two-year contractual limitation provision conflicts with another provision requiring full compliance with the contract.
Partially bifurcating trial prevented prejudice
A defendant’s argument that he was prejudiced by a trial court’s decision to not fully bifurcate his murder trial failed in the Indiana Supreme Court.
Justices affirm dismissal of Logansport power plant suit
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
Possible improper use of risk assessment in sentencing not enough for remand
A man convicted of child molesting and incest will not get a chance to have his 99-year sentence reduced. The Indiana Court of Appeals ruled Wednesday that even though the trial court may have abused its discretion, the sentence was not inappropriate.
Justices affirm rejection of tendered jury instruction
Judges have wide discretion regarding when and whether to use tendered jury instructions, the Indiana Supreme Court ruled in affirming the conviction of a criminal defendant whose proffered instructions on defense of another were rejected.
Drug-dog sniff after traffic stop was rightly suppressed
A southern Indiana trial court rightly suppressed drug evidence gathered after a police drug-sniffing dog indicated the presence of meth in a van after a traffic stop.
Increased bail is abuse of discretion, panel rules
A trial court abused its discretion when it raised a defendant’s bail in a meth possession case, the Indiana Court of Appeals ruled Wednesday.
COA rules preliminary injunction wrongly extended noncompete agreement
In reviewing a dispute over the terms of a noncompete agreement, the Indiana Court of Appeals reminded the trial court that a preliminary injunction has limits.
Justices reject Spierer-obsessed man’s appeal of gun confiscation
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
COA reverses summary judgment in complaint to recover credit card debt
Finding a company did not satisfy its burden of proof under Indiana Trial Rule 56(C) when attempting to collect on a breach of a credit card contract, the Indiana Court of Appeals on Friday reversed summary judgment in the case.
Judges uphold 54-year sentence of man who asked women to take pics of kids
The Indiana Court of Appeals rejected a man’s argument Friday that he couldn’t be convicted of Class A felony child molesting under the accessory statute because the perpetrator was under 21 at the time of the molestations.
COA holds law firms are judgment creditors, owe restitution
In a dispute over whether two law firms should have to repay money from a judgment they received by way of attorney liens, the Indiana Court of Appeals held that the law firms are judgment creditors, so they are liable to pay restitution to the state of Indiana.
COA rejects claim overhaul of Criminal Code shows Class A felonies disproportionate
A defendant attempted to persuade the Indiana Court of Appeals that the Class A felony classifications for dealing or possession of cocaine are disproportionate by pointing to the recent revisions to the Criminal Code. The new criminal classifications and sentencing structure that take effect next year no longer include these crimes in the highest level of felonies.
Woman’s 35-year sentence upheld following death of stepson
A Lake Superior judge did not abuse her discretion in sentencing a woman to 35 years for neglect of a dependent after the woman’s stepson died following years of abuse.
Unemployment checks no longer part of summer break, COA rules
Finding that an addition to the state’s statute did not change the intent of the law, the Indiana Court of Appeals ruled that school bus drivers in Anderson were rightly denied their unemployment checks.
Court of Appeals cites snail mail as reason for overturning summary judgment
While neither snow nor rain nor heat nor gloom of night will keep the U.S. Postal Service from its appointed rounds, the Indiana Court of Appeals reminded a lower court that trial rules allow for three extra days when motions are sent by mail.
‘Marijuana legal elsewhere’ claim no help in parental termination appeal
Termination of parental rights was properly granted for a molesting father in federal prison and a drug-using mother who failed to comply with court-ordered services after striking a child.
Trial court errantly suppressed DUI evidence
A Marion Superior Court should not have suppressed evidence of intoxication of a man who was taken to a roll-call station on suspicion of drunken driving, the Indiana Court of Appeals ruled.