Post-conviction claim allowed in DOC placement change
Offenders may seek post-conviction relief from Department of Correction placement changes, the Court of Appeals ruled Tuesday after the state revised its view that a claim should be dismissed.
Court opinions
Articles
Appeals court affirms revoked probation after test shows marijuana
A man ordered to serve 90 days of a suspended one-year sentence for a conviction of misdemeanor marijuana possession wasn’t denied due process when his probation officer admitted evidence of a positive urinalysis, the Indiana Court of Appeals ruled.
Justices reverse custody modification but order status quo to continue, for now
The laws in place to protect children caught in the middle of a custody battle were ignored by a St. Joseph Superior Court, the Indiana Supreme Court ruled Tuesday, pointing to a change in custody despite a lack of a proper evidentiary hearing.
Service-animal suit against Evansville schools proceeds
A federal lawsuit brought under the Americans with Disabilities Act after Evansville schools adopted a policy restricting the use of service animals will proceed.
Aye Chihuahua! Dog’s domain remains Indiana, appeals court rules
Sofie, the black-and-white Chihuahua-rat terrier mix, stays in Indiana, the Court of Appeals affirmed in a canine custody challenge.
Rehearing on double-jeopardy appeal leads to same conclusion
An Indiana Court of Appeals panel was unmoved by a recent Indiana Supreme Court decision, and the appellate panel reaffirmed that a charge of sexual misconduct with a minor should not be dismissed against a defendant acquitted of rape based on the same incident.
Former university soccer coach’s lawsuit after charges dropped fails
The 7th Circuit Court of Appeals agreed with the lower court Monday that a lawsuit brought by a former soccer coach at Oakland City University against an arresting officer should be dismissed for being time-barred. Christian Serino alleged his constitutional rights were violated and multiple state-law torts were committed after trespass and resisting law enforcement charges against him were dropped.
Retailer properly terminated lease, COA rules in reversal
A retail chain that closed an underperforming store in a Hendricks County shopping center had a contractual right to do so under its lease, the Indiana Court of Appeals held in reversing a judgment in favor of the plaza owner.
SCOTUS to hear Indiana steelworkers’ case Monday
This question arising in an Indiana labor case will be before the Supreme Court of the United States on Monday: What does “changing clothes” mean?
Tax Court lets owners’ appeal go forward in alleged ‘puppy mill’ case
The former owners of an alleged puppy mill in Harrison County may pursue their claim that because the state overreached in using jeopardy tax warrants to seize their animals and property, they are entitled to a refund of the value of the taken property.
State can’t keep interest earned on unclaimed property
The 7th Circuit Court of Appeals agreed Thursday with an Indiana woman acting as guardian for a relative that the state can’t retain the interest earned on unclaimed property once the owner files a valid claim to the property. Katherine Cerajeski argued that action by the state is a taking that violates the takings clause in the Constitution because the owner is paid nothing for his lost interest.
7th Circuit splits over Marion County Small Claims debt collection suit
Are Marion County Township courts “judicial districts” under the Fair Debt Collection Practices Act, thus allowing a man to sue a debt collector for bringing an action in an inconvenient township court? Depends on who you ask on the 7th Circuit Court of Appeals, as the majority ruled in favor of the debt collector Thursday.
Appeals panel rules former same-sex partner has standing to seek visitation
A former same-sex domestic partner of a woman who gave birth to a child has standing to seek visitation, the Indiana Court of Appeals ruled Thursday, reversing a trial court in an opinion begging lawmakers to speak to the rights of same-sex couples in parenting disputes.
Justices clarify sentencing order on remand
The Indiana Supreme Court granted a man’s petition for rehearing regarding his sentencing order, but again rejected his claim that concurrent sentences are required.
Man arrested for public intox at gas station has conviction reversed
Based on the language of the recently amended statute defining public intoxication, the Indiana Court of Appeals reversed a man’s conviction due to lack of evidence that he endangered his life or the life of someone else.
COA decides not to take video recording issue on interlocutory appeal
The Indiana Court of Appeals Thursday decided that it was improper for it to accept a man’s appeal of his motion seeking to exclude video recordings of video files found on his phone. The judges accordingly dismissed David Wise’s appeal.
Woman’s convictions did not subject her to double jeopardy
A woman who attempted to shoplift from an Indianapolis K-Mart was not subject to double jeopardy when she was convicted of resisting law enforcement and disorderly conduct. She argued the court could have based the convictions on identical facts.
School corporation sued by attacked students wins on appeal
A student who filed a lawsuit against his school corporation after he was assaulted by a fellow student while a teacher was in the hallway lost his negligence case on appeal Thursday. The Indiana Court of Appeals affirmed summary judgment in favor of the school.
COA reverses drug conviction due to lack of intent
The state did not have sufficient evidence to convict a man of possession of cocaine under the intent prong of constructive possession, the Indiana Court of Appeals ruled Thursday. As a result, the judges reversed the defendant’s drug conviction.
Judges find no prosecutorial misconduct at molestation trial
The Indiana Court of Appeals affirmed a man’s multiple convictions for molesting three children, rejecting the defendant’s claims that the state committed prosecutorial misconduct when it commented during closing arguments on the truthfulness of his testimony.