COA orders new trial for man who represented himself
Finding a defendant did not knowingly or intelligently waive his right to counsel, the Indiana Court of Appeals Thursday ordered a new trial on strangulation and domestic battery charges.
Court opinions
Articles
Nursing home can’t collect from estate under doctrine of necessaries
A Connersville nursing home can’t seek to collect on expenses for a patient after her death from the estate of her husband under the doctrine of necessaries, the Indiana Court of Appeals ruled, because the facility didn’t first seek to collect from the patient.
US Supreme Court strikes down DOMA as unconstitutional
On its last day of the 2012 term, the Supreme Court of the United States handed down its highly anticipated decisions involving same-sex marriage. Same-sex couples in states that recognize same-sex marriage received a victory from the court when the majority struck down Section 3 of the Defense of Marriage Act as unconstitutional.
COA reaffirms separate convictions for check theft not warranted
The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the defendant stole checks from a man’s mailbox, but affirmed its original decision that the taking of the checks and what the defendant did with them constituted a single continuing act of theft.
Judge: School corp.’s inattentiveness doesn’t support benefits reversal
The Indiana Court of Appeals was split Wednesday over whether a notice sent regarding a hearing on unemployment benefits required reversing the grant of benefits because the employer found the notice confusing.
US Supreme Court: DOMA unconstitutional; finds lack of standing to appeal in Perry
The Supreme Court of the United States struck down the Defense of Marriage Act Wednesday in a 5-4 decision that is confined to only those in lawful marriages. Associate Justice Anthony Kennedy authored the majority decision, writing the Act is a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.
Justices slam agreement to no parenting time, no child support
The Indiana Supreme Court had harsh words Tuesday for parents and attorneys who enter into agreements that stipulate giving up parenting time in lieu of paying child support. There must be extraordinary circumstances to justify denying parenting time.
SCOTUS strikes portion of Voting Rights Act; will hand down term’s final decisions Wednesday
The Supreme Court of the United States held Section 4 of the Voting Rights Act is unconstitutional Tuesday, ruling that its formula can no longer be used as a basis for subjecting jurisdictions to pre-clearance. The case stems from Shelby County in Alabama asking for a declaratory judgment that sections 4(b) and 5 are facially unconstitutional and a permanent injunction against their enforcement.
Resisting law enforcement conviction reduced due to double jeopardy violation
A post-conviction court “clearly erred” when it found a man’s trial attorney did not provide ineffective assistance of counsel, the Indiana Court of Appeals ruled Tuesday. The judges ordered the court to reduce Timmy Zieman’s Class C felony resisting law enforcement conviction to a Class D felony because of a violation of double jeopardy principles.
Refusal to remove biased board member ends potential administrative remedies
After finding that the exhaustion of administrative remedies was excused for a company seeking to operate a stone quarry because a drainage board member was biased against the project, the Indiana Court of Appeals ruled the trial court acquired subject matter jurisdiction and properly denied the board member’s motion to dismiss.
Supreme Court kicks ‘buyer beware’ vs. disclosure case back to trial court
A Lake County dispute over whether a buyer or seller is responsible for a few thousand dollars worth of home defects is headed back to the trial court after a divided Indiana Supreme Court ordered a legal do-over.
Justices reverse rule of law going back to Civil War era
After requiring for nearly 150 years that a defendant charged with murder or treason be required to prove he or she is entitled to bail, a divided Indiana Supreme Court ruled it now falls upon the state to show that “the proof is evident or the presumption strong” that the defendant is guilty and not entitled to bail.
Evidence supports felony inmate fraud conviction
Finding that a defendant obtained a future interest in bail money as well as his release from prison – which constitute property under Indiana law – the Indiana Court of Appeals upheld Elnesto Ray Valle’s Class C felony inmate fraud conviction. Valle convinced a stranger to pay his bail.
Justices: Officer had reasonable suspicion window tint violated law
The Indiana Supreme Court affirmed the denial of a defendant’s motion to suppress cocaine found on him after his car was stopped by police on the belief the car’s window tint did not comply with Indiana statute. The justices found the officer had reasonable suspicion that the tint was in violation of the Window Tint Statute.
Sex Offender Registration Act not ex post facto as applied to Perry County man
The Indiana Court of Appeals upheld the denial of a petition to remove a convicted child molester from the sex offender registry, finding the Sex Offender Registration Act is non-punitive as applied to him.
SCOTUS sends affirmative-action case back to 5th Circuit
A lawsuit claiming that a Texas university's consideration of race in its admissions practices violates the Equal Protection Clause has been sent back by the Supreme Court of the United States to the 5th Circuit Court of Appeals. In its ruling on the suit filed by a Caucasian woman denied admission in 2008, the justices did not strike down the use of affirmative action by the university.
COA affirms trial court dismissal of judicial review but differs on reasoning
An Allen Superior judge’s determination that the court lacked jurisdiction to hear a zoning issue, thus requiring dismissal, was erroneous, the Indiana Court of Appeals ruled. But the judges affirmed the lower court’s dismissal of the case because of a lack of supporting materials and a late request for a filing deadline extension.
Justices: Excluding expert witness was error by trial court
Four Indiana justices Friday held that a Montgomery Superior judge erred when he struck the plaintiff’s expert witness in a medical malpractice lawsuit and dismissed the suit under Indiana Trial Rules 37(B) and 41(E).
SCOTUS rules in favor of Ball State in hostile work environment suit
In a 5-4 decision Monday, the Supreme Court of the United States has upheld the decision by the 7th Circuit Court of Appeals that a woman failed to prove she was subject to a hostile work environment at Ball State University.
Appeals court upholds woman’s sentence for treatment of cats
A Fort Wayne woman who kept more than 100 cats between two properties in deplorable conditions had her sentence for multiple counts of criminal mischief and animal cruelty upheld by the Indiana Court of Appeals. The judges declined to revise her sentence because it was appropriate given her character and the nature of the offense.