COA affirms changing boy’s last name
The mother of a 5-year-old boy was unable to convince the Indiana Court of Appeals that the Marion Circuit Court erred in granting his father’s petition to change the boy’s surname to his last name.
Court opinions
Articles
Cedar Lake allowed to dissolve Parks Department, board
A Lake Superior judge erred when she used Dillon’s Rule to determine the scope of the town of Cedar Lake’s legal authority to dissolve its park board and Parks Department, the Indiana Court of Appeals ruled Thursday. The proper legal inquiry is based on the state’s Home Rule Act.
Judges rule against commissioners in eminent domain dispute
In a case involving the use of eminent domain to acquire land to expand the runway at the Clark County Airport, the Indiana Court of Appeals encouraged lawyers and the courts to stop using the phrase “jurisdiction over a particular case” when the term “legal error” should be used.
Nursing student loses appeal of dismissal from Purdue
A nursing student at Purdue University’s Fort Wayne campus was unable to convince the Indiana Court of Appeals Tuesday that the university and officials violated her due process rights and breached a contract with her when they dismissed her from the program due to behavioral difficulties.
Judges affirm reduction of subrogation lien
The Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to pay the full amount of the couple’s claim following a car accident.
Man’s statement on drug allowed at trial
The Indiana Court of Appeals held Friday that a trial court did not commit fundamental error in admitting Charles Meriwether’s statement to police that he had marijuana in his car.
Man must reinstate original complaints for lawsuits to proceed
The Indiana Court of Appeals held Thursday that a man with a propensity to sue over purchases made online may not file a new lawsuit in Marion County after a similar one was dismissed without prejudice.
COA affirms angry ex-boyfriend’s battery convictions
A northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s car with his.
Judges deny prisoner’s request to appeal without paying fees
The 7th Circuit Court of Appeals rejected a man’s argument that he and other prisoners do not need to pay appellate filing and docketing fees, and so a District Court’s certification of appeal is irrelevant.
7th Circuit again reverses drug sentence for minor role reduction
A man convicted of a federal charge that he transported drug money will be sentenced a third time after the 7th Circuit Court of Appeals ruled Tuesday in a nonprecedential opinion that a resentencing the court ordered in 2010 did not sufficiently consider his minor role compared with conspirators.
Woman suing for unpaid wages passes ‘duck test’
Indiana Justice Mark Massa made repeated references in Wednesday’s decision to the “Duck Test” – if it walks like a duck, swims like a duck and quacks like a duck, it’s a duck – in a day laborer’s lawsuit to recover unpaid damages from a Fort Wayne company. The justices found Brandy Walczak’s lawsuit may proceed under the Wage Payment Act.
Suit against Catholic diocese alleging firing after fertility treatment proceeds
A former teacher who claims her contract at St. Vincent de Paul School in Fort Wayne was not renewed because she underwent in vitro fertilization treatments may proceed with a suit against the Catholic diocese.
Justices: Evidence of dismissed crimes allowable for post-conviction relief
A Delaware County man who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony counts was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed, the Indiana Supreme Court ruled Tuesday.
Is COA opinion on threat to judge a threat to rights?
Advocates say imprisoned blogger’s ruling out of the Indiana Court of Appeals imperils the First Amendment.
Court affirms reduction of support ordered in another state
A court order reducing a father’s child support obligation from that set by a Pennsylvania court was affirmed Monday by the Indiana Court of Appeals.
Ruling: Easement to Eagle Creek indeed leads to water
A trial court ruling that forbid residents of a lakefront subdivision from accessing the water from a public easement was overturned Monday by the Indiana Court of Appeals.
Separate notice argument not enough to vacate small claims judgment
A business’s argument that it should have been served with a separate notice of a small claims action was rejected by the Indiana Court of Appeals Friday.
Lake County man warned against disparaging bench
A Lake County man with a history of filing unsupported allegations and derogatory comments in pleadings was rebuffed on his latest appearance before the Indiana Court of Appeals, which warned him against disparaging the bench.
Man’s conviction of auto theft upheld
Although a trial court’s refusal to give a defendant’s jury instruction was an error, it was harmless and his felony auto theft conviction should be affirmed, the Indiana Court of Appeals ruled.
State didn’t prove man committed trespass
The Indiana Court of Appeals reversed a criminal trespass conviction for a Marion County man after finding the state didn’t prove a material element of the crime.