Indiana Court Decisions – Feb. 23-March 7, 2012
Read summaries of the latest for publication opinions from the 7th Circuit Court of Appeals and Indiana’s appeals courts.
Court opinions
Articles
Shield law ruling unique in nation
The Indiana Court of Appeals adopts a modified test in a defamation case.
Tort law case tests boundaries of ‘duty’
The Indiana Court of Appeals recently issued an opinion that answered some complicated questions about the point at which one person assumes a “duty” to another. But the panel did not reach a consensus, with one judge writing that the majority opinion could have a negative impact on public policy.
Divided Supreme Court rules on attorney fees case
The Indiana Supreme Court has affirmed the award of attorney fees to an Indiana town, although two justices disagreed and would have reversed the trial court.
Justices: Tax Court erred in prima facie showing requirement
The Indiana Supreme Court has found that the Indiana Tax Court erred in requiring the state revenue department to produce more evidence of a proposed assessment of additional tax liability for a corporation.
Divided 7th Circuit affirms ‘career offender’ conviction
The 7th Circuit Court of Appeals has affirmed a District Court’s 100-month sentence for a man deemed to be a “career offender.” But the decision was not unanimous.
Judges uphold dismissal of suit filed after fall at work
The Indiana Court of Appeals has affirmed the trial court’s dismissal of a couple’s complaint for injuries and loss of consortium for subject matter jurisdiction, finding the woman’s injuries sustained while at her work fall squarely within the Indiana Worker’s Compensation Act.
Judges find search wasn’t valid under 4th Amendment
The Indiana Court of Appeals has found that a woman’s Fourth Amendment right to be free from unreasonable searches and seizures was violated and a trial judge erred in not suppressing evidence found during a home search.
COA affirms dismissal of case 18 years after filing
The Indiana Court of Appeals has ruled that a Henry Circuit judge correctly dismissed a union’s complaint about a manufacturing plant closure more than two decades ago, finding that the union failed to prosecute the case for 18 years and that was an adequate basis for dismissal.
COA remands parental rights case
Finding that a trial judge and Indiana Department of Child Services didn’t follow the law before involuntarily terminating parental rights, the Indiana Court of Appeals has sent the case back to Elkhart Circuit Court.
‘Vouching testimony’ not allowed in child sex abuse cases
The state’s rules of evidence don’t allow for “vouching testimony” in child sex abuse cases to help determine when a youth isn’t exaggerating, and the Indiana Supreme Court won’t carve out an exception allowing for that testimony in these types of cases.
7th Circuit affirms search warrant basis
The 7th Circuit Court of Appeals has determined that enough probable cause existed to justify a search warrant that led to a man’s jury convictions on drug charges.
Title dispute leads to appellate reversal
The Indiana Court of Appeals has reversed a decision in favor of a title company, finding that the trial court must re-examine the case to decide if the two property owners have an action for negligent contract misrepresentation relating to a land easement dispute.
Court orders new trial in methamphetamine case
The Indiana Court of Appeals has ordered a new trial for a woman convicted of felony methamphetamine dealing, finding that the Hendricks Superior judge should have instructed the jury on a lesser-included offense of methamphetamine possession.
Justices: injured cop prevented by law from rejoining force
A police officer who was injured in the 1980s and received disability benefits – but later was physically able to rejoin the police department – is statutorily prohibited against returning to the force, the Indiana Supreme Court decided in answering a certified question.
Union withdraws request for temporary restraining order
The union that filed a lawsuit last month in federal court challenging Indiana’s “right-to-work” law has withdrawn its emergency motion for a temporary restraining order.
COA: trial court erred in piercing corporate veil
Because there was no causal connection established between misuse of the corporate form and fraud or injustice, the Indiana Court of Appeals reversed the trial court’s decision to pierce the corporate veil.
COA: Department of Labor should review claim
The Indiana Court of Appeals found that a woman’s lawsuit for unpaid wages should have first been brought before the Indiana Department of Labor before she filed her action.
COA finds man initiated communication with detective
The Indiana Court of Appeals has affirmed the denial of a defendant’s motion to suppress an incriminating statement to a detective because the defendant initiated the discussion and understood his Miranda rights before speaking.
7th Circuit ponders search of cell phone
The 7th Circuit Court of Appeals, which likened modern cell phones to computers, had to decide whether police could search a man’s phone for the phone’s number without a search warrant.