COA upholds judgment in favor of employer in wrongful termination suit
The Indiana Court of Appeals affirmed summary judgment in favor of the Indiana Department of Insurance in a lawsuit filed by a former employee claiming wrongful termination.
Court opinions
Articles
COA rules on anonymous online commenter case
In a case of first impression, the Indiana Court of Appeals has ordered the trial court apply a modified test based on a New Jersey case to determine whether The Indianapolis Star must identify an online user whose comment is part of a defamation lawsuit.
Judge: facility not exempt from property tax
The Indiana Tax Court has upheld the decision of the Indiana Board of Tax Review that a Tipton County assisted living facility failed to raise a prima facie case that it is exempt from property tax under Indiana Code 6-1.1-10-16.
Nonsupport of dependent enhancement not based on number of children
The Indiana Supreme Court ruled Thursday that under Indiana Code 35-46-1-5(a), the enhancement of nonsupport of a dependent child to a Class C felony because of an arrearage of $15,000 or more is triggered by the dollar amount owed, regardless of how many children the parent has.
7th Circuit affirms sentence for sexual involvement with 12-year-old girl
The 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced within the correct guidelines range.
Appellate court upholds man’s detainment
The Indiana Court of Appeals rejected a man’s argument that he could not have been detained in the hospital for mental health reasons before an application for detention was filed, which occurred after facility security guards restrained him.
Justices slash amount non-merit state employees can get in back pay
The Indiana Supreme Court has adjusted the time frame for which state non-merit employees who sued for back pay may be able to recover funds. Instead of the period going back some 20 years, the justices decided the non-merit employee’s time period should be the same as merit employees.
Judges disagree on state’s ability to appeal
The Indiana Court of Appeals issued a divided ruling Thursday on whether the state could appeal the denial of its motion to correct error after the trial court granted a defendant’s motion to suppress evidence. The majority decided the state’s appeal should be dismissed as untimely.
Justices reformulate jury instruction
The Indiana Supreme Court upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of counsel. In doing so, the justices addressed the use and language of a jury instruction and rewrote it to make it clearer.
Justices dissent on denying transfer in wage payment case
Two Indiana Supreme Court justices disagreed with their colleagues about not taking a case on the state’s wage payment statute, issuing dissent that described how they believe the justices should clear up perceived uncertainty about whether the law can be applied to certain claims before the Indiana Department of Labor.
Justices rule governor doesn’t have to testify in IBM case
On the same day it heard arguments, the Indiana Supreme Court reversed a Marion Superior judge’s ruling and held that Gov. Mitch Daniels does not have to testify or be deposed in an ongoing lawsuit over the cancelled contract to modernize the state’s welfare system.
Vagueness of policy is grounds for reversal
The 7th Circuit Court of Appeals has reversed a District Court’s grant of summary judgment in favor of St. Paul Fire & Marine Insurance Company, holding that the language of its insurance policy creates a question of liability for deductible payments.
On rehearing, COA affirms original opinion
On petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with evidence.
COA reverses trial court on traffic stop case
The Indiana Court of Appeals has sided with the state in its appeal of a trial court’s ruling.
Mother’s prior statement undermines argument on appeal
A mother who appealed a court’s order acknowledging that her ex-husband is the father of her child cannot prove that the court abused its discretion.
Indiana Court Decisions Jan. 26-Feb. 8, 2012
Read For Publication opinions from Indiana’s appellate courts and the 7th Circuit Court of Appeals.
Ruling leads to questions about pregnant women’s rights
The Indiana Court of Appeals was asked on interlocutory appeal to determine whether the Marion Superior Court erred in denying bail for Bei Bei Shuai, a woman being held on charges of attempted feticide and murder.
Appellate court orders hearing on judge’s impartiality
The Indiana Court of Appeals has ruled that a Monroe Circuit judge abused her discretion in denying a motion to recuse in a small claims case that involved an attorney who previously served as the judge’s election campaign committee chair.
COA reverses trial court in malpractice case
The Indiana Court of Appeals has sided with the commissioner of the Indiana Department of Insurance in a medical malpractice case.
7th Circuit affirms inmate has no property interest in fund
The 7th Circuit Court of Appeals has upheld the decision in the Northern District of Indiana that an inmate has no property interest in prison recreation funds.