A pharmacist convicted of producing and distributing adulterated drugs was not entitled to attorney fees in his case against the Indiana Board of Pharmacy, which was entitled to immunity, the Court of Appeals of Indiana has ruled.
A federal judge in Texas who previously ruled to dismantle the Affordable Care Act struck down a narrower but key part of the nation’s health law Thursday in a decision that opponents say could jeopardize preventive screenings for millions of Americans.
An adoption and custody case has made its way to the Court of Appeals of Indiana for the second time, this time with the court agreeing that even though the father has shown growth in his parenting ability, the stepfather can have custody of two children.
A woman ordered to a temporary mental health commitment has failed to convince the Court of Appeals of Indiana that a trial court wrongly determined she was gravely disabled.
Court of Appeals of Indiana
In the Matter of the Civil Commitment of: A.O. v. Community Health Network, Inc.
22A-MH-2396
Mental health. Affirms the Marion Superior Court’s determination that A.O. was “gravely disabled.” Finds there was clear and convincing evidence supporting the order.
Read the latest Indiana appellate court opinions from the most recent reporting period.
A habitual offender enhancement that was filed 21 days before a trial that was eventually rescheduled was not untimely, the Court of Appeals of Indiana has ruled.
Court of Appeals of Indiana
Michael T. Owens v. State of Indiana
21A-CR-1900
Criminal. Affirms the Marion Superior Court’s denial of Michael Owens’ motion to dismiss the habitual offender enhancement to his sentence. Finds Owens’ claim rests on a faulty reading of Indiana Code § 35-34-1-5(e). Sua sponte remands to correct sentencing error.
A Court of Appeals of Indiana opinion in a case involving the breach of a lease split three ways Monday, with the appellate court affirming in part, reversing and remanding the case back to a lower court.
A lower court will need to address constitutional concerns and look at how evidence was obtained in a case involving sexual exploitation of children, the 7th Circuit Court of Appeals ruled Friday, remanding the case for an evidentiary hearing.
Court of Appeals of Indiana
American Senior Communities v. Indiana Family & Social Services Administration
22A-PL-2556
Civil plenary. Affirms the reclassification of the nursing scheduler coordinator position from the direct care component to the administrative component. Finds the reclassification was not arbitrary and capricious.
The Indiana Supreme Court affirmed a trial court’s order amending a damages award but determined the lower court lacked jurisdiction to issue two other orders because each interfered with the subject matter of a pending appeal.
Court of Appeals of Indiana
Indianapolis Museum of Art, D/B/A Newfields v. Kathleen Hurley, et al
22A-TR-767
Trust. Affirms the Marion Superior Court’s denial of Newfields’ motion for partial summary judgment and grant of the children’s motion for summary judgment. Finds the trial court did not err in establishing a resulting trust.
Court of Appeals of Indiana
Shalee C. Dowell v. State of Indiana
19A-CR-2623
Criminal. Affirms Shalee Dowell’s conviction in the Perry Circuit Court of Level 2 felony dealing in methamphetamine. Finds the state waived any challenge to the appellate court’s decision to reassume jurisdiction of Dowell’s direct appeal. Also finds the state’s evidence was sufficient.
Although the Court of Appeals of Indiana allowed a woman to reopen her previously rejected direct appeal based on a missing transcript, the court still upheld the woman’s felony drug dealing conviction.
Court of Appeals of Indiana
Jennifer Pennington and Joshua Pennington v. Memorial Hospital of South Bend, Inc. d/b/a Beacon Health and Fitness, Spear Corporation, and Panzica Building Corporation
22A-CT-1573
Civil tort. Affirms St. Joseph Superior Court’s grant of summary judgment to Spear Corporation and Panzica Building Corporation and a partial summary judgment to Beacon Health Building Corporation. Finds the trial court did not abuse its discretion by striking a portion of the deposition testimony of the Penningtons’ designated expert witness nor did it abuse its discretion in its evidentiary rulings.
Court of Appeals of Indiana
In the Matter of the Marriage of Emily G. McConnell v. Cedric J. Booker (mem. dec.)
22A-DC-2348
Domestic relations with children. Affirms the Warrick Superior Court’s dissolution decree, which granted parenting time to Cedric J. Booker that deviated from the Indiana Parenting Guidelines. Finds the trial court did not abuse its discretion in its parenting time order or when it denied Emily McConnell’s motion to correct error.
The U.S. Supreme Court ruled unanimously Tuesday for a deaf student who sued his public school system for providing an inadequate education. The case is significant for other disabled students who allege they were failed by school officials.
A permanent injunction preventing two brothers from using their property for their trucking business has been upheld, but the Court of Appeals of Indiana reversed the imposition of costs and fines in the case.
Parties from the West Coast who entered into two contracts with an Indiana company had sufficient contacts within the state to give an Indiana trial court jurisdiction over them, the Court of Appeals of Indiana ruled in a split decision.