A man who had a right of first refusal to his late mother’s home should have been allowed to receive the home at its value at the time of his mother’s death, rather than the value of a purchase offer, the Court of Appeals of Indiana has ruled.
Court of Appeals of Indiana
Daniel Kay Beach v. Teresa Spiech, Trustee of the Dauby Family Trust
22A-TR-1779
Trust. Reverses and remands to determine the value of the home at the time of Carol Daubenspeck’s death so that the trust assets may be divided evenly between siblings, with Daniel Beach receiving the home as part of his distribution. Finds Beach’s right of first refusal gave him the choice to receive the home as part of his share of the trust if he so desired. Affirms the Hamilton Superior Court’s decision on all other grounds.
Court of Appeals of Indiana
Curtis D. Shank v. State of Indiana (mem. dec.)
22A-CR-1500
Criminal. Affirms Curtis Shank’s conviction of Level 1 felony attempted murder and his sentence of 48 years executed. Finds the Elkhart Circuit Court properly handled Shank’s requests for a speedy trial such that his Criminal Rule 4(B) rights were not violated. Also finds Shank has failed to show that his sentence is inappropriate.
Court of Appeals of Indiana
Montgomery Scott Turner and Morgan Mitchell v. Roxanna Knowles
22A-EV-2622
Eviction. Reverses the Lawrence Superior Court’s judgment for Roxanna Knowles, a landlord. Finds Montgomery Turner and Morgan Mitchell have established prima facie error in the trial court’s determination. Remands with instructions to vacate an award of damages for Knowles and order Knowles to return a security deposit. Also remands with instruction to determine the tenants’ reasonable fees and costs.
A landlord was not entitled to damages and was ordered to return a security deposit after the Court of Appeals of Indiana found error at the trial court.
The Court of Appeals of Indiana granting rehearing Monday to a criminal recklessness case to clarify its reasoning as to why a constitutional violation was harmless error.
A judge has dismissed a former Marion County magistrate judge’s lawsuit against court officials for alleged employment discrimination, ruling neither federal law that former Magistrate Judge Kimberly Mattingly cited permitted her to bring such claims.
In the continued aftereffects of the U.S. Supreme Court’s decision overturning Roe v. Wade, a federal court has entered judgment for the state of Indiana in a lawsuit challenging the state’s ban on a common second-trimester abortion proceeding.
Court of Appeals of Indiana
Adam Tempest v. Fifth Third Bank, National Association (mem. dec.)
22A-PL-2222
Civil plenary. Dismisses Adam Tempest’s appeal of the Decatur Superior Court’s order dismissing his complaint against Fifth Third Bank. Finds multiple violations of the Indiana Appellate Rules and a lack of a cogent argument.
Court of Appeals of Indiana
Indiana Board of Pharmacy, Donna S. Wall, Steven Anderson, Del Fanning, Winnie Landis, Mark Smosma, and Matt Balla v. Paul J. Elmer
22A-PL-1811
Civil plenary. Reverses the Marion Superior Court’s entry of judgment against the appellants and the award of attorney fees to Paul Elmer. Finds the Indiana Board of Pharmacy and its members were acting in a quasi-judicial capacity and in good faith based on the known interpretation of Indiana Code § 34-52-1-1. Remands with instructions to enter judgment in favor of the appellants and to vacate the award of attorney fees to Elmer.
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.