Parents lose bid to restore parental rights
A mother and father who continually failed to provide adequate care for their children could not convince the Court of Appeals of Indiana to restore their parental rights.
Court opinions
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COA: Carmel not liable for alleged negligence by parks department employees
A mother who sued the city of Carmel after her child was allegedly bullied and “pseudo sexually assaulted” during a camp put on by the local parks department has not convinced the Court of Appeals of Indiana that the city should be held liable.
Opinions Nov. 21, 2022
Court of Appeals of Indiana
Scottsdale Insurance Company, et al. v. Harsco Corporation
21A-PL-2483
Civil plenary. Affirms and reverses in part the entry of summary judgment in favor of Harsco Corporation, ordering Scottsdale Insurance Company to pay Harsco approximately $70,000 in defense costs and approximately $5 million in indemnification and interest. Finds Harsco is not entitled to indemnification pursuant to either the commercial general liability policy or the umbrella policy with Scottsdale. Also finds Scottsdale failed to establish that the Marion Superior Court erroneously ordered it to pay any portion of the $70,975.93 to Harsco pursuant to Scottsdale’s duty to defend. Remands with instructions to enter judgment in favor of Harsco in the amount of $70,975.03.
Pendleton inmate loses appeal of murder conviction after fatal prison stabbing
An inmate who used a makeshift weapon to fatally attack another inmate did not convince the Court of Appeals of Indiana that his murder conviction should be reversed.
Multimillion dollar award evaporates under COA review of policy language
A contractor awarded $5.2 million in damages in a personal injury settlement lost most of it after the Court of Appeals of Indiana found the use of “you” and “your” in the insurance policy did not entitle the contractor to indemnification.
Lawmakers urge action after report of other high court leak
The chairman of the Senate Judiciary Committee said his panel is reviewing “serious allegations” in a report that a former anti-abortion leader knew in advance the outcome of a 2014 Supreme Court case involving health care coverage of contraception.
Disciplinary Commission issues advisory opinion for law firms on imputed conflicts of interest
The Indiana Supreme Court’s Disciplinary Commission on Friday published a nonbinding advisory opinion focused on Rules of Professional Conduct Rule 1.10, which outlines when a law firm is prohibited from representing a client based on imputed conflicts of interest.
COA denies relief to mother facing numerous contempt orders for unpaid medical expenses
A mother handed several contempt orders for failing to pay her share of uninsured medical expenses did not convince the Court of Appeals of Indiana that she should be granted relief from a judgment ordering her to reimburse the children’s father.
Opinions Nov. 16, 2022
Court of Appeals of Indiana
In the Matter of the Paternity of A.R.S. (Minor Child); P.M.S. v. T.P.W.
22A-JP-529
Juvenile paternity. Affirms the order modifying custody of A.R.S. in favor of mother T.P.W. and awarding father P.M.S. parenting time. Finds the Warrick Superior Court did not abuse its discretion by modifying custody. Also finds the trial court granted parenting time to P.M.S. pursuant to the Indiana Parenting Time Guidelines.
COA: Lake County sheriff didn’t need commissioners’ approval to sign jail contract for health services
In a dispute between Lake County’s sheriff and the local county commissioners, the Court of Appeals of Indiana has ruled for the sheriff.
COA dismisses appeal from landowner who didn’t timely appeal appropriation proceedings
A man who didn’t like the offer county officials made to acquire a portion of his land failed to appeal in a timely manner, the Court of Appeals of Indiana has ruled.
Opinions Nov. 15, 2022
Court of Appeals of Indiana
Chelsea Newman v. State of Indiana (mem. dec.)
22A-CR-594
Criminal. Affirms Chelsea Newman’s conviction of Level 6 felony unlawful possession of a legend drug. Finds the Blackford Superior Court did not abuse its discretion by admitting Newman’s statements to her community corrections supervisor, made during a meeting and subsequent compliance check, into evidence in her instant trial.
Appeals court ruling keeps Biden student debt plan on hold
President Joe Biden’s plan to forgive student loan debt for millions of borrowers was handed another legal loss Monday when a federal appeals court panel agreed to a preliminary injunction halting the program while an appeal plays out.
Opinions Nov. 14, 2022
Eric M. Seibel v. State of Indiana (mem. dec.)
22A-CR-269
Criminal. Reverses Eric M. Seibel’s conviction of Level 5 felony battery against a public safety official while engaged in the execution of official duties, resulting in bodily injury. Finds the Knox Superior Court committed reversible error by refusing Seibel’s tendered lesser-included offense instruction. Also finds the evidence is sufficient to support a conviction of the lesser-included offense. Remands to the trial court to vacate Seibel’s Level 5 felony conviction, enter a judgment of conviction on Level 6 felony battery on a public official and resentence him accordingly. Affirms Seibel’s Level 6 felony conviction of domestic battery.
US judge in Texas strikes down Biden loan-forgiveness plan
A U.S. judge in Texas on Thursday blocked President Joe Biden’s plan to provide millions of borrowers with up to $20,000 apiece in federal student-loan forgiveness.
Opinions Nov. 10, 2022
Court of Appeals of Indiana
Willie Mills Sr. v. State of Indiana
22A-CR-591
Criminal. Affirms Willie Mills Sr.’s convictions for Level 2 felony burglary, Level 3 felony burglary, Level 3 felony armed robbery and Level 5 felony battery by means of a deadly weapon. Finds Mills failed to show that the face mask requirement imposed by the Wayne Superior Court denied him his right to confront witnesses and was fundamental error. Also finds Mills waived his Article I, Section 13 right to counsel claim by failing to raise it in the trial court and, waiver notwithstanding, Mills failed to show any reason why, unlike the federal constitution, the state constitution should be interpreted to disallow admission of a statement that a defendant knowingly and voluntarily gave to law enforcement after appointment of counsel. Finally, finds there is sufficient evidence to support Mills’ convictions as an accomplice.
COA affirms father’s accomplice convictions in violent robbery with son
A Wayne County father involved in a bloody robbery with his son did not find relief from his accomplice convictions at the Court of Appeals of Indiana.
COA: School corporations can’t assert takings claims against state in charter school dispute
Three Indiana school corporations have failed to convince the Court of Appeals of Indiana to overturn a law requiring them to sell vacant public school buildings to charter schools for $1.
7th Circuit: Immigration appeals case wrongly applied new precedent retroactively
A Mexican citizen lawfully living in the United States will have a chance to revisit her challenge to removal proceedings after the 7th Circuit Court of Appeals determined a new rule was impermissibly applied to her case retroactively.
Indy considering outside counsel to test public nuisance law
Indianapolis fought a nine-year legal battle against troubled housing complex owner Towne & Terrace Corp. A City-County Council proposal aims to give the city more fuel in the future against similar properties causing a public nuisance.