Justices rule for American woman in bitter custody dispute
The U.S. Supreme Court ruled unanimously Wednesday for an American woman who is involved in a bitter international custody dispute with her Italian husband over their young son.
Court opinions
Articles
Man loses appeal of animal abuse convictions after hitting, shooting dog
The Court of Appeals of Indiana has upheld a man’s conviction for hitting and shooting his dog, finding the evidence did not support his claim that he was trying to put the animal down to protect his neighbors.
Opinions June 15, 2022
Court of Appeals of Indiana
Jacquetta Hahn-Weisz v. Samuel C. Johnson and Amber Johnson
22A-DC-36
Domestic relations with children. Reverses the Union Circuit Court’s partial grant of a petition to modify custody of J.J. filed by father Samuel Johnson. Finds Jacquetta Hahn-Weisz, the child’s grandmother who raises the child, presented clear and convincing evidence that the child’s best interests were substantially and significantly served by remaining with her. Also finds she has demonstrated prima facie error in the trial court’s granting of Johnson’s petition for modification of custody.
Convictions upheld for man in Allen Co. drug robbery gone wrong
A man involved in a robbery-turned-murder will keep his related convictions despite his arguments against a traffic stop and the jury instructions in his case, the Court of Appeals of Indiana has ruled.
Grandmother secures reversal in child custody case against father
A grandmother who says she helped “pick up the pieces” of her grandchild’s life after the minor was molested in her father’s home has secured a reversal from the Court of Appeals of Indiana in a custody battle.
Tax Court rules for Hendricks Co. convenience store in appraisal dispute
A Hendricks County convenience store has won its appeal for a lower real property assessment after the Indiana Tax Court struck down an underlying appraisal and market adjustment.
COA: Evidence sufficient to sustain sexual battery conviction
A man who groped a woman in a dormitory restroom was unable to get his felony conviction overturned after the Court of Appeals of Indiana found the evidence was sufficient to show he physically restrained the woman while touching her without her consent.
RFRA defense fails to stop child abuse prosecution
A Lawrence County man tried to defend himself against child abuse charges by asserting his right to religious freedom, but the Court of Appeals of Indiana found the state’s Religious Freedom Restoration Act did not apply in his case because the prosecution demonstrated it had chosen the least restrictive means to advance the state’s compelling interest in protecting children.
Justices reinstate judgment for loan broker, reject ‘fraud’ finding
A loan brokerage company will be permitted to collect a roughly $3,000 consultant’s fee from a client that rejected its financing offer, the Indiana Supreme Court has ruled, overturning a lower court’s finding that the broker asked the client to commit fraud in order to obtain financing.
Justices remand appeal of moot commitment order, clarify precedent on public-interest exception in commitment cases
Despite her involuntary commitment order having long since expired, a woman will be permitted to challenge the order at the Court of Appeals of Indiana after the Indiana Supreme Court issued a decision clarifying its precedent on how appellate courts should review involuntary commitment cases that have become moot. A dissenting justice, however, repeated previous concerns about the majority’s approach to the public-interest mootness exception.
Enhanced consecutive sentences upheld in fentanyl overdose case
A man who sold fentanyl-laced heroin to his friend that resulted in the buyer overdosing will keep his enhanced consecutive sentences, the Court of Appeals of Indiana has concluded.
COA finds statute grants DNR immunity from claims over flooded fields
A family of farmers in Marshall County who claimed their fields flooded because of the Indiana Department of Natural Resources’ negligent operation of a nearby dam had their trial court victory washed away when the Court of Appeals of Indiana ruled that a state statute grants the agency immunity from negligence claims.
Opinions June 14, 2022
Court of Appeals of Indiana
Trent Michael Weaver v. State of Indiana
21A-CR-2424
Criminal. Affirms Trent Weaver’s aggregate eight-year sentence following his convictions of dealing in a narcotic drug and reckless homicide, both as a Level 5 felony. Finds the Pulaski Superior Court did not abuse its discretion when it imposed separate sentences for Weaver’s dealing and reckless homicide convictions, when it imposed consecutive sentences for those convictions or when it imposed enhanced consecutive sentences. Also finds the trial court’s sentencing statement is adequate. Finally, finds the trial court did not abuse its discretion when it sentenced Weaver.
Supreme Court reverses course, denies transfer in dental dispute
The Indiana Supreme Court has decided not to assume jurisdiction and instead reinstated an opinion from the Court of Appeals of Indiana in a dispute between a dentist and her former employer.
Summary judgment for IWU affirmed on retaliation, age discrimination claims, but race discrimination claim remanded
The grant of summary judgment to Indiana Wesleyan University on a former employee’s retaliation and age discrimination claims has been upheld, but the issue of whether the employee’s termination was racially motivated has been remanded.
Opinions June 13, 2022
Court of Appeals of Indiana
Charles T. Ramey, III and Jordan McHenry v. Ashley D. Ping
21A-CT-2103
Civil tort. Affirms the denial of father Charles Ramey and Jordan McHenry’s joint motion for judgment on the evidence and motion to correct error, filed after a jury ruled in favor of mother Ashley Ping and awarded her damages on her complaint alleging Ramey and McHenry filed a false report of child abuse against her. Finds the Johnson Superior Court did not err when it interpreted the false reporting statute and, as such, did not err when it instructed the jury. Also finds Ping presented sufficient evidence to negate the statutory presumption of good faith and qualified immunity and to support the jury’s award of punitive damages. Finally, finds Ping was not precluded from bringing the instant lawsuit under either the principle of res judicata or under the terms of a release agreement.
Justices rule against detained immigrants seeking release
The U.S. Supreme Court has ruled against immigrants who are seeking their release from long periods of detention while they fight deportation orders.
COA affirms for mom in false reporting child abuse case brought against father, girlfriend
The Court of Appeals of Indiana has upheld a nearly $300,000 judgment in favor of a mother who sued her ex-husband and his new girlfriend for making a false claim of child abuse against her.
Supreme Court rules against Navajo Nation member
The U.S. Supreme Court ruled Monday that Native Americans prosecuted in certain tribal courts can also be prosecuted based on the same incident in federal court, which can result in longer sentences.
COA finds unavailability of ‘essential witnesses’ key to delay in CHINS case
The Court of Appeals of Indiana has found a juvenile court that reset four times a factfinding hearing for a CHINS petition and, consequently, exceeded the 120-day statutory deadline did not abuse its discretion because the Indiana Department of Child Services needed extra time to procure the testimony of two physicians.