U.S. Supreme Court strikes New York gun law in major ruling
The U.S. Supreme Court on Thursday struck down a restrictive New York gun law in a major ruling for gun rights.
Court opinions
Articles
Medical billing software provider negligent in failing to preserve contracted product in spoliation suit, COA affirms
A complaint brought by a now-defunct medical billing business against a company it hired to craft a software program was properly dismissed as a sanction for spoliation of evidence, the Court of Appeals of Indiana has ruled.
COA affirms juvenile’s placement in DOC following exhaustion of ‘all reasonable efforts’
The Court of Appeals of Indiana has affirmed the placement of a Porter County juvenile in the Indiana Department of Correction following the failure of numerous and intensive rehabilitation efforts and lesser restrictive placements.
7th Circuit delays removal of Ethiopian immigrant at risk of torture in homeland
The 7th Circuit Court of Appeals has temporarily halted the removal of an Indiana immigrant to Ethiopia after it found credible his fear of torture if he is returned to the African country.
Reversal: Danville officer violated woman’s Fourth Amendment rights during traffic stop
A Danville police officer who conducted a dog sniff during a traffic stop violated a woman’s Fourth Amendment rights, the Court of Appeals of Indiana has concluded, reversing the denial of her motion to suppress.
U.S. Supreme Court limits reach of federal gun crime law
The U.S. Supreme Court on Tuesday limited the reach of a federal statute that requires stiff penalties for crimes involving a gun.
U.S. Supreme Court rejects Bayer’s bid to stop Roundup lawsuits
The U.S. Supreme Court has rejected Bayer’s appeal to shut down thousands of lawsuits claiming that its Roundup weedkiller causes cancer.
Indiana Court Decisions: June 2-15, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Opinions June 17, 2022
Court of Appeals of Indiana
Donnell Goston Sr., et. al v. State of Indiana, et al.
21A-CT-2484
Civil tort. Affirms the grant of summary judgment for the Indiana Department of Child Services and other state defendants on father Donell Goston Sr.’s negligence complaint. Finds the Marion Superior Court didn’t err in allowing DCS to file a third motion for summary judgment as the motion addressed grounds not previously brought by the agency. Also finds the Notice Statute doesn’t allow a private right of action, and the Legislature didn’t intend for the law to allow it to do so.
Indiana Supreme Court relies on COA analysis in ruling for insurer in drunken driving case
Adopting the efficient and predominant cause analysis, the Indiana Supreme Court has found an insurance company did not have a duty to defend two Kokomo bars and their owner who are alleged to have continued serving alcohol to an inebriated patron who subsequently got into a drunken driving accident.
COA rules for DCS in negligence complaint after dad wasn’t notified of injury reports
An Indiana father who wasn’t notified that the Indiana Department of Child Services assessed allegations of abuse and neglect until two years after his twins were injured couldn’t convince the Court of Appeals of Indiana that the agency should be found negligent.
Opinions June 16, 2022
Court of Appeals of Indiana
Anthony Brahimsha v. Mariana Vallejo (mem. dec.)
21A-DC-2812
Domestic relations with children. Affirms the Jasper Circuit Court’s division of the marital estate arising from the dissolution of marriage between Anthony Brahimsha and Mariana Vallejo. Finds the trial court did not abuse its discretion by including a $70,000 loan and a vehicle in the marital pot or by omitting the value of the parties’ personal assets from the marital estate. Also finds the trial court did not err in finding that Wife had dissipated marital assets. Finally, finds the trial court did not err when it deviated from an equal division of the marital estate.
Justices dismiss Trump-era immigration case, in a Biden win
The U.S. Supreme Court said Wednesday it was wrong to wade into a dispute involving a Trump-era immigration rule that the Biden administration has abandoned, so the justices dismissed the case.
High court rules against government on drug reimbursement
The U.S. Supreme Court said Wednesday that the federal government improperly lowered drug reimbursement payments to hospitals and clinics that serve low-income communities, a reduction that cost the facilities billions of dollars.
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.
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.