Zionsville mayor can’t demote fire chief without town council’s approval, COA affirms
The mayor of Zionsville cannot unilaterally demote the town’s fire chief without approval from the town council, the Court of Appeals of Indiana has affirmed.
Court opinions
Articles
Opinions Feb. 4, 2022
Court of Appeals of Indiana
Peggy Sue Higginson v. State of Indiana
21A-CR-1169
Criminal. Reverses the Posey Superior Court’s grant of the state’s motion to exclude expert witness testimony for Peggy Higginson on the basis that the expert’s anticipated testimony concerning Higginson’s PTSD diagnosis was inadmissible to support a claim of self-defense. Finds that Higginson may use effects-of-battery evidence in her self-defense claim. Also finds that Dr. Polly Westcott may testify as to evidence that relates to the general reasonableness of one’s apprehension of fear, given the psychological trauma which comes from battery, but may not reach an ultimate factual determination exclusive to the jury. Remands for further proceedings.
Justices grant transfer in computer trespassing case, split in denial of several others
Indiana Supreme Court justices have declined transfer to more than a dozen cases, splitting in their decisions for several of them. However, the high court agreed to hear one case involving computer trespassing.
Supreme Court affirms trial court’s denial of bail modification for teen
Upholding the trial court’s refusal to reduce the bond or grant conditional release to a teenager connected to a home invasion, the Indiana Supreme Court has also chided the Court of Appeals of Indiana for reversing the trial court and issuing a ruling that required the teen to be released immediately.
7th Circuit affirms, reverses on ‘bona fide error’ defense in consolidated debt suits
Two Indiana women who disputed debts they allegedly owed to debt-collection companies received conflicting results from the 7th Circuit Court of Appeals in a consolidated Wednesday decision.
Appellate panel denies targeted approach in criminal recklessness ruling
A LaPorte County man who fired a shotgun into a pickup truck then argued his action did not trigger precedent was unable to get the Court of Appeals of Indiana to narrow the scope of the previous ruling and overturn his felony conviction.
7th Circuit upholds life sentence for Hoosier man in child sex crimes case
A life sentence has been upheld against an Indiana man convicted of a dozen crimes related to his production and possession of child pornography.
COA reverses for Madison man removed from community boards by mayor
A Madison man who was removed from two community boards by the mayor after a heated exchange during a public meeting could still be reinstated after a split Court of Appeals of Indiana found multiple errors were made by the trial court in its legal reasoning for denying him injunctive relief.
7th Circuit: No ‘qualitative’ limitations in disability denial
An Indiana woman who was denied Social Security disability benefits failed to convince the 7th Circuit Court of Appeals that an administrative law judge erred by not considering the mental difficulty she experienced when being around more than five people at once.
Court rejects CenterPoint’s billing method for solar power
The Indiana appeals court has ruled in favor of consumer advocacy groups that challenged a change in the way a southwestern Indiana utility bills customers who have solar panels.
Indiana Court Decisions — Jan. 13-26, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Indiana justices’ opinion in ‘revenge porn’ case lauded
Academics and lawyers specializing in free speech and cyber civil rights issues are hailing a recent Indiana Supreme Court ruling regarding the sharing of nonconsensual pornographic images.
Justices order for resentencing of drunken driver
A Logansport man who was charged with drunken driving without a license with his three young grandchildren in his vehicle will be resentenced after the Indiana Supreme Court found “multiple irregularities” in his original sentencing.
COA reverses judgment for general contractor in dispute with loan broker
The Court of Appeals of Indiana has reversed for a general contractor after it found the Marion Superior Court erroneously awarded a mortgage servicer judgment in a breach-of-contract dispute.
COA affirms felony auto theft conviction, habitual offender finding
A Lawrence County man has failed in his bid to overturn his auto theft conviction and habitual offender status, despite his argument that the ruling produced an improper double enhancement.
COA upholds denial of guardianship petition filed by child’s de facto guardians
The Court of Appeals of Indiana has affirmed the denial of a couple’s petition for guardianship of a child for whom they served as de facto custodians, finding that guardianship was not in the child’s best interests.
False-statement conviction vacated for double jeopardy after woman falsified form to recover grandfather’s handgun
A woman who provided false information on a document to recover a handgun she had pawned was wrongly convicted on double jeopardy grounds, according to the Court of Appeals of Indiana. However, one of the woman’s two felony convictions will not be vacated.
Michigan settlement lets faith agencies deny LGBT adoptions
Faith-based adoption agencies that contract with the state of Michigan can refuse to place children with same-sex couples under a proposed settlement filed in federal court Tuesday, months after the U.S. Supreme Court ruled for a Catholic charity in a similar case.
Defendant wins exclusion of breath-test results in traffic infraction case
A man who sought to suppress evidence of his alcohol concentration equivalent during prosecution for a traffic infraction has secured a reversal from the Court of Appeals of Indiana.
COA affirms expungement denial following remand from Supreme Court
The Court of Appeals of Indiana has affirmed the denial of a man’s expungement petition for a violent burglary he took part in two decades ago following a remand from the Indiana Supreme Court.