Neither an assessor nor a longtime northern Indiana shopping mall met their burdens of proof in an appeal contesting tax assessments of the mall’s property for 2015 and 2016, the Indiana Tax Court concluded, ordering for the assessments to revert back to their 2010 value.
Court of Appeals of Indiana
Abram Lamar Glover v. State of Indiana
21A-CR-1422
Criminal. Affirms Abram Glover’s convictions for Level 6 felony strangulation and Level 6 felony domestic battery. Finds the Knox Superior Court did not abuse its discretion in how it regulated the form and substance of Glover’s jury selection or when it denied Glover’s motion for a mistrial and instead admonished the jury not to consider E.A.’s statement. Also finds the state’s comment in its opening statement was not prosecutorial misconduct and that it did not place Glover in “a position of grave peril to which he would not have been subjected otherwise.”
Finding no prosecutorial misconduct or circumstances warranting a mistrial, the Court of Appeals of Indiana has affirmed a man’s two felony convictions following a domestic violence incident.
7th Circuit Court of Appeals
Nickolas Seekins v. CHEP USA and CHEP Recycled Pallet Solutions, LLC
20-3270
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms the Indiana Southern District Court’s grant of summary judgment to CHEP USA and CHEP Recycled Pallet Solutions in a dispute with Nickolas Seekins. Finds CHEP did not owe Seekins a duty of care under Indiana negligence law after his lost his foot in a work-related accident. Also finds the district court did not err in granting summary judgment to CHEP.
The city of Gary can roll out the welcome mat once again after the Court of Appeals of Indiana found that much of its welcoming ordinance did not violate state law.
A pallet company did not owe a duty of care to a man whose foot was crushed and amputated after he was injured while operating a machine used to lift and transport pallets, the 7th Circuit Court of Appeals has affirmed.
An injured motorist who crashed his car into a tree after hydroplaning on Interstate 74 during a downpour did not convince the Indiana Supreme Court that his negligence suit against the Indiana Department of Transportation should proceed.
Immunity for the Indiana Department of Transportation against a motorist’s personal injury lawsuit wasn’t appropriate because the agency knew of flooding issues on a northern Indiana highway for years and failed to remedy the problem before a woman was injured after her vehicle hydroplaned, a split Indiana Supreme Court has ruled.
A Texas judge said Thursday the enforcement mechanism behind the nation’s strictest abortion law — which rewards lawsuits against violators by awarding judgments of $10,000 — is unconstitutional in a narrow ruling that still leaves a near-total ban on abortions in place.
A federal appeals court ruled Thursday against an effort by former President Donald Trump to shield documents from the House committee investigating the Jan. 6 insurrection at the Capitol.
A man convicted on multiple drug charges has secured a partial reversal after the Court of Appeals of Indiana determined that evidence obtained from a drug information website was inadmissible at his trial.
A hospital group and its former employee at odds over her unauthorized access of confidential patient records aren’t quite finished with their legal battle, the Court of Appeals of Indiana ruled Wednesday.
A contractor’s counterclaims against a group of property owners will not move forward after the Court of Appeals of Indiana determined a trial court didn’t err when it granted partial summary judgment to the owners because the contractor tendered fraudulent documents.
In a case of first impression, a split Indiana Supreme Court adopted the Savage rule in finding that Celadon Group was not liable for injuries a truck driver sustained when he opened the doors of a trailer and a load of “used, oily trays” fell on him.
Since March 2020, attorney Kathryn DiNardo has taken up dozens of cases through the Indiana Federal Community Defenders from inmates hoping to be released early because of the pandemic. Those cases are but a drop in the bucket of inmates who have applied for compassionate release, and a July ruling from the 7th Circuit Court of Appeals has seemingly further dwindled their chances of success.
Read Indiana appellate court decisions from the most recent reporting period.
The 7th Circuit Court of Appeals is sending an excessive force case back down to the U.S. District Court for the Southern District of Indiana after it found the district court erroneously awarded summary judgment to an Indianapolis police officer and the city.
Court of Appeals of Indiana
State of Indiana v. Brian Koorsen and Kelly Hoffman
20A-PL-2306
Civil plenary. Reverses the Hamilton Superior Court’s decision that landowners Brian Koorsen and Kelly Hoffman accepted the state of Indiana’s $45,000 settlement offer and were entitled to an additional $171,640.56 in litigation expenses. Finds that because the landowners did not mutually assent to the state’s offer to settle the cause for $45,000, the trial court erred in entering a judgment against the state for $216,640.56. Remands for further proceedings.
No settlement agreement was reached between the state of Indiana and two Carmel landowners who brought an inverse condemnation action costing the state more than $200,000, the Court of Appeals of Indiana ruled in a Wednesday reversal.
A man charged with the murder of his 12-year-old son won a partial reversal from the Court of Appeals of Indiana after his motion to suppress evidence against him was denied.