Portland woman’s conviction upheld in death of child’s father
The Indiana Court of Appeals has upheld the murder conviction of a woman who arranged the killing of her young daughter’s father amid a custody battle over the child.
Court opinions
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Opinions Nov. 17, 2021
Court of Appeals of Indiana
Tracey Wheeler v. State of Indiana and Indiana Department of Corrections
21A-MI-1175
Miscellaneous. Reverses the Perry Circuit Court’s dismissal of a negligence complaint by prisoner Tracey Wheeler against the Indiana Department of Correction and remands for further proceedings. Finds Wheeler adequately stated a cause for negligence and the DOC appeared to concede as much by abandoning their challenge to the sufficiency of the allegations. Also finds Wheeler was not required to plead exhaustion of remedies to state a claim for relief. Affirms the dismissal of any other putative claims contained in the complaint by Wheeler.
Appellate court affirms denial of Georgia bank’s motion for dismissal in garnishment case
A Georgia-based bank waived its right to claim the Marion Superior Court lacked personal jurisdiction over a garnishment case after it placed a hold on a bank account and responded to interrogatories without objection, the Court of Appeals of Indiana has affirmed.
COA allows prisoner’s negligence complaint to proceed
The Court of Appeals of Indiana is allowing a negligence complaint by a prisoner against the Indiana Department of Correction to proceed, partially reversing a dismissal by the Perry Circuit Court.
Opinions Nov. 16, 2021
Indiana Court of Appeals
In Re the Matter of: Paternity of W.M.T., Elizabeth Jackson v. Sharon Thomas
21A-JP-57
Juvenile paternity. Affirms the Hancock Superior Court’s order awarding custody of W.M.T. to Sharon Thomas, the order for Elizabeth Jackson to pay child support to Thomas and the denial of Jackson’s request for attorney fees. Finds the trial court did not abuse its discretion when it admitted certain challenged evidence, nor did it err when it determined that Thomas was W.M.T.’s de facto custodian and that modification of W.M.T.’s custody was in the child’s best interests. Also finds the trial court didn’t err when it excluded W.M.T.’s survivor benefits from the child support calculation. Finally, finds the trial court didn’t abuse its discretion when it denied Jackson’s request for attorney fees.
Division of deceased couple’s estate will stand despite omission in COA decision
Despite a portion of a deceased couple’s will being omitted from a Court of Appeals of Indiana opinion, the appellate court’s original decision does not need to be reversed, the COA held in a Tuesday opinion on rehearing.
COA affirms custody, child support awarded to grandmother after child’s father dies
The Court of Appeals of Indiana rejected multiple arguments in a mother’s appeal for the custody of her child Tuesday, affirming the Hancock Superior Court’s ruling that it’s in the best interest of the child to live with his paternal grandmother and that the mother must pay child support despite the child receiving survivor benefits.
Opinions Nov. 15, 2021
Indiana Court of Appeals
Aberdeen Apartments II LLC v. Jessica Miller
21A-CT-1263
Civil tort. Affirms the award of judgment to Jessica Miller against Aberdeen Apartments II and the denial of Aberdeen’s motions to correct error and for relief from judgment after Miller injured herself following a slip-and-fall accident. Finds Aberdeen did not negate the breach element of Miller’s negligence claim, and the Hendricks Superior Court did not err when it denied Aberdeen’s summary judgment motion. Also finds the trial court did not abuse its discretion when it denied Aberdeen’s Trial Rule 60(B)(3) motion to set aside the judgment, or when it denied Aberdeen’s motion to correct error.
Appellate court upholds $80k award for icy slip-and-fall accident victim
A Mooresville apartment complex could not convince the Court of Appeals of Indiana that it was not responsible for the injuries caused to a visitor during an icy slip-and-fall accident on its property.
Opinions Nov. 12, 2021
Court of Appeals of Indiana
Benjamin Coplan, M.D., Laxeshkumar Patel, M.D., John Schiltz, M.D., Christine Tran, M.D., Community Health Network, Inc., d/b/a Community Hospital Howard Regional Health Hospital and Community Howard Behavioral Health, Community Physicians of Indiana, Inc., d/b/a Community Physician Network, Community Howard Regional Health, Inc., Timothy Held, P.A., and Medical Associates LLP v. Betty Miller, Individually and as Personal Representative of the Estate of John Allen Miller
21A-CT-406
Civil tort.
Affirms the denial of summary judgment to Drs. Benjamin Coplan, Laxeshkumar Patel, John Schiltz and Christine Tran, Community Hospital Howard Regional Health Hospital and Community Howard Behavioral Health, Community Physician Network, Community Howard Regional Health Inc., Timothy Held and Medical Associates LLP in a dispute with Betty Miller, individually and as personal representative of the estate of John Allen Miller. Finds that the imminent danger prong in Indiana Code § 34-30-16-1 allows consideration of all Zachary Miller’s conduct and statements during the month leading up to John’s murder. Also finds the providers are not entitled to summary judgment because the providers do not dispute that the totality of Zachary’s conduct and statements over that period could lead a reasonable trier of fact to find an imminent danger existed. Finally, finds physician assistants are not mental health service providers and thus are not entitled to the protections of I.C. 34-30-16-1.
COA: Hospitals not entitled to summary judgment in mental-heath slaying case
The Court of Appeals of Indiana has affirmed the denial of summary judgment for several hospital defendants sued by a woman whose husband was murdered by their mentally ill grandson soon after he was discharged.
7th Circuit considering dispute over Lake Michigan access
A federal appeals court appeared unlikely to disturb a 2018 Indiana Supreme Court ruling that held that the shoreline of Lake Michigan is, and always has been, owned by the state for the public’s use.
COA affirms denial of guardianship for 95-year-old veteran but reverses attorney fees award
The Indiana Court of Appeals has affirmed the denial of a guardianship petition for an elderly Vincennes man who revoked a former friend’s position as his power of attorney. However, the appellate court reversed an award of more than $70,000 in attorney fees he requested.
Eminent domain reversed for failure to give proper notice
The Gary Housing Authority, which tried to exercise eminent domain and take a property with an appraised value of $325,000 for $75,000, will have to cancel the demolition crew after the Court of Appeals of Indiana found the agency failed to give at least 30 days’ notice of its plans.
COA denies appeal by man who murdered Goshen College professor
An Indiana man convicted of murdering a Goshen College professor and who also attempted to murder the teacher’s wife should remain behind bars for life, the Court of Appeals of Indiana ruled Wednesday.
Opinions Nov. 9, 2021
Indiana Court of Appeals
Financial Center First Credit Union v. Miguel Rivera
21A-CC-845
Civil collection. Affirms the Marion Superior Court’s denial of Financial Center First Credit Union’s motion to compel arbitration and to stay proceedings. Finds the credit union introduced ambiguity on appeal as to whether it sought to compel arbitration of just Miguel Rivera’s underlying individual claim or of the amended counterclaim as a whole, including the class action allegations. Also finds the credit union cannot arbitrate Rivera’s individual claim because it had already answered the claim and then filed for summary judgment. Finally, finds the credit union cannot arbitrate Rivera’s class action claim because the plain language of the contract states class action claims cannot be arbitrated.
Reversal granted for woman in estate heirship dispute
The Court of Appeals of Indiana on Tuesday reversed a decision finding that a woman is not an heir to her grandfather’s estate and should not inherit from him because she failed to provide sufficient evidence to prove her paternity.
COA: Credit union’s arbitration request too late
Describing a financial institution’s appeal as “introducing an ambiguity,” the Court of Appeals of Indiana clearly saw the attempt to make a customer arbitrate a dispute as being both too late and barred by the contract language.
COA reduces juvenile’s nearly-max adult murder sentence
A nearly maximum adult sentence for a 13-year-old’s murder conviction was an outlier needing leavening, the Court of Appeals of Indiana ruled in a Thursday reversal.
Opinions Nov. 3, 2021
Indiana Court of Appeals
Christopher Allen Duncan; Patel’s Palace LLC, d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators, LLC, Rupal Patel, and Christopher Zorman v. Barton’s Discounts, LLC
21A-PL-211
Civil plenary. Affirms on interlocutory appeal an order from the Marion Superior Court granting Barton’s Discounts LLC’s motion to compel in part documents from Christopher Allen Duncan, Patel’s Palace LLC d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators LLC, Rupal Patel and Christopher Zorman. Also affirms its order for the appellants to produce all responsive, unredacted documents requested by Barton’s discovery request. Finds no abuse of the trial court’s discretion.