Appellate court declines to issue ‘advisory’ opinion in estate dispute
The Indiana Court of Appeals on Thursday granted rehearing in an estate case to reiterate that it does not issue advisory opinions.
Court opinions
Articles
COA vacates judgment for hospital, dismisses sepsis theory in widow’s med-mal complaint
A sepsis theory included in a widow’s medical malpractice claim has been ordered dismissed by the Indiana Court of Appeals after it found a Steuben County court lacked jurisdiction to enter partial summary judgment on that portion of the claim.
Opinions July 7, 2021
Craig Blackwell v. Superior Safe Rooms, LLC, et al.
20A-PL-02081
Civil plenary. Reverses the denial of Craig Blackwell’s motion to pierce judgment of defendant’s – Superior Safe Rooms, LLC – corporate veil and hold garnishee defendants – Superior, Wharff Excavating, LLC, Michael M. Wharff, and John H. Byers –liable for plaintiff’s judgment. Finds the Hendricks Circuit Court erred when it failed to find as a fact that the contract for the safe room was between Blackwell and Superior, failed to make necessary findings, as requested by Blackwell, about factors relevant to disregarding Superior’s corporate form. Also finds the trial court clearly erred in concluding “Blackwell presented no evidence that any of the Aronson vs. Price, 644 N.E.2d 864, 867 (Ind. 1994)… factors CAUSED [his] damages.”
Voting rights ruling increases pressure on Democrats to act
Congressional Democrats are facing renewed pressure to pass legislation that would protect voting rights after a Supreme Court ruling made it harder to challenge efforts to limit ballot access in many states.
Indiana Court Decisions – June 17-30, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Opinions July 6, 2021
Indiana Court of Appeals
Charles William Smith, Jr. v. State of Indiana (mem. dec.)
20A-CR-2311
Criminal. Affirms Charles Smith Jr.’s conviction for Level 2 felony dealing in cocaine. Finds Smith unambiguously waived his right to be free from searches without reasonable suspicion as a condition of his placement in community corrections, so Marion County Community Corrections had Smith’s consent to search his residence. Also finds sufficient evidence to support the conviction.
Supreme Court rules against inmate in death penalty case
The U.S. Supreme Court has ruled against an Alabama inmate whose lawyers argued that his trial counsel should have done more to try to show he is intellectually disabled and therefore he should be spared a death sentence.
US Supreme Court backs Minnesota Amish in septic tank fight
The U.S. Supreme Court sided Friday with members of an Amish group in Minnesota who are fighting efforts by authorities to compel them to install septic systems, sending their appeal back to a state court for reconsideration in light of the high court’s recent ruling in a religious freedom case.
Opinions July 1, 2021
The following Indiana Supreme Court opinion was posted after IL deadline on Wednesday:
Kevin Charles Isom v. State of Indiana
45S00-1508-PD-00508
Post conviction. Affirms the post-conviction court’s judgment against Kevin Isom. Finds the post-conviction court was correct to hold Isom to his burden of presenting developed legal theories and establishing the grounds for relief. Finds Isom has not established that the post-conviction court erred on multiple grounds, including in denying his renewed motion for a competency hearing; denying his discovery request for the State’s lethal-injection protocol and finding execution-validity challenge waived; denying his discovery request for juror contact information and finding issue waived; limiting the testimony of two expert witnesses; and finding his challenge to his petition’s filing date waived.
Supreme Court upholds Arizona voting restrictions
The Supreme Court on Thursday upheld voting restrictions in Arizona in a decision that could make it harder to challenge other voting measures put in place by Republican lawmakers following last year’s elections.
High court: California can’t collect charity top donor names
The Supreme Court on Thursday ordered California to stop collecting the names and addresses of top donors to charities.
Federal judge blocks ‘abortion reversal’ disclosure requirement
A federal judge has blocked a new Indiana law that would have required abortion providers to inform patients about the possibility of “reversing” a medication abortion. The Wednesday ruling prevents House Enrolled Act 1577 from taking effect tomorrow as scheduled.
Opinions June 30, 2021
Indiana Supreme Court
Jeffrey B. Cutchin v. Amy L. Beard
21S-CQ-48
Certified question. Finds the Indiana Medical Malpractice Act applies when a plaintiff alleges that a qualified health care provider treated someone else negligently and that the negligent treatment injured the plaintiff. Declines to answer the question of whether the act prohibits the Patient’s Compensation Fund from contesting the act’s applicability to a claim after the claimant concludes a court-approved settlement with a covered health care provider. Justice Steven David concurs in result with separate opinion.
7th Circuit upholds competency finding in ‘zig-zag’ weapons case
The 7th Circuit Court of Appeals has upheld a finding that a defendant facing a weapons charge was competent to stand trial despite defense counsel’s insistence to the contrary.
IN Supreme Court: ‘Patient’ under med-mal act includes third-party plaintiffs
Answering a question posed by the 7th Circuit Court of Appeals, the Indiana Supreme Court on Wednesday ruled that Indiana’s Medical Malpractice Act applies to cases where a third-party plaintiff alleges that negligent treatment to someone else resulted in injury to the plaintiff. One justice, however, cautioned against the expansion of the Medical Malpractice Act.
Tax Court denies exemption to owners of lakefront property partially controlled by feds
A lakefront property owner who claimed the government’s partial use of her land entitled her to a property tax exemption failed in her bid for relief at the Indiana Tax Court.
Supreme Court leaves CDC eviction moratorium in place
The Supreme Court is leaving a pandemic-inspired nationwide ban on evictions in place, over the votes of four objecting conservative justices.
Supreme Court says no right to hearing for some immigrants
The Supreme Court ruled Tuesday that the government can indefinitely detain certain immigrants who say they will face persecution or torture if they are deported to their native countries.
Supreme Court won’t sidetrack plans for natural gas pipeline
The Supreme Court sided Tuesday with a pipeline company in a dispute with New Jersey over land the company needs for a natural gas pipeline.
Opinions June 29, 2021
Indiana Supreme Court
Russell G. Berg v. Stacey L. Berg
21S-DC-320
Domestic relations with children. Affirms the award of half of Russell Berg’s stock to his ex-wife Stacey Berg. Finds that documents produced in anticipation of mediation fall under the confidentiality requirement of settlement negotiations. Also finds that the Allen Circuit Court erroneously admitted a marital balance sheet prepared for mediation to allow Stacey to avoid the parties’ settlement agreement. Finally, finds the trial court incorrectly determined that fraud, constructive fraud, mutual mistake or representation had occurred, but did not abuse its discretion in finding that Russell breached the warranty clause of the agreement.