Indiana Court Decisions – July 2–17, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
Widower can seek excess damages in med-mal complaint, COA rules
A widower may pursue excess damages from the Indiana Patient’s Compensation Fund upon the Indiana Court of Appeals’ finding that nothing in the Medical Malpractice Act requires him to accept a settlement offer from the doctor he alleged was responsible for his wife’s death.
COA affirms breach of contract, reverses malicious prosecution rulings
The Indiana Court of Appeals has partially affirmed a ruling against an automotive maintenance company in a breach of contract dispute with its landlord, while reversing in the company’s favor on its malicious prosecution claims.
COA will hear free speech appeal in Facebook harassment case
An angry mother who made threatening posts on social media toward a police officer after the death of her son is now appealing her harassment conviction, arguing her free speech rights were violated.
Man’s ‘barely legible’ suit against judge, clerk, DOC staff rightly tossed
Despite recent changes to the Indiana Code of Judicial Conduct meant to aid pro se litigants’ ability to be heard in court, an appellate panel ruled Friday that an inmate’s suit against a judge, a clerk and others was so confusing and repetitive that it was rightly dismissed.
Appeals panel rejects man’s challenge of child molestation conviction
A man convicted of Level 1 felony child molesting and sentenced to 48 years in prison failed to convince the Indiana Court of Appeals that his victim’s medical report was improperly admitted or that her testimony was incredibly dubious.
Justices reject man’s appeal in death of toddler
The Indiana Supreme Court will not hear the appeal of a northern Indiana man who was sentenced to 65 years in prison for the beating death of a 2-year-old left in his care. Justices denied a transfer petition sought in the case of Trevor Wert v. State of Indiana, 19A-CR-92, in which the Indiana Court of Appeals affirmed Trevor Wert’s murder conviction in the beating death of Railee Ewing.
COA rejects double jeopardy argument in McDonald’s shooting
A man convicted in a shooting at a Vigo County McDonald’s has lost his appeal of his criminal recklessness conviction, with the Indiana Court of Appeals rejecting his double jeopardy argument.
Ex-basketball coach loses child seduction appeal
A former Mishawaka High School assistant girls basketball coach failed to persuade the Indiana Court of Appeals to reverse his child seduction conviction for a sexual relationship he had with a 17-year-old player he had coached since at least Grade 8.
COA: Dog sniff didn’t unlawfully prolong traffic stop
A traffic stop that led to a man’s marijuana convictions was not unlawfully prolonged by a dog sniff, the Indiana Court of Appeals has ruled, so evidence found as a result of the sniff was not improperly admitted at trial.
Reversal: Probate court must consider ex’s purported will
The ex-wife of a man who died in June 2018 will be permitted to enter into probate court a document she contends is her ex-husband’s will, the Indiana Court of Appeals ruled Monday, reversing a trial court order that determined the man had died without leaving a will.
In Utica billboard fight, COA reverses order for attorney fees
An acrimonious court fight over seven billboards outside Utica, Indiana, will not conclude with a military reuse authority paying attorney fees to the entities it sued, as a trial court ordered. The Indiana Court of Appeals on Monday reversed an order for the suing party to pay more than $237,000 to opposing counsel in litigation over highway sign permits in Clark County.
Court must consider competency in community corrections revocation, COA says
A convicted robber whose community corrections placement was revoked was denied due process because a court failed to consider his competency after evaluations had been ordered, the Indiana Court of Appeals ruled.
Divided COA upholds drug, firearm convictions, can’t solve gun ‘conundrum’
Though the warrantless search that led to a man’s drug- and firearm-related convictions was lawful, a divided panel of the Indiana Court of Appeals was stumped on how to resolve the “conundrum” of when or if the man’s gun can be returned to him.
COA: Claim of man killed by kick falls under Medical Malpractice Act
A man’s estate could not convince an appellate panel that a psychiatric center where he was staying was liable for his death based on the theory of premises liability after he died from injuries sustained after he was kicked by an employee.
Father loses custody appeal despite consideration of active-duty status
An Indiana trial court improperly considered a father’s active duty status when awarding custody of his child to his estranged wife, but that error does not change the custody determination, the Indiana Court of Appeals has ruled.
Motion to suppress properly denied in domestic violence case
Motions to suppress evidence against the defendant in a Gibson County domestic violence case were properly denied, the Indiana Court of Appeals ruled Thursday, finding the aggressor’s rights were not violated during the initial police response to the domestic violence call.
COA upholds seizure of pot dealer’s cash, but not truck
The Rush County prosecutor will be allowed to keep $22,907 in cash seized from a local marijuana dealer’s home safe that also contained his weed stash, the Indiana Court of Appeals ruled Thursday, but the state will have to return some seized property and also may have to return the man’s truck.
Indiana Court Decisions — June 20-July 1, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Man’s 17½-year sentence upheld for dealing meth
A sentence of 17½ years for a man convicted of dealing methamphetamine has been upheld, after the Indiana Court of Appeals found he was dealing in amounts “well above the statutory requirement.”