Indiana Court Decisions — June 5-19, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
Trial and error: Attorneys navigate e-filing errors, but clerks say rejections infrequent
Lawyers and paralegals largely agree that electronic filing has improved their work, cutting the time and cost of printing and distributing hundreds or even thousands of paper documents. But enjoying the full benefits of the electronic system, they say, is a matter of trial and error.
Justices deny transfer to 2 cases that split COA
The Indiana Supreme Court considered and denied 18 petitions for transfer last week, including two cases that drew concerns from members of the Indiana Court of Appeals.
Reversal: Insufficient evidence to support termination of mother’s rights
A mother’s efforts to get her life back on track and reunite with her daughter were recognized by the Indiana Court of Appeals on Friday, which reversed an order terminating the mother’s parent-child relationship for insufficient evidence.
‘Insanity’ judgments excluded ‘convictions’ under expungement statute, COA rules
An appellate panel has determined that individuals adjudicated as not responsible by reason of insanity may not have that finding expunged from their records pursuant to Indiana Code section 35-38-9- 1. It thus rejected a man’s request to have his murder charge removed from his record.
Appellate court reverses denial of request for third-party trustee
The Indiana Court of Appeals has reversed the denial of a woman’s request for a neutral third party to replace her brother-in-law as the personal representative and trustee of her father’s estate.
COA reverses $66K restitution order for insufficient evidence
A father will still get time behind bars for failing to pay at least a decade’s worth of child support, but questions as to how much he owes led to the reversal of his more than $66,000 restitution order on Friday.
Appellate court upholds denial of stepmother’s adoption petition
A Hendricks County stepmother cannot adopt her husband’s son because the child’s mother was justified in her failure to regularly communicate with the child for several years, the Indiana Court of Appeals has ruled.
COA allows transgender women to seal name-change records
Two transgender individuals seeking to keep private their name and gender marker change actions will be able to seal their case records after the Indiana Court of Appeals reversed trial court rulings requiring the transgender women to publish notice of the changes.
COA reduces counts in armed burglary of elderly Franklin couple
A man’s burglary conviction has been reduced from a Level 1 felony after he broke into an elderly couple’s Franklin home and bound them at gunpoint before stealing weapons, money and their car. An appellate panel concluded that injury to the elderly man’s mind did not qualify as a bodily injury.
Evidence supports convictions in Evansville auto-theft case
Auto-theft convictions have been upheld for a man who unsuccessfully argued that a vehicle he stole didn’t belong to its rightful owner. The man also failed to convince the Indiana Court of Appeals that the vehicle was worth less than the amount he was ordered to pay in restitution.
BMV’s ‘Barney Fife’ argument wins in hurricane-damaged car title suit
Mayberry justice prevailed on appeal in a Morgan County case over whether vehicles damaged by Hurricane Harvey in 2017 and declared junk by the state of Texas ought to be issued titles in Indiana.
$240K in damages upheld in Golden Corral food poisoning
An award of damages has been upheld for a woman who alleged negligence against a Golden Corral restaurant after she consumed undercooked chicken wings from its buffet that resulted in food poisoning and injuries requiring multiple surgeries.
Reversal: Insurance company has no duty to indemnify homeowner after child’s accident
An insurance company will not have to defend a man being sued for negligence after a toddler was injured on his property because the toddler was exempt from coverage under the man’s insurance policy, the Indiana Court of Appeals has ruled.
COA upholds attempted murder conviction based on video evidence
A man convicted of attempted murder after shooting at another man also holding a gun has failed to convince the Indiana Court of Appeals that his conviction should be thrown out on self-defense grounds.
COA calls out court that ‘respectfully disagrees’ in CHINS case
The Indiana Court of Appeals has dismissed as moot a CHINS appeal while also calling out a trial court magistrate and judge for disregarding the appellate court’s decisions regarding the Interstate Compact on the Placement of Children.
Burglary conviction stands against cross-examination appeal
The burglary conviction of a South Bend man who broke into his brother-in-law’s bar where he once had worked and wrote out a check to a third party was affirmed Wednesday. The burglar argued on appeal that he had wrongly been denied an opportunity to cross-examine the third party about his criminal past.
COA affirms CHINS adjudication in timeliness argument
The Indiana Court of Appeals has affirmed a child in need of services adjudication after concluding the dismissal sanction for failure to timely conduct a CHINS factfinding hearing is not a mechanism to collaterally attack a CHINS adjudication.
Citing evidence error, COA remands family farm dispute
The Indiana Court of Appeals reversed and remanded the denial of two siblings’ motion for summary judgment against their brother in a family trust case, finding that the trial court erred by considering evidence that had not been designated.
Ruling for car dealership upheld, but COA chides defense
Judgment will stand for an Indianapolis car dealership that serviced an airbag that later did not deploy in a crash that seriously injured a driver, but an appellate panel took a swipe at how the prevailing argument had been presented.