Man loses appeal to disinter relative from family plot
A man who claims his cousin’s ex-wife was wrongfully buried in a family plot in a northern Indiana cemetery lost his appeal of a trial court decision to let the woman continue to rest in peace.
Indiana Court of Appeals
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Judgment against casino as discovery sanction affirmed
Finding a Lake Superior judge properly ordered summary judgment against a casino as a sanction for dragging its feet on discovery in an elderly man’s negligence complaint filed after a fall, the Indiana Court of Appeals affirmed and sent the case back to determine the man’s damages.
COA to travel for three arguments next week
Three Appeals on Wheels oral arguments will be heard next week, involving wrongful termination of a hospital employee, suppression of evidence from a pat-down search and a hotel’s appeal of granted possession.
Easement allows surrounding properties access, COA rules
The Indiana Court of Appeals affirmed a trial court order determining that a mulch business could have access to an easement owned by a neighboring property, finding that the easement was for the benefit of all surrounding properties.
Appeals court allows class action against Mishawaka car dealer to continue
A Mishawaka car dealership failed to convince the Indiana Court of Appeals that it was wrongly denied its motion to dismiss a class action complaint from several angry customers after the panel found general allegations of uncured and incurable acts against the dealership were enough for dismissal.
Ex-husband’s due process rights not violated by invasion of privacy statute
A man who argued his constitutional right to have an intimate relationship with his ex-wife had been violated was denied an appeal of his invasion of privacy conviction when the Indiana Court of Appeals found the privacy statute did not directly interfere with his fundamental rights.
COA upholds TPR ruling after parents’ continued substance abuse
Parents arguing the termination of their parental rights was not in the best interest of their minor child lost their argument when the Indiana Court of Appeals found their ongoing substance abuse issues had not improved over time.
Justices grant transfer in 2 cases, deny legal malpractice case
The Indiana Supreme Court has agreed to consider two cases involving seized cash and an extended protective order while also denying transfer to a legal malpractice case resolved in favor of a Bloomington attorney.
Indiana Court Decisions — Feb. 14-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Charlestown residents challenging sale of water utility
A group of residents from Charlestown is challenging the sale of the local water utility to Indiana-American Water, a transaction that comes with a $13.4 million price tag. Charlestown officials say the sale will improve the local water quality in the long run while mitigating rate increases, but the challenging residents claim the opposite.
SCOTUS decision in Timbs civil forfeiture case just a start
The US Supreme Court decision in a landmark Indiana civil forfeiture case ruled that the Eighth Amendment Excessive Fines Clause is incorporated to the states, but Justice Ruth Bader Ginsburg’s opinion declined to answer one key question: When does the Eighth Amendment prohibit civil forfeiture?
Dialysis facility’s breach of contract claims pre-empted
A medical facility that provided regular, life-sustaining dialysis treatments lost its appeal seeking to recover more than $1.5 million from its patients’ benefit plans when the Indiana Court of Appeals found the facility’s claims were pre-empted by the Employee Retirement Income Security Act.
COA traveling to North Manchester, Valparaiso for oral arguments
The Indiana Court of Appeals will travel north this week to hear oral arguments in two cases involving narcotics and murder.
COA: Insurance policy terms mean suspended driver still covered
A man whose driver’s license was suspended after crashing into a home will still receive coverage now that the Indiana Court of Appeals determined his insurer’s policy did not specifically say he could be denied coverage under its entitlement exclusion.
Social Security retirement benefits must be considered in child support, COA rules
A mother filing for child support couldn’t convince the Indiana Court of Appeals that the obligated amount her child’s father owes should be in addition to Social Security retirement benefits that he already gives the child.
Judge: Mom ‘knowingly and willfully’ violated child’s vaccination order
An Indianapolis mother, who was previously found to be in contempt of court for trying to circumvent the custody agreement that required her daughter be vaccinated, was found to have “knowingly and willfully” violated an Indiana Court of Appeals order that gave the father the sole ability make decisions about vaccinating the child.
Inattentive mom’s loss of custody upheld; pauper status granted
A mother trying to further her education without a stable income lost her appeal to keep custody of her son after she twice left him unattended due to substance abuse but was granted her request to make the costs of her case a public expense.
Man seeks return of 51 guns taken under ‘red flag law’
An Indianapolis man is again petitioning for the return of his 51 confiscated firearms after a judge previously determined him dangerous due to his bizarre behavior near a Bloomington bar. But an Indiana Court of Appeals panel Tuesday seemed to struggle with the argument that he was still dangerous six years later.
Snapchat video of man with gun admissible, COA rules
A popular social media app contributed to a man’s conviction, which he argued portrayed him in the wrong light under Evidence Rule 404(b). However, the Indiana Court of Appeals rejected his argument when it found the video was not meant to target his character, but rather the evidence of his crime.
Murderer’s appeal seeking mistrial heads to Petersburg
An Indiana Court of Appeals panel will travel to Pike Central High School in southwestern Indiana on Tuesday to hear oral argument in a double murder case, considering whether certain comments made by a juror during trial resulted in an impartial jury.