Indiana Court Decisions — Feb. 14-27, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Articles
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.
Justices grapple with statute of limitations language during oral arguments
A case involving a brownfield cleanup and a question of when a claim for recovery of costs can be brought met a skeptical Indiana Supreme Court Thursday, when the justices quizzed both sides on the meaning and implication of the state’s Environmental Legal Action statute.
Mother’s 4th Amendment rights not violated in search after son’s death
A mother convicted of the negligent death of her son has lost her argument that the search of her apartment and phone following his death was a violation of her Fourth Amendment rights.
Reversal: No heirs needed for estate to pursue survivor damages
The personal estate of a woman whose husband died intestate without heirs and while litigating a wrongful death suit could be able to claim survivor damages after the Indiana Supreme Court granted transfer to the estate's case and overturned two lower courts.
Father’s behavior to blame for mother’s $40K attorney fees, COA says
A father ordered to pay half of the attorney’s fees incurred by the mother of his child during a paternity action was denied his appeal to be rid of them Thursday when appellate judges found the high fees were a result of his behavior.
COA: Medical expert failed to establish knowledge of standard of care
A directed verdict in favor of Hendricks County health care providers accused of failing to adequately care for a baby born with Rh disease has been upheld after the Indiana Court of Appeals found the plaintiffs’ expert failed to establish that he knew the applicable standard of care.
Girl’s CHINS adjudication will stand after brother’s death, COA rules
A young girl found to be a child in need of services following the negligent death of her younger brother will remain a CHINS despite her mother’s contention that there wasn’t enough evidence to prove the finding, the Indiana Court of Appeals has ruled.
COA rejects developer’s private pond argument
An Evansville developer’s argument that the Indiana Department of Environmental Management does not have jurisdiction over private ponds did not hold water with the Indiana Court of Appeals.
David, Goff publish dissent after justices let stand parents’ reimbursement order
Two Indiana Supreme Court justices have once again published a dissent from a 3-2 transfer ruling, which this time let stand a monthly reimbursement order for the parents of an adjudicated teen despite their alleged struggle to meet the payment requirements. Justices Steven David and Christopher Goff argued the trial court should have conducted a specific inquiry into the parents’ ability to pay the ordered reimbursement.