Indiana Court Decisions — May 10-22, 2018
Read Indiana appellate decisions from the most recent reporting period.
Indiana Court of Appeals
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Retiring Barnes reflects on time as prosecutor, judge as 3 COA finalists selected
Court of Appeals Judge Michael Barnes’ career has taken him down multiple paths — including 27 years with the St. Joseph County Prosecutor’s Office, 1½ years with Barnes & Thornburg and 18 years on the bench — and each experience exposed him to new facets of the law.
JNC files report on COA finalists to Holcomb
Indiana Gov. Eric Holcomb now has 60 days to select Indiana’s next Court of Appeals judge after the Indiana Judicial Nominating Commission officially submitted the names of its three finalists on Friday.
COA upholds 6-year stalking sentence for ex’s break-in, threat
A Ripley County man who broke into his ex-wife’s home by climbing on the roof and cutting through the drywall with razor blades has lost his appeal of his six-year sentence for convictions of intimidation and invasion of privacy, with the Indiana Court of Appeals rejecting his argument that the sentence is inappropriate.
Trial court ‘clearly erred’ in granting adoption petition
A Hamilton County judge’s ruling that a father’s consent was not required for a stepfather to adopt his child was clearly erroneous, the Indiana Court of Appeals ruled Friday, reversing the adoption.
Appeals court orders further proceedings in lake-use flap
A dispute over shoreline rights between a property owner and the association that controls access to part of Lake Freeman in Carroll County will go back to the trial court after the Indiana Court of Appeals granted the property partial relief.
COA upholds suspension of Gibson County doctor’s license
A Gibson County doctor who violated multiple federal regulations when he impermissibly prescribed prescription narcotics to his girlfriend and other patients has lost his appeal to reinstate his Indiana medical license. The Indiana Court of Appeals found evidence supported his suspension.
Firm can pursue damages in competitor’s recruitment of workers
An Indianapolis-based civil engineering firm will have the opportunity to defend its demand for liquidated damages from three employees who allegedly violated non-recruitment agreements after the Indiana Court of Appeals reversed summary judgment for the firm’s competitor. The court also upheld the denial of summary judgment to the competitor on two additional claims stemming from its alleged impermissible recruitment of employees.
Supreme Court to hear argument in Henry County land dispute
The Indiana Supreme Court will hear argument this week over whether a Henry County redevelopment company can keep land it purchased at a tax sale, despite the county auditor’s claim that a mistaken transfer of the properties invalidated the tax sale.
Appellate court allows Duke to recover damages from ratepayers
Duke Energy Indiana can recover the costs of a damages order from its ratepayers after the Indiana Court of Appeals found sufficient evidence to support the Indiana Utility Regulatory Commission’s approval of that recovery plan.
Negligence suit from bicyclist hit by officer’s car remanded for trial
A negligence case against the town of Chesterton and the Porter County Drug Task Force must proceed to trial after the Indiana Court of Appeals ruled there was a genuine issue of material fact as to whether the plaintiff who brought the case was contributorily negligent in the bicycle-vehicle accident.
Appellate court orders new trial for car crash victim
A man injured in a LaGrange County car crash will get a second chance to make his negligence case against the driver who allegedly caused the collision after the Indiana Court of Appeals reversed judgment in favor of the allegedly negligent driver and remanded the case for a new trial.
Grandmother can’t bring child wrongful death suit, COA rules
A woman who claimed to be her grandson’s de facto custodian failed to convince the Indiana Court of Appeals that she had standing to bring a suit on the child’s behalf after he and his mother perished in an apartment fire.
Man’s contempt order for bail violation reversed on appeal
A northern Indiana trial court’s contempt order against a man who violated a condition of bail was an abuse of discretion, the Indiana Court of Appeals ruled Wednesday, reversing the order.
Two judges, Fort Wayne attorney selected as finalists for COA vacancy
The Indiana Judicial Nominating Commission announced late Wednesday afternoon that it will send the names of St. Joseph Superior Judge Steven Hostetler, Lake Superior Judge Elizabeth Tavitas and attorney David Van Gilder of Van Gilder & Trzynka, P.C. to Gov. Eric Holcomb, who will choose one of them to replace retiring Judge Michael Barnes.
Insurer loses appeal in home-health worker crash case
An insurance dispute over who should pay for a bicyclist’s injuries sustained after he was struck by a vehicle driven by a home health aide will continue after an appeals court ruling that left the question open for now.
Court order to access smartphone stirs 5th amendment concerns
When does an action become testimonial? What role do technological advances play in Fifth Amendment analyses? When can law enforcement compel people to unlock their cellphones without infringing on constitutional rights? The Indiana Court of Appeals is grappling with those questions as it considers a Fifth Amendment case of first impression.
Indiana Court Decisions – April 26-May 9, 2018
Read Indiana appellate decisions from the most recent reporting period.
COA finds warehouse not liable for cargo-related deaths
An Indianapolis-based warehouse facility has been cleared of liability in a tractor-trailer accident that killed three and injured one after the Indiana Court of Appeals found the warehouse had neither a contractual nor a common law duty to the victims.
COA to hear arguments in Dubois, Clark counties
The Indiana Court of Appeals is heading south next week to hear oral arguments in Dubois and Clark counties.