Justia Indiana Supreme Court Opinion Summaries

Father murdered Mother in the presence of their two small children. Father's brother and his significant other (Guardians) were granted guardianship over the children. The paternal grandmother (Grandmother) petitioned to intervene in the guardianship for purposes of seeking grandparent visitation. Guardians argued that Grandmother lacked standing to petition for visitation. The trial court disagreed and granted limited visitation for Grandmother but later declared the grandparent visitation order void and vacated for want of subject matter jurisdiction, finding that Grandmother lacked standing. The Supreme Court affirmed, holding that Grandmother lacked standing to file a grandparent visitation petition under the Grandparent Visitation Statute because she was not the grandparent of the deceased parent, nor was she the grandparent of a dissolved marriage. View "In re Guardianship of A.J.A." on Justia Law

In 2008, Stephen and Edward were beaten in Union elections and lost their positions. Deborah, Edward's wife, was a clerical employee and voluntary member of the Union, but the business manager/secretary-treasurer terminated Deborah's employment as well. Deborah, Stephen, and Edward all sued the Union to recover compensation for unused accrued vacation pay. The trial court granted summary judgment for the Union. The Supreme Court (1) affirmed the trial court's decision as to Edward and Stephen's claims, holding that because the Union bylaws clearly addressed the compensation, including vacation pay, of its elected officers, the Union was the sole arbiter of disputes arising under its governing documents; and (2) reversed summary judgment against Deborah's claim, holding (i) Deborah, as an employee, was entitled to accrue vacation pay unless there was an arrangement or policy to the contrary; and (ii) there was an issue of material fact as to whether an arrangement or policy regarding vacation time existed during Deborah's employment. Remanded. View "Comm'r of Labor v. Int'l Union of Painters & Allied Trades AFL-CIO, CLC Dist. Council 91" on Justia Law

After a bench trial, Defendant was convicted of two counts of sexual misconduct with a minor as class B felonies. The trial court sentenced Defendant to maximum consecutive terms after finding "substantial aggravating circumstances" and no mitigating circumstances. The court of appeals revised the sentence to concurrent terms of twenty years, finding that Defendant's forty-year sentence was not proportionate in comparison to Walker v. State and Harris v. State. The Supreme Court granted transfer and affirmed the sentence imposed by the trial court, holding that the sentence in this case was not inappropriate under Ind. R. App. 7(B) and did not warrant appellate revision. View "Chambers v. State" on Justia Law

Appellant, a juvenile, admitted to conduct that would constitute felony sexual battery if committed by an adult. The trial court subsequently ordered Appellant to register as a sex offender. Appellant appealed, arguing insufficient evidence supported the court's finding that he was likely to repeat a sex offense. The court of appeals affirmed. The Supreme Court reversed, holding (1) a juvenile may only be ordered to register as a sex offender if, after an evidentiary hearing, the trial court expressly finds by clear and convincing evidence that the juvenile is likely to commit another sex offense; and (2) the trial court erred in placing Appellant on the registry where its order was neither issued in connection with an evidentiary hearing, nor accompanied by any findings. View "N.L. v. State" on Justia Law