Justia Indiana Supreme Court Opinion Summaries

Articles Posted in June, 2013
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Defendant was charged with the murder of his mother. He was subsequently found guilty but mentally ill and ultimately sentenced to fifty-five years' incarceration. Defendant filed an amended petition for post-conviction relief, alleging that his trial counsel rendered ineffective assistance for, inter alia, failing to object to the trial court's tendered instruction on the penal consequences of verdicts for not responsible by reason of insanity and guilty but mentally ill. Defendant's petition was denied. The Supreme Court affirmed, holding that Defendant failed to satisfy the prejudice prong of Strickland v. Washington and therefore could not prevail on his ineffective assistance claim. View "Passwater v. State" on Justia Law

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This action involved a dispute between a township small claims court and the township trustee and advisory board over changes in the small claims court. The small claims court issued an order for mandate and mandate of funds directing the trustee and advisory board not to move the location of the court, to increase court employees' salary, to provide two new clerk positions, and to renovate the current court building. The township opposed the mandate order. The Supreme Court appointed a special judge to hear the matter. After a trial, the special judge (1) affirmed the mandate order insofar as it approved the additional staff, renovations, and prohibited the relocation of the court; and (2) reversed the portion of mandate ordering salary increases. The Supreme Court affirmed the decree of the special judge, holding (1) the decree correctly prohibited the relocation of the court; and (2) the decree properly directed the township to pay the reasonable attorney fees and expenses incurred by each side in this case. View "In re Mandate of Funds for Ctr. Twp. of Marion County Small Claims Court" on Justia Law

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Defendant was stopped by a police officer due to his darkly-shaded tinted windows. The police officer smelled marijuana and subsequently searched Defendant's person, where he found cocaine. The State charged Defendant with felony possession of cocaine. Defendant moved to suppress the evidence, arguing that the officer lacked probable cause to stop him and search his person. The trial court denied the motion, concluding that, although the tint of the windows on Defendant's car was within the statutorily defined limits, the officer's good faith subjective belief of Defendant's violation of a traffic law was enough to justify the initial stop. The Supreme Court affirmed, holding (1) the officer had reasonable suspicion that the tint on Defendant's vehicle's windows was in violation of the window tint statute, and therefore, the initial stop was justified; (2) the officer had probable cause to search Defendant's person after smelling marijuana; and (3) because the search was legal, the trial court correctly denied Defendant's motion to suppress the evidence obtained from the search. View "Sanders v. State" on Justia Law

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Upon Father and Mother's divorce, Father and Mother agreed that Mother would assume sole financial responsibility of Child and waive enforcement of Father's child support arrearage in exchange for Father's agreement to waive his parenting time rights. The agreement also required Father to pay any support arrearage through the date of the trial court's approval of the agreement if Father sought parenting time in the future. Father subsequently sought modification of parenting time seeking to establish visitation with Child. The trial court denied Father's request. The Supreme Court reversed, holding (1) the parties' agreement to forego parenting time in exchange for relief from child support was void against public policy; and (2) the trial court's prohibition against Father exercising any parenting time with Child was not supported by the record. Remanded. View "Perkinson v. Perkinson" on Justia Law

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Buyers bought a home from Sellers after Sellers completed Indiana's statutory disclosure forms attesting to the home's condition. Buyers subsequently discovered costly defects in the home. Buyers sued Sellers, alleging fraudulent misrepresentation. The trial court awarded damages to Plaintiffs. At issue on appeal was whether Indiana's disclosure statutes created a claim for fraudulent misrepresentation or if the common law still applied and the principle of caveat emptor precluded recovery on the action. The Supreme Court reversed, holding (1) the legislature's adoption of the disclosure statutes abrogated the state's common law jurisprudence falling within their scope, and therefore, the disclosure statues create liability for sellers when they fail to truthfully disclose the condition of features of their property that must be disclosed to the buyer; and (2) the district court erred in finding that Sellers were liable to Buyers because the defects in the home "should have been obvious" to Sellers, as Sellers' "actual knowledge" of the defects was not established. Remanded. View "Johnson v. Wysocki" on Justia Law

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After Defendant was charged with murder, he filed a motion seeking bail. At the same time, Defendant filed a motion seeking a declaration that Ind. Code 35-33-8-2(b), which assigns to a defendant charged with murder the burden of showing he is entitled to bail, is unconstitutional. The trial court denied Defendant bail. The Supreme Court declared the statute unconstitutional but nevertheless affirmed, holding (1) when a defendant charged with murder seeks bail, the burden must be placed on the State to prove by a preponderance of the evidence that the defendant should be denied bail; but (2) under the circumstances presented in this case, the trial court did not err in denying Defendant bail. View "Fry v. State" on Justia Law

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Plaintiffs filed a malpractice claim against Dr. Anthony Miller and Achilles Podiatry Group seeking damages for the alleged injuries they received after surgery. The trial was delayed due to Plaintiffs' inability to secure an expert witness until after the discovery deadline. Plaintiffs subsequently filed a notice of a new expert witness. The trial court excluded Plaintiffs' expert witness for violation of discovery deadlines and then dismissed the case, concluding that Plaintiffs could not establish their case without the witness. The Supreme Court reversed, holding that the witness exclusion was erroneous, and therefore, the granting of Defendants' motion to dismiss was likewise erroneous. View "Wright v. Miller" on Justia Law

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After certain members of the Indiana House of Representatives Democratic Caucus left the state to prevent the formation of a quorum in order to block a vote on impending legislation, House Republicans passed motions to fine the absent legislators. The fines were withheld from the legislators' pay. Plaintiffs brought suit seeking to recover the withheld pay. The trial court concluded that the determination of the fine was outside the court's jurisdiction because the determination of the fine was within the House's "exclusive constitutional authority" but that review of the collection of fines was within the court's jurisdiction. The court then ordered return of the withheld pay and issued an injunction preventing future withholding. The Supreme Court reversed, holding that when, as here, the Indiana Constitution expressly assigns certain functions to the legislative branch without any contrary constitutional limitation or qualification, disputes arising in the exercise of such legislative powers are nonjusticiable, and the doctrine of separation of powers precludes judicial consideration of the claims for relief. Remanded for dismissal of Plaintiffs' claims for lack of justiciability. View "Berry v. Crawford" on Justia Law

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The Indiana Department of Child Services (DCS) petitioned to terminate Mother and Father's parental rights regarding their three children. The trial court granted the petition, concluding that DCS provided clear and convincing evidence that the conditions resulting in the children's continued placement outside of the home would not be remedied and that termination of Mother and Father's parental rights was in the best interests of the children. Mother appealed. The Supreme Court affirmed, holding (1) DCS showed by clear and convincing evidence that the conditions resulting in placement outside Mother's home would not be remedied; and (2) the trial court did not err in concluding that termination of Mother's parental rights was in the children's best interests. View "In re K.T.K." on Justia Law

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After a police officer rear-ended Plaintiff's vehicle, Plaintiff submitted a tort claim notice to the City of Indianapolis. Plaintiff and her husband subsequently filed a complaint against the City and the Indianapolis Metropolitan Police Department, alleging Plaintiff suffered personal injuries as a direct result of the police officer's negligence. The trial court granted summary judgment for Plaintiffs. The City appealed, arguing that Plaintiff's tort claim notice did not substantially comply with the requirements of the Indiana Tort Claims Act because, on the form, Plaintiff stated that she suffered no injuries from the accident. The Supreme Court affirmed, holding (1) Plaintiff's notice complied with the requirements of Ind. Code 48-8001; and (2) although the notice stated "no injuries," the statute as amended no longer requires any statement regarding injuries, and the legislature did not intend to penalize claimants for including information beyond what the statute requires. View "City of Indianapolis v. Buschman" on Justia Law