Justia Indiana Supreme Court Opinion Summaries

Rebecca Kays was convicted of misdemeanor battery and sentenced to 180 days in jail, suspended to twelve months probation. The trial court ordered as a term of probation that Kays pay restitution in the amount of $1,496. Kays appealed, arguing that the trial court improperly ordered restitution as a term of probation because her only source of income was social security disability benefits. The court of appeals reversed, holding that restitution may not be based on social security income, and therefore, the trial court could not take into account Kays' social security income in determining her ability to pay. The Supreme Court granted transfer, thereby vacating the court of appeals, and reversed the trial court. The Court held that social security benefits may be considered by a trial court in determining a defendant's ability to pay restitution, but the trial court erred in failing to determine Kays' ability to pay restitution and to determine her manner of payment. View "Kays v. State" on Justia Law

A federal lawsuit was brought by 128 Indiana landowners whose lands were burdened by railroad easements. Together those easements composed a railroad corridor approximately twenty-one miles in length. Because the rail lines were no longer in use, the railroad, pursuant to federal law, sought authorization from the Surface Transportation Board (STB) to abandon the easements. The STB authorized the railroad to negotiate transfer of the railroad corridor to the Indiana Trails Fund for use as a public trail ("interim trail use") in accordance with the National Trails System Act, which authorizes the STB to facilitate such transactions to preserve established railroad rights-of-way for future reactivation ("railbanking"). The court of federal claims certified to the Supreme Court the question of whether railbanking and interim trail use pursuant to the Trails Act were permitted uses within the scope of the easements under Indiana law. The Court answered in the negative, holding that railbanking and interim trail use were not uses within the scope of the easements, and railbanking with interim trail use did not constitute a permissible shifting public use.View "Howard v. United States" on Justia Law

Plaintiff Maria Rosales filed this wrongful death action against LaPorte Community School Corporation after her son choked to death on food while eating lunch at his elementary school. The jury returned a $5 million verdict for Plaintiff, and judgment was entered in the sum of $500,000, the maximum amount then permitted under the Indiana Tort Claims Act. The School Corporation appealed. The court of appeals reversed and remanded for a new trial, concluding that the trial court erred in giving certain jury instructions. The Supreme Court granted transfer and agreed that the giving of the instruction, which could have reasonably been interpreted and applied by the jury in a way that substantially misstated Plaintiff's burden of proof with respect to establishing negligence on the part of the School Corporation, required reversal, but the error created by the instruction related only to the issue of liability and did not affect the jury's assessment of damages. Remanded for a new trial on the issue of liability only. View " LaPorte Cmty. Sch. Corp. v. Rosales " on Justia Law

Jimmie Jones was charged with murder. At trial, Jones tendered instructions on reckless homicide and involuntary manslaughter as lesser included offenses to the murder charge. The trial court refused Jones's instructions, finding that those lesser included offenses were not supported by the evidence. A jury later found Jones guilty of murder. On appeal, Jones disputed that his tendered instructions were not supported by the evidence. The court of appeals affirmed. The Supreme Court granted transfer and affirmed the judgment of the trial court after adopting the opinion of the court of appeals, which concluded that the trial court had not abused its discretion by finding no serious evidentiary dispute. View "Jones v. State" on Justia Law

Under a complex series of arrangements with companies like paper suppliers, printers, and packagers, AOL procured promotional mailers it sent to Indiana residents. AOL filed with the Indiana Department of State Revenue claims for refund of use taxes it paid between 2003 and 2007. The Department denied the claims. The tax court reversed, holding that AOL did not purchase any tangible personal property in a retail transaction with either the assembly houses or letter shops but merely purchased assembly, printing, and mailing services. At issue on appeal was the use tax, which applies to storing, using, or consuming in Indiana tangible personal property acquired in a retail transaction regardless of where that transaction occurred or where the retail merchant was located. The Supreme Court reversed the tax court, holding that because the assembly houses and letter shops were selling at retail, the transactions between AOL and its assembly houses and letter shops constituted retail transactions that triggered Indiana's use tax once AOL used the property in Indiana. View "Ind. Dep't of State Revenue v. AOL, LLC" on Justia Law

A jury found Jesse Harris guilty of murder and two counts of attempted murder. The trial court sentenced Harris to a total of 165 years incarceration. The court of appeals affirmed. Harris appealed, contending that the State engaged in forum shopping. The Supreme Court granted transfer, thus vacating the court of appeals, to clarify that a defendant claiming a violation of a local felony case assignment rule need not establish prejudice to prevail on appeal. The Court affirmed Harris's conviction, holding (1) the trial court correctly interpreted the rule, and (2) no violation of the rule occurred in this case. View "Harris v. State" on Justia Law

Almost two million Indiana voters cast their ballots for Secretary of State in November 2010. The Indiana Democratic Party sought to have the winner in the election, Republican Charlie White, declared ineligible to assume office because he had not been registered to vote at the address at which he resided in July 15, 2010, the deadline for certifying candidates for state office. The Indiana Recount Commission dismissed the petition and later denied it. The circuit court reversed, directing that the Commission declare White ineligible. The Supreme Court reversed the trial court and affirmed the Commission's dismissal, holding that the the Commission's action was not arbitrary, capricious or otherwise not in accordance with law because the Indiana Democratic Party's challenge was untimely. View "White v. Ind. Democratic Party" on Justia Law

Several hundred citizens of the Town of Fishers, including Plaintiffs, filed a petition with the Fishers Town Clerk seeking a referendum on whether the Town should convert itself from a town into a second class city. The Town Council subsequently passed a resolution proposing a reorganization with Fall Creek Township that would merge the two entities into a reorganized city. Plaintiffs filed suit in U.S. District Court, seeking to compel the Town Council to schedule their petition for a referendum. Thereafter, the Fishers Town Council and the Township held a public meeting during which both entities adopted the final reorganization plan. A referendum on the plan was scheduled for the November 2012 general election. The Town Council subsequently passed a resolution ordering a referendum on Plaintiffs' proposal in the general election. Defendants then moved to dismiss Plaintiffs' complaint, which the federal district court denied. The Supreme Court accepted certification to address a question of state law and held that a political unit may reorganize into a city under Indiana's Reorganization Act in a manner that eliminates voting rights recognized under Indiana law, including reorganization as a city with a council elected entirely at large and a mayor appointed by that council. View "Kole v. Faultless" on Justia Law

Insured held a life insurance policy issued as part of a federal employee benefit plan. When Insured divorced from his first wife, the divorce decree and property settlement required Insured (1) to maintain the life insurance policy, and (2) to designate the first wife and their grandchildren as equal beneficiaries. Subsequently, Insured remarried, designated his second wife as the sole beneficiary to the life insurance policy, and increased the insurance coverage. Insured and second wife later divorced. When Insured died, the second wife remained the sole beneficiary on the life insurance policy. The first wife and grandchildren filed suit, asserting equitable claims over the life insurance proceeds. The trial court granted summary judgment to the second wife, determining that federal employee benefit law preempted the equitable state law claims and that the policy proceeds accordingly belonged to the second wife. The Supreme Court reversed, holding that the Federal Employees' Group Life Insurance Act did not preempt the equitable claims and that the first wife and grandchildren were entitled to a constructive trust over at least a portion of the proceeds. Remanded. View "Hardy v. Hardy" on Justia Law

The Department of Child Services (DCS) filed a petition alleging T.N. was a child in need of services (CHINS) and requested that T.N. be removed from Father's care. Father objected to removal. A fact-finding hearing was subsequently held, at which time Mother notified the tribal court that she was prepared to make an admission to the CHINS allegations. Father objected. The tribal court told Father he could offer his objections at a contested dispositional hearing. The trial court then found T.N. to be a CHINS. Father appealed. The court of appeals reversed, finding the trial court violated Father's due process rights. The Supreme Court affirmed, holding that for the reasons explained in In re K.D., also decided on this day, the trial court erred in not conducting a fact-finding hearing that was requested by Father, and thus, the court violated Father's due process rights. View "In re T.N." on Justia Law