Watters v. State — Court reverses after inadequate counsel waiver
The Indiana Court of Appeals reversed a probation revocation because the trial court failed to establish a knowing and intelligent waiver of counsel.
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Indiana
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Janowiak v. Sandage — Court enforces Tort Claims Act notice deadline
The Indiana Court of Appeals held that notice to a professor’s personal insurer did not substantially comply with the Indiana Tort Claims Act’s 180-day deadline.
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Edmonson v. State — Court upholds animal-cruelty conviction for prolonged neglect
The Indiana Court of Appeals held that prolonged neglect supported an animal-cruelty conviction where a free surrender option was available despite inability to afford veterinary care.
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Perkins v. Burns — Court rejects unverified malpractice expert opinions
The Indiana Court of Appeals held that unsworn expert letters could not rebut a medical review panel opinion and could not be repaired after summary judgment.
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Klos v. Klos — Court requires parenting-time findings but limits fraud remedies
The Indiana Court of Appeals remanded for parenting-time findings while affirming custody and the denial of enhanced remedies for fraud in a dissolution case.
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Gregory v. State — Court rejects indemnity after officer blocks defense
The Indiana Court of Appeals held that the State need not indemnify a former correctional officer whose noncooperation deprived it of an opportunity to defend.
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Melton v. Vanderburgh County — Court revives review of guardrail decision
The Indiana Court of Appeals rejected untimely tort and easement claims but allowed judicial review of a county guardrail decision to proceed on an undeveloped record.
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Brandon v. Caregan Transport — Court classifies mileage pay as wages
The Indiana Court of Appeals held that a truck driver’s per-mile compensation was a wage and enforced the bright-line deadline for summary-judgment responses.
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Rokita v. Berry Global — Court requires factual predicate before Attorney General CID
The Indiana Court of Appeals held that the Attorney General cannot issue a civil investigative demand without a concrete factual predicate for an existing investigation.
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Stabosz v. Friedman — Court reinstates defamation defense verdict after evidentiary remand
On remand, the Indiana Court of Appeals upheld exclusion of inflammatory impeachment and prior-act evidence and reinstated the jury’s defense verdict.
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McDermott v. Finkam — Court rejects defamation per se claim over incomplete financials
The Indiana Court of Appeals held that comments about incomplete financial records did not constitute defamation per se because they did not unambiguously accuse anyone of professional misconduct.
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Vamos v. State — Full probation revocation affirmed despite challenge to unalleged arrest evidence
The Indiana Court of Appeals held that a revocation petition gave adequate notice of the requested sanction and that consideration of a later, unalleged arrest did not require reversal.
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T.R. v. Indiana DCS — Father’s Termination Reversed Where DCS Never Deployed Its Own Housing-Assistance Tools
The Indiana Court of Appeals affirmed the termination of a mother’s parental rights but reversed the termination of a father’s rights as to his two biological children. The father complied fully with every ordered service, held a job, and maintained consistent visitation; his only obstacle was stable housing blocked by his criminal history. Because DCS never sought a waiver for a sister-in-law’s disqualified home despite a written policy allowing it, and never followed through on deposit assistance when the father found an apartment one week before the termination hearing, the court held that DCS failed to make reasonable efforts and that proceeding to terminate his rights violated due process.
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Zeller v. Indiana Fire Prevention — ITCA Immunity Extends Even to Allegedly Vindictive Licensing Denials
The Indiana Court of Appeals affirmed summary judgment for state elevator-oversight agencies on all claims brought by an elevator company and its employees following years of regulatory disputes over permits, alteration orders, and reciprocal licensing. Key holdings: Indiana does not recognize a private right of action for monetary damages under the Indiana Constitution; a regulatory takings theory not pled in the complaint is waived; and ITCA immunity for discretionary licensing denials is not defeated by evidence of vindictiveness — degree of culpability is simply not a relevant consideration once immunity attaches.