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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana. Lawyer’s deadline Thursday:
7th Circuit Court of Appeals
Lauren Richwine and Death Done Differently LLC v. Kathleen Diane Matuszak, et al.
24-1081
Civil. Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly Brady. Affirms the preliminary injunction issued by the district court enjoining enforcement of the state’s funeral service statute against Lauren Richwine and her business, Death Done Differently. Finds the plaintiffs are likely to succeed on the merits of their First Amendment claim. Also finds they are also likely to succeed on the merits of their advertising claim. Remands for further proceedings consistent with this opinion. Attorneys for appellant: Carly Brandenburg, Benjamin Jones, Evan Comer. Attorneys for appellee: Stephen Peters, David Rubin, Benjamin Field, Jeffrey Rowes, Christian Lansinger.
Friday opinions
Indiana Court of Appeals
Brandon L. Keener v. State of Indiana
24A-CR-1894
Criminal. Affirms Brandon Kenner’s conviction in Allen Superior Court of domestic battery, the revocation of his probation, Keener’s two-and-a-half years sentence for the domestic battery conviction and his suspended sentence being executed for the probation violation. Finds the trial court did not err by ignoring Keener’s meritless personal Criminal Rule 4(B) objections to his Nov. 28 trial date in the battery cause. Also finds Keener’s sentence in the battery cause is not inappropriate under Appellate Rule 7(B), and the trial court did not abuse its discretion by executing Keener’s sentence in the nuisance cause as a sanction for Keener violating his probation. Attorney for appellant: David Joley. Attorneys for appellee: Attorney General Todd Rokita, Andrew Sweet.
Jeffrey Alan Vanbibber v. State of Indiana
24A-CR-3164
Criminal. Affirms Jeffrey Vanbibber’s conviction in Marion Superior Court for felony intimidation but finds that his convictions for both intimidation and criminal recklessness violate substantive double jeopardy. Finds that the “tight compression” of the facts supporting both offenses show a violation of substantive double jeopardy. Reverses and remands to the trial court with instructions to vacate the criminal recklessness conviction and sentence. Attorneys for appellant: Talisha Griffin, Joshua Vincent. Attorneys for appellee: Attorney General Todd Rokita, Kelly Loy.
Juan C. Ocampo v. State of Indiana
24A-CR-2785
Criminal. Reverses Clark Circuit Court Judge Bradley B. Jacobs’ denial of Juan Ocampo’s motion to suppress evidence by a K9 officer’s entry into his vehicle. Finds that the officers facilitated the K9’s entry into Ocampo’s vehicle and, consequently, searched the vehicle without probable cause in violation of the Fourth Amendment. Also finds that since the state has failed to prove that an exception to the exclusionary rule applies to these circumstances, the trial court erred in denying Ocampo’s motion to suppress. Remands with instructions for the trial court to grant Ocampo’s motion to suppress. Attorney for appellant: Bryan Cook. Attorneys for appellee: Attorney General Todd Rokita, Ellen Meilaender.
Lane Benziger v. Katherine E. Radabaugh
25A-CT-997
Civil tort. Affirms the Hamilton Superior Court’s granting of summary judgment in favor of Katherine Radabaugh on Lane Benziger’s defamation claim. Finds the trial court did not err by granting summary judgment in favor of Radabaugh on Benziger’s defamation claim, and Radabaugh is entitled to appellate attorneys’ fees due to Benziger’s bad faith in bringing this appeal. Remands for a determination of Radabaugh’s reasonable appellate attorneys’ fees. Appellant pro se: Lane Benziger. Attorney for appellee: Brandi Gibson
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