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The following Indiana Supreme Court decision was posted after IL deadline Wednesday:
Brandon Brummett v. State of Indiana
49S02-1502-CR-69
Criminal. Clarifies that Ryan v. State, 9 N.E.3d 663 (Ind. 2014), a case involving prosecutorial misconduct, did not alter the doctrine of fundamental error. Summarily affirms Court of Appeals reversal of several of Brummett’s convictions due to prosecutorial misconduct.
A staged robbery between two friends to cover up stolen funds from an employer took an unexpected turn when a good Samaritan tried to catch the supposed robber. The Indiana Court of Appeals affirmed the defendant’s intimidation conviction for pulling a knife on the good Samaritan during a chase.
A company that did not file the board record or request an extension of time to file the record within 30 days as required by the applicable judicial review statute should not have been allowed to proceed with its request for judicial review, the Indiana Court of Appeals held. The judges reversed the denial of the town of Pittsboro’s request to dismiss Ark Park LLC’s claims.
Although the trial court abused its discretion when it did not allow a person to testify on behalf of the defendant based on a separation of witnesses violation, the error was harmless, ruled the Court of Appeals in affirming a man’s felony convictions of vicarious sexual gratification and possession of child pornography.
The Indiana Court of Appeals granted the Department of Child Services’ request for rehearing of an August 2014 decision in which the court reversed a child in need of services finding for a child whose father was in the Navy for the first few years of the child’s life. The judges clarified their reasoning but affirmed their decision in all respects.
The Indiana Supreme Court wants to clear up potential confusion involving the state’s fundamental error doctrine.
A legislative committee has endorsed a proposal that would eliminate straight party-line voting on Indiana election ballots.
The defense of a suspect in a 2012 Indianapolis house explosion that killed two people and damaged dozens of homes has been dealt a setback after a judge denied two of its motions.
An Indiana House committee has approved a bill that would lift the ban on Sunday carry-out alcohol sales while also placing new restrictions on grocery stores and pharmacies.
An Indianapolis lawyer won a $79 million federal jury verdict for Missouri landowners who had not been compensated for fiber optic Internet cables a telecommunications company carried on power lines that crossed their property.
A bill that would establish veterans courts in every judicial district has passed the Senate Judiciary Committee and been reassigned to the Appropriations Committee.
A couple suing Ford Motor Company, alleging their 2003 Mercury Mountaineer was defective because the air bags did not deploy in an accident, lost their case because they failed to designate expert testimony to support their claim.
While the three judges on the Indiana Court of Appeals panel agreed summary judgment was proper for an Indianapolis attorney being sued for defamation and other claims because the statute of limitations had expired, each judge interpreted the interplay between Trial Rules 15(C) and 17(F) differently.
The 7th Circuit Court of Appeals affirmed the grant of an insurance adjuster’s motion to dismiss it from an injured man’s lawsuit alleging negligence in how it handled his case. The judges pointed out that the Indiana Court of Appeals has held that an insurance adjuster owes no legal duty to the insured and the plaintiff didn’t show that the Indiana Supreme Court would disagree with that decision.
Indiana Court of Appeals
Jason C. Burkett v. State of Indiana (mem. dec.)
09A02-1404-PC-233
Post conviction. Affirms denial of petition for post-conviction relief.
Terry Sowell v. State of Indiana (mem. dec.)
49A05-1407-CR-298
Criminal. Affirms two convictions of Class A misdemeanor battery.
Daniel Cummings v. State of Indiana (mem. dec.)
29A02-1407-CR-509
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
7th Circuit Court of Appeals
Howard Piltch, et al. v. Ford Motor Company, et al.
14-1965
U.S. District court, Northern District of Indiana, South Bend Division. Judge James T. Moody.
Civil. Affirms summary judgment for Ford on the Piltches’ claim that their 2003 Mercury Mountaineer was defective because the airbags didn’t deploy in an accident. Without expert testimony provided by the Piltches, a jury would only be able to speculate as to the viability of their Indiana Products Liability Act claims.
It is not a requirement that one party in a marriage must initiate divorce proceedings in order for the parties to later enter into a valid and enforceable reconciliation agreement, the Indiana Court of Appeals held Wednesday.
Because a trial court did not look at whether fees requested by a man’s former guardians were necessary, the Indiana Court of Appeals reversed the order they receive more than $15,000 from his estate.
A divided Indiana Supreme Court decided last week that it will no longer take an insurance case involving a landlord and tenant that also divided the Indiana Court of Appeals.
To reduce the number of people locked up in local jails around the U.S., the John D. and Catherine T. MacArthur Foundation announced it plans to give $75 million to local jail officials working on ways to remove nonviolent offenders, people too poor to afford bail and the mentally ill from behind bars.