COA affirms denial of motion to suppress
The Court of Appeals of Indiana has affirmed the denial of a motion to suppress on interlocutory appeal in a drug case stemming from a traffic stop.
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COA finds judicial bias, reverses summary judgment after judge declares civil litigation in Indiana is ‘broken’
After the trial court judge issued a scathing opinion declaring Indiana’s civil litigation system was “broken,” the Court of Appeals of Indiana has reversed summary judgment in the underlying negligence case, finding the judge was biased.
Opinions Feb. 13, 2023
Court of Appeals of Indiana
Penny Chappey and Gregory Chappey v. Joseph Paul Storey and Complete Auto & Tire, LLC
22A-CT-979
Civil tort. Reverses summary judgment for the defendants on Penny Chappey’s negligence complaint. Finds the Carroll Circuit Court judge was biased. Also finds there is a genuine issue of material fact that precludes the entry of summary judgment. Remands with instructions that the plaintiffs are entitled to a new judge.
Indiana Repertory Theatre again loses bid for COVID-related ‘physical loss’ coverage
The Court of Appeals of Indiana has once again rejected a request by the Indiana Repertory Theatre to hold that COVID-related closures during the height of the pandemic equated to “physical loss” under the theater’s insurance policy.
Rokita under investigation by Disciplinary Commission for statements about Indiana doctor
Indiana Attorney General Todd Rokita is under investigation by the Indiana Supreme Court Disciplinary Commission in relation to his televised statements about the doctor who oversaw a medication abortion for a 10-year-old rape victim from Ohio.
Lawsuit over man fatally shot by Indianapolis police settled
A wrongful death lawsuit filed by the mother of a man fatally shot while being chased by a police officer in Indianapolis has been settled for $390,000.
Bloomington jail officer fired after inmate hit during struggle
A white correctional officer in southwestern Indiana who is seen in body camera footage punching a Black inmate during a struggle has been fired.
Biden’s fentanyl position sparks criticism from 2 sides
President Joe Biden’s calls in his State of the Union speech for strong criminal penalties in response to soaring deaths linked to the potent opioid fentanyl are being rebuked by harm reduction advocates who say that approach could make the problem worse.
COA remands for reexamination of criminal cash forfeiture
The Court of Appeals of Indiana has ordered a trial court to reexamine a criminal forfeiture after granting the defendant’s motion for relief from the forfeiture, then granting the state’s motion reinstating it.
JNC accepting applications for Robb vacancy on COA
| IL Staff
The Court of Appeals of Indiana is hiring for a new judge to take the bench this summer.
Opinions Feb. 10, 2023
Court of Appeals of Indiana
Tyson Eminger v. State of Indiana
22A-CR-1077
Criminal. Reverses the Noble Superior Court’s order granting the state’s motion for relief from judgment under Trial Rule 60(B)(8). Finds the trial court erred. Remands with instructions.
COA affirms prejudgment interest on reduced jury verdict
A trial court properly awarded interest on a reduced jury verdict, not the original verdict amount, the Court of Appeals of Indiana has ruled, pointing to the parties’ pretrial stipulation.
Former Lawrence Co. chief public defender resigns after deficient representation in rape case
| IL Staff
The former chief public defender in Lawrence County has resigned from the Indiana bar after failing to effectively defend an accused rapist, including failing to take depositions of witnesses who had potentially exculpatory information.
Real estate lawyer Reddick named president of Marion Co. Capital Improvement Board
Longtime real estate attorney Marci Reddick has been named president of the Capital Improvement Board of Marion County, the city announced late Thursday.
Goshen man gets 55 years for killing car dealer
A judge sentenced a northern Indiana man Thursday to 55 years in prison for the stabbing death of a 73-year-old car dealer.
Police: Portage toddler fatally shoots self
A 2-year-old northwestern Indiana girl has died after accidentally shooting herself with a gun she found in her home, authorities said Thursday.
Pence subpoenaed by special counsel probing Trump
Former Vice President Mike Pence has been subpoenaed by the special counsel overseeing investigations into efforts by former President Donald Trump and his allies to overturn the results of the 2020 election.
Vanderburgh Co., sheriff’s office sued for alleged wrongful arrest after police chase
A southwestern Indiana man is suing Vanderburgh County, the Vanderburgh County Sheriff’s Office and one of its deputies over what the plaintiff says was his wrongful arrest for a 2022 traffic offense.
Individual bankruptcy filings see steep increase in 2022, bucking overall trend
| IL Staff
Filings for bankruptcy protection continued to fall nationwide last year — with the exception of individual Chapter 13 filings, which increased significantly.
COA finds no error, constitutional violation in affirming domestic violence convictions
The Court of Appeals of Indiana has affirmed a man’s multiple convictions stemming from a domestic violence incident, determining there was no error or constitutional violation.