COA upholds stalking conviction, sentence
A man who stalked his high school crush for years despite repeated warnings has failed to convince the Court of Appeals to overturn his felony conviction or two-year sentence.
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Default judgment upheld in Steuben Co. property dispute
A group of Steuben County residents seeking to overturn default judgment in a lakefront property dispute failed in their bid to convince the Court of Appeals to allow them to intervene or to order the trial court to set aside the default judgment.
Ex-Marian University prof alleges age discrimination after termination
A former Marian University professor who was terminated despite having tenure has filed a lawsuit against the school claiming age discrimination.
Opinions Jan. 31, 2023
Court of Appeals of Indiana
Faye E. Hunter and James E. Hunter v. J & M Displays, Inc.
22A-CT-1454
Civil tort. Affirms the grant of J & M Displays Inc.’s motion for summary judgment in a dispute with Faye E. and James E. Hunter. Finds the evidence does not constitute a direct physical impact under the Modified Impact Rule. Also finds the Johnson Superior Court did not err in granting summary judgment with respect to the Hunters’ claim of negligent infliction of emotional distress.
Indiana justices won’t hear 2nd abortion case for now
Indiana’s high court said it will not immediately consider a challenge to the state’s abortion ban that is based on the argument that the law violates some people’s religious freedoms, leaving that decision to the Court of Appeals of Indiana, at least for now.
7th Memphis officer disciplined, EMTs fired in Nichols death
Two more Memphis police officers have been disciplined and three emergency responders fired in connection with the death of Tyre Nichols, officials said Monday, widening the circle of punishment for the shocking display of police brutality after video showed many more people failed to help him beyond the five officers accused of beating him to death.
Feds expect to collect $4.7B in insurance fraud penalties
The Biden administration estimated Monday that it could collect as much as $4.7 billion from insurance companies with newer and tougher penalties for submitting improper charges on the taxpayers’ tab for Medicare Advantage care.
Mitch Daniels decides not to run for U.S. Senate
Former Gov. Mitch Daniels, who just completed a 10-year stint as Purdue University president, said Tuesday he will not run for the U.S. Senate, ending speculation that he would jump into the 2024 race after sitting Sen. Mike Braun decided to run for governor.
State lawmakers revive effort to require partisan school board elections
Indiana lawmakers are trying again to pass a Republican-backed proposal to make school board elections partisan despite opposition from school board members and education advocates from across the state.
COA: Trial court properly dismissed motion to suppress blood draw in drunken driving case
| Alexa Shrake and Jordan Morey
A drunken driver who killed another person in a two-car vehicle wreck has failed to convince the Court of Appeals of Indiana her blood test results should be suppressed from her trial.
COA upholds drug dealer’s convictions, remands for illegal sentence
| Alexa Shrake and Jordan Morey
An Indianapolis man will not shake his drug convictions after the Court of Appeals of Indiana found police didn’t illegally search a hotel room he was living in. In fact, he will spend more in prison after judges concluded the sentence he was given didn’t fall within the sentencing guidelines.
Neither tenant nor trustee of ‘fix-upper’ entitled to attorney fees, COA affirms
Neither the trust that owns a ramshackle house nor the man living on the property fixing it up will be awarded attorney fees after the Court of Appeals of Indiana affirmed Marion Superior Court rulings that placed blame on both sides.
COA awards prisoner additional pretrial credits in reversal
| Alexa Shrake and Jordan Morey
An Indiana prisoner will have time knocked off his sentence after the Court of Appeals of Indiana found a trial court miscalculated his pretrial confinement credits after one of his multiple offenses was dismissed pursuant to a plea agreement.
Reversal: Personal rep can’t pursue emotional distress damages under wrongful death statute
The estate of a contractor who was shot and killed while canvassing an Indianapolis apartment complex will not receive emotional distress damages, the Court of Appeals of Indiana has ruled.
COA: Mother didn’t abandon child, consent needed for adoption
A northern Indiana mother has won a reversal on an adoption petition granted to her child’s stepmother after the Court of Appeals of Indiana concluded she did not abandon her child and her consent was required for the adoption.
Opinions Jan. 30, 2023
Court of Appeals of Indiana
Tina M. Isley v. State of Indiana
21A-CR-2837
Criminal. Affirms the denial of Tina Isley’s motion to suppress blood draw results and medical records. Finds Isley’s rights under the Fourth Amendment, Article 1, Section 11 of the Indiana Constitution and Indiana’s implied consent laws were not violated. Judge Melissa May concurs in result with separate opinion.
COA: Fired employee did not commit theft, is entitled to unemployment benefits
A fired Indiana leasing consultant will continue to get unemployment benefits after the Court of Appeals of Indiana affirmed she wasn’t let go for gross negligence.
Tyre Nichols case revives calls for change in police culture
Tyre Nichols’ fatal encounter with police officers in Memphis, Tennessee, recorded in video made public Friday night, is a glaring reminder that efforts to reform policing have failed to prevent more flashpoints in an intractable epidemic of brutality.
Bill seeks to prevent federal takeover of Indiana air pollution program
Indiana’s air pollution permitting program is low on money, edging toward violation of the federal Clean Air Act — and a potential U.S. Environmental Protection Agency takeover. And it’s because air pollution is decreasing.
Some truckers want higher speed limits; key lawmakers reluctant
Two Hoosier lawmakers are seeking to eliminate the lower speed limit for heavy trucks on rural interstates and highways, but their proposals appear to be another chapter in more than 30 years of fruitless efforts on behalf of independent truckers.