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Indiana Supreme Court grants transfer to fight over roof repair
| IL Staff
A dispute involving a roof repair that led to a breach of contract claim and a counterclaim alleging a violation of the Indiana Deceptive Consumer Sales Act is headed for the Indiana Supreme Court after the justices granted transfer to the case.
Opinions Nov. 28, 2022
Court of Appeals of Indiana
Nickalas James Kedrowitz v. State of Indiana
22A-CR-457
Criminal. Affirms Nickalas Kedrowitz’s convictions of two counts of murder and his sentence to an aggregate of 100 years. Finds the juvenile court did not abuse its discretion in finding Kedrowitz competent to stand trial or in waiving jurisdiction. Also finds the Ripley Circuit Court had jurisdiction to hear the case following a valid waiver by the juvenile court. Finally, finds the trial court did not abuse its discretion in sentencing Kedrowitz, his sentence is not inappropriate in light of the nature of his offenses and his character, and he has not made cognizable challenges pursuant to Article 1, Sections 16 and 18 of the Indiana Constitution.
COA uses Supreme Court’s silence since Wadle in rejecting double jeopardy appeal
In considering the appeal from a woman convicted in the death of her boyfriend, the Court of Appeals of Indiana continued to wrestle with the fallout of Wadle v. State, which overturned the long-used test for resolving substantive double jeopardy claims.
7th Circuit denies Kokomo man relief in sextortion case
A northern Indiana man involved in a sextortion scheme involving “many” individuals online, including minors, has failed to convince the 7th Circuit Court of Appeals that his constitutional rights were violated during an investigation by the FBI.
COA upholds murder convictions, 100-year sentence for teen convicted in siblings’ suffocation deaths
An Indiana teen convicted in adult court of killing two of his younger siblings has failed to convince the Court of Appeals of Indiana to toss his murder convictions or his 100-year sentence.
Gary man awarded $25.5M in lawsuit against ex-cop, Hammond
A federal jury has awarded a Gary man $25.5 million in his lawsuit alleging that a now-retired police officer violated his civil rights and deprived him of a fair trial in a case involving a 1980 rape and robbery.
Ex-Elkhart doctor gets 1 year for sexual battery of patients
A former northern Indiana doctor has been sentenced to one year in jail after admitting that he sexually battered two patients during examinations.
Ex-prison warden faces trial over inmate abuse allegations
The former warden of an abuse-plagued federal women’s prison known as the “rape club” goes on trial Monday, accused of molesting inmates and forcing them to pose naked in their cells.
Buffalo gunman pleads guilty in racist supermarket massacre
The white gunman who massacred 10 Black shoppers and workers at a Buffalo supermarket pleaded guilty Monday to murder and hate-motivated terrorism charges, guaranteeing he will spend the rest of his life in prison.
New state voter fraud units finding few cases from midterms
State-level law enforcement units created after the 2020 presidential election to investigate voter fraud are looking into scattered complaints more than two weeks after the midterms but have provided no indication of systemic problems.
Robing ceremony planned Monday for COA Judge Foley
| IL Staff
The Court of Appeals of Indiana’s newest judge will be robed next week in the Indiana Supreme Court courtroom.
Appellate court: Teen’s blood draw from fatal wreck must be suppressed
A teen involved in a fatal wreck will have her blood draw results suppressed after the Court of Appeals of Indiana determined the police officer at the scene violated her rights by failing to tell her she could speak with her mother before getting tested.
COA: Mistake of fact not enough to overturn seizure of drugs
Even though the driver was pulled over on a private roadway, the drugs seized as a result will still be admitted as evidence after the Court of Appeals of Indiana found the traffic stop was a mistake of fact and not a mistake of law.
Opinions Nov. 23, 2022
Court of Appeals of Indiana
L.W. v. State of Indiana
22A-JV-1138
Juvenile. Reverses the denial of L.W.’s. motion to suppress all evidence obtained in connection with a blood draw. Finds L.W. did not receive the protections mandated by Indiana Code § 31-32-5-1. Also finds that absent a valid consent or exigent circumstances, the state’s warrantless draw of L.W.’s blood violated her Fourth Amendment rights. Remands with instructions to grant L.W.’s motion to suppress.
Sentence revision not warranted for man kicked out of drug court, COA rules
A man who was kicked out of drug court for a variety of violations did not convince the Court of Appeals of Indiana that his explanations for the violations were valid.
Indiana lawmakers return ahead of new state budget debate
Indiana lawmakers returned to the Statehouse on Tuesday, fresh off Republican election victories that maintained the party’s dominance of the Legislature and facing a possible list of expensive proposals from GOP Gov. Eric Holcomb.
Froehle preparing to leave leadership post at Faegre
After 15 years leading an Indianapolis law firm that grew to become the 53rd largest in the nation with nearly $1 billion in revenue, Tom Froehle will be stepping aside next year as co-chair of what is now Faegre Drinker Biddle & Reath LLP.
Pence discusses Jan. 6, RFRA fallout at Indianapolis book signing
Former Vice President Mike Pence brought his book tour to his home state Tuesday, telling a crowd about his faith, the fallout from the Religious Freedom Restoration Act and his decision to defy calls to overturn the results of the 2020 election.
Former David A. Noyes CEO awarded $2M in damages, resolving dispute over termination
An arbitration panel has ordered Indianapolis-based firm Sanctuary Wealth and its predecessor firm, David A. Noyes & Co., to pay $2.06 million in compensatory damages to former Noyes CEO Mark Damer to resolve a yearslong dispute over Damer’s termination.