Indiana Court Decisions: Oct. 6-19, 2022
Read Indiana appellate court decisions from the latest reporting period.
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Yes or no question: ISBA poll helps Hoosiers vote for appellate retention
Indiana Lawyer reviewed the results of appellate retention votes and ISBA member polls for the last 12 years. Highlighted are selected results.
Trial court finds no wrongdoing, rules for Indiana Treasurer Mitchell, Ice Miller and other defendants
A Marion Superior Court has dismissed the whistleblower lawsuit filed against Indiana Treasurer Kelly Mitchell and a slew of other defendants, including the law firm Ice Miller.
Opinions Oct. 25, 2022
Court of Appeals of Indiana
Jeremiah Jordyn Smith v. State of Indiana
22A-CR-364
Criminal. Reverses the Tippecanoe Superior Court’s grant of the state’s motion to revoke the pretrial diversion agreement entered into with Jeremiah Jordyn Smith. Finds Smith’s diversion agreement was supported by consideration and the state was bound by its terms. Also finds revoking Smith’s diversion agreement without cause was a breach of the agreement’s terms. Remands with instructions to dismiss the case against Smith with prejudice.
Indiana Lt. Gov. Crouch returns from COVID-19 infection
Indiana Lt. Gov. Suzanne Crouch resumed public events on Tuesday after tests confirmed she had recovered from a COVID-19 infection, her office said.
COA allows suppression of drugs found in purse based on constitutional violations
A woman who was criminally charged after drugs were found in her purse as part of a search of someone else’s home has convinced the Court of Appeals of Indiana that the drug evidence should be suppressed.
Reversal: Trial court breached contract when it revoked pretrial diversion agreement
The state must keep its end of the deal in a pretrial diversion agreement entered into by a man facing sex offense-related charges, the Court of Appeals of Indiana has ruled, reversing an order allowing the state to withdraw the agreement.
JNC sends 3 finalists to governor for COA appointment replacing Molter
| IL Staff
Indiana Gov. Eric Holcomb now has the names of the three finalists chosen by the state’s Judicial Nominating Commission to fill a vacancy on the Court of Appeals of Indiana left by now-Justice Derek Molter. Holcomb has until Dec. 22 to make his selection.
Which states put marijuana on the ballot in 2022?
Recreational marijuana could be legal in half the country if the handful of states with cannabis measures on ballots this November pass them.
USPS honoring late Justice Ruth Bader Ginsburg with stamp
The U.S. Postal Service is honoring the late Supreme Court Justice Ruth Bader Ginsburg as “an icon of American culture” with a stamp in the new year.
Russian court rejects Griner appeal against 9-year sentence
A Russian court on Tuesday upheld the nine-year prison sentence handed to American basketball star Brittney Griner for drug possession, rejecting her appeal.
Indiana man gets 5 years in prison on Capitol riot charges
A central Indiana man has been sentenced to prison after pleading guilty to carrying a loaded gun on the Capitol grounds and assaulting police during the Jan. 6, 2021, riot at the U.S. Capitol.
HHC sued for Open Door violation in Talevski case
A lawsuit has been filed against the members of the Health & Hospital Corporation of Marion County Board of Trustees for violating Indiana’s Open Door Law in appealing a nursing home dispute to the U.S. Supreme Court.
Opinions Oct. 24, 2022
Court of Appeals of Indiana
People for Community, Inc./PFC, Isaac Fincher v. City of Fort Wayne Neighborhood Code Compliance
22A-MI-447
Miscellaneous. Affirms the dismissal of the complaint filed by Rev. Isaac Fincher in Allen Circuit Court on behalf of People for Community Inc. Finds PFC’s argument fails on the merits because the trial court gave PFC ample opportunities to secure counsel. Concludes the COA cannot say that the trial court abused its discretion by failing to give PFC even more time to secure counsel as it gave PFC ample time to do so.
COA holds video evidence of little use to defendant
Video from a domestic violence incident at a liquor store would likely not have helped a South Bend man avoid a felony conviction and revocation of his probation, the Court of Appeals of Indiana has ruled.
COA: Confusion at sentencing not enough for post-conviction relief
A Marion County man who learned at his hearing that, contrary to his attorneys’ advice, 10 years of his sentence was non-suspendable will still have to serve his time.
Divided COA reverses CHINS adjudications
A split appellate panel has reversed two child in need of services adjudications, finding a trial court’s decision was clearly erroneous. However, a lone judge dissented, opining that the Department of Child Services met its burden of proof.
COA: Pastor’s complaint seeking to stop demolition rightfully dismissed
A Fort Wayne pastor who filed a complaint to stop the city from demolishing a building on his nonprofit’s property didn’t have authority to represent the organization in court, the Court of Appeals of Indiana has affirmed.
US Attorney Myers appoints district election officer for general election
| IL Staff
An assistant United States Attorney for the Southern District of Indiana will lead the efforts of her office in connection with the Justice Department’s nationwide Election Day Program for the upcoming general election.
Athlete advocacy group files complaint with DOJ against NCAA
An organization calling for reform in college sports has filed a complaint with the U.S Justice Department against the NCAA, accusing those involved with the governing body of violating antitrust laws by capping compensation to athletes.
