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Opinions Aug. 26, 2022

Court of Appeals of Indiana
Indiana State Police and State of Indiana v. The Estate of Michael M. Damore
21A-CT-2536
Civil tort. Reverses a ruling in favor of the Estate of Michael M. Damore, who was killed in a vehicle accident involving Indiana State Police. Finds the Lake Superior Court abused its discretion by excluding evidence of Michael’s driving behavior in the minutes before the collision and by striking the entirety of the defendant’s expert’s testimony based on a minor violation of the motion in limine that posed no serious risk of prejudice to the estate. Finds the trial court erred in failing to give some of the defendant’s propose jury instructions. Finally, concludes that insufficient evidence was presented to establish that Michael’s mother was his dependent for purposes of the General Wrongful Death Statute, and her recovery must therefore be limited to the amounts permitted by the Adult Wrongful Death Statute.

COA reverses hundreds in fees imposed upon thief

| Jordan Morey

A Clay County man will not have to pay a pair of fees imposed upon him by a trial court following his conviction of theft after the Court of Appeals of Indiana determined neither of the fees were authorized by statute.

Boy, 16, fatally shot at Greenwood bus stop

| Associated Press

Authorities have made an arrest in the fatal shooting of a 16-year-old boy who was gunned down Thursday morning in Greenwood while waiting  at a school bus stop by an assailant who fled the scene on foot, officials said.

FBI affidavit shows concerns about documents at Trump estate

| Associated Press

Fourteen of the 15 boxes recovered from former President Donald Trump’s Florida estate early this year contained documents with classification markings, including at the top secret level, according to an FBI affidavit released Friday explaining the justification for this month’s search of the property.

Opinions Aug. 25, 2022

Court of Appeals of Indiana
Mark Alan Hurley v. State of Indiana (mem. dec.)
22A-CR-298
Criminal. Affirms Mark Alan Hurley’s conviction of Level 6 felony battery on a person less than 14 years of age by a person over 18 years of age. Finds the totality of the evidence was sufficient to sustain the conviction.

Memo sheds light on decision to clear Trump in Russia probe

| Associated Press

Justice Department officials who evaluated then-President Donald Trump’s actions during the Russia investigation concluded that nothing he did, including firing the FBI director, rose to the level of obstruction of justice and that there was no precedent for a prosecution, according to a memo released Wednesday.

Uvalde school police chief fired for response to shooting

| Associated Press

The Uvalde school district has fired police chief Pete Arredondo under mounting pressure in the grieving Texas town to punish officers over the law enforcement response to the deadly elementary school massacre in which a man armed with an AR-15-style rifle remained in a fourth-grade classroom for more than an hour, killing 19 children and two teachers.

Opinions Aug. 24, 2022

Court of Appeals of Indiana
Ernest Ray Snow, Jr. v. State of Indiana, Bureau of Motor Vehicles
22A-IF-471
Infraction. Affirms the Marion Superior Court’s grant of relief from judgment for the Indiana Bureau of Motor Vehicles in a dispute with Ernest Ray Snow Jr. Finds Indiana Code § 34-28-5-15(b) does not apply to the BMV because the agency isn’t a case management system. Also finds the trial court did not err.