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Opinions April 22, 2022

Court of Appeals of Indiana
Biodynamic Extraction, LLC d/b/a Biodynamics Extract, LLC v. Kickapoo Creek Botanicals, LLC
21A-CT-2446
Civil tort. Affirms the denial of Biodynamic Extraction LLC d/b/a Biodynamic Extract LLC’s motion to set aside judgment pursuant to Indiana Trial Rule 60(B)(1), which affirmed summary judgment in favor of Kickapoo Creek Botanicals. Finds the Marion Superior Court did not abuse its discretion by denying BDX’s motion to set aside the default judgment entered against it. 

Fort Wayne attorney suspended for 2019 arrest

| IL Staff

Coming to an agreement with the Indiana Supreme Court Disciplinary Commission, a northern Indiana attorney with a lengthy disciplinary history has been suspended for at least one year from the practice of law for his 2019 arrest for possession of a legend drug.

Opinions April 21, 2022

Court of Appeals of Indiana
Jesse L. Mathews v. State of Indiana
20A-CR-2229
Criminal. Affirms the Clay Circuit Court’s decision to use the state’s jury instruction on the issue of motive in a partial decapitation case in which Jesse Mathews was convicted of felony murder and Level 6 felony abuse of a corpse. Finds that either the trial court or the state’s instruction would have produced the same verdict. Also finds the trial court did not abuse its discretion is excluding evidence of a witness’s purported call to a police officer. Finally, finds a mistrial was not warranted in response to an individuals’ spontaneous testimony regarding a possible polygraph test, and the cumulative effect of the trial court’s decisions does not require reversal of Mathews’ conviction.

SCOTUS hears case over deputy who didn’t read Miranda rights

| Associated Press

Everyone knows police aren’t supposed to question suspects without reading them their Miranda rights. But what happens when law enforcement officers don’t first read suspects their rights? The Supreme Court on Wednesday wrestled with whether a sheriff’s deputy can be sued for money damages for violating the rights of a hospital employee who was accused of sexually assaulting a patient.

Opinions April 20, 2022

Court of Appeals of Indiana
Cliff Decker and Wendy Decker, individually and on behalf of all others similarly situated v. Star Financial Group, Inc.
21A-PL-2191
Civil plenary. Reverses and remands the Allen Superior Court’s grant of a motion to compel arbitration filed by Star Financial Group, Inc. against Cliff and Wendy Decker. Finds that the Deckers did not receive reasonable notice of the arbitration provision. As such, finds the trial court erred by granting Star Financial’s motion to compel arbitration. Judge Terry Crone dissents with a separate opinion, opining that the Deckers’ failure to seasonably read the change notice does not relieve them from their contractual obligations.