Indiana Court Decisions – Dec. 3-15, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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DTCI: Life lesson from a year in prison: Don’t take it personally
Nearly 30 years ago, between college and law school, I spent a year of my life in prison — working that is — as a correctional officer for the Indiana Department of Correction. While the work was anything but glamorous, I have always appreciated that experience, where I learned more than a couple of important lessons.
IndyBar: Construction Issues for the Development Lawyer
In the current ever-changing landscape, the development lawyer who takes a critical look at standard practices and finds new ways to help clients accomplish goals efficiently will play an invaluable role in the development’s success.
Hammerle on… “The Prom,” Christmas 2020
Movie reviewer Robert Hammerle observes that the roller coaster ride of Netflix’s “The Prom” might not be too popular in its setting of the Hoosier State and shares memories of Christmases past.
State has been reporting inaccurate COVID-19 positivity rate due to computational error
Indiana health officials have erred in reporting the state’s COVID-19 positivity rate since the beginning of the pandemic due to a problem with the way it was computed, resulting in a lower rate than would be accurate.
Opinions Dec. 22, 2020
Indiana Court of Appeals
Michael Wisdom v. State of Indiana
20A-CR-931
Criminal. Affirms Michael Wisdom’s 16-year sentence for his conviction of Level 4 possession of a schedule II narcotic drug and a gang-related sentencing enhancement. Finds Wisdom was not twice prosecuted for the same offense in violation of the Indiana Constitution. Also finds the Vanderburgh Circuit Court did not abuse its discretion by admitting into evidence posts from Facebook and Instagram.
COA upholds gang-related sentence enhancement
An Evansville man whose sentence was enhanced for gang-related activity could not convince the Indiana Court of Appeals that he was prosecuted twice for the same offense in violation of the Indiana Constitution.
Appeals panel splits on division of $1M retirement accounts in prenup dispute
A dispute over the terms of a prenuptial agreement has resulted in the division of part of a man’s nearly $1 million retirement accounts with his ex-wife. A dissenting judge, however, would not award the wife any portion of the retirement funds.
Alabama firm part of Dentons’ expansion
| IL Staff
Dentons’ Project Golden Spike initiative launched by the combination with the former Bingham Greenebaum Doll is preparing to roll through Alabama with plans to combine with Sirote & Permutt, a law firm with five locations in the state and 86 attorneys.
Statehouse rotunda appellate filing drop box available again
| IL Staff
The Indiana Statehouse rotunda filing drop box is once again accessible for appellate case filings as public access to the Statehouse has been reinstated, the Indiana Supreme Court and Indiana Court of Appeals have announced. As such, appropriate in-person filing at the clerk’s office is once again permitted.
Huntington Co. prosecutor to lead prosecutors’ association in 2021
| IL Staff
Huntington County Prosecutor Amy Richison will serve as president of the Association of Indiana Prosecuting Attorneys Inc. in 2021, the Indiana Prosecuting Attorneys Council has announced.
Supreme Court certifies, recertifies senior judges
| IL Staff
The Indiana Supreme Court has certified two additional judicial officers as senior judges for 2021.
Madison Co. council member charged with child pornography, solicitation
A member of a central Indiana county council was charged Monday with child solicitation and possession of child pornography.
Indiana virus hospitalizations down but deaths remain high
Indiana’s coronavirus-related hospitalizations continued their recent decline over the weekend, pointing to possible improvement even as the state’s daily rate of COVID-19 deaths has gone up slightly to a new high.
$900B COVID relief bill passed by Congress, sent to Trump
Congress passed a $900 billion pandemic relief package that would finally deliver long-sought cash to businesses and individuals and resources to vaccinate a nation confronting a frightening surge in COVID-19 cases and deaths.
Opinions Dec. 21, 2020
Indiana Court of Appeals
Julianne Solomon, Personal Representative of The Estate of Paul J. Martin v. Lia Lindsey
20A-PL-822
Civil plenary. Affirms the Marion Superior Court’s grant of summary judgment to Lia Lindsey concerning the rightful owner of the proceeds from an investment account held by Paul Martin and Lindsey as joint tenants with rights of survivorship. Finds the proceeds belong to Lindsey as the surviving joint account owner as a matter of law.
7th Circuit: Appellate waiver precludes Nigerian national’s appeal despite immigration risks
An appellate waiver in a plea agreement has resulted in the dismissal of an appeal from a Nigerian national who pleaded guilty to defrauding the U.S. government out of millions. The dismissal comes as the man now faces deportation due to his crimes.
Panel rejects Gary killer’s post-conviction appeal
A Lake County man sentenced to 120 years in prison after he was convicted in a second jury trial of a 2013 murder and attempted murder lost his appeal claiming his defense counsel was ineffective.
Tax Court sinks claim for research credit
Arguments made by a custom boat builder along the Ohio River failed to float in a case of first impression after the Indiana Tax Court found the company did not qualify for the state’s research expense tax credit.
COA affirms wife must distribute $351K to late husband’s daughter
The wife and personal representative of a man who died in 2018 must provide more than $351,000 she cashed from an account that a trial court ruled belonged to the deceased’s daughter, the Indiana Court of Appeals affirmed Monday.