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Opinions Sept. 12, 2022

Court of Appeals of Indiana
Travis Armes, Eric Settles, and Debra Pennington v. State of Indiana
21A-CR-2384
Criminal. Affirms opinion in Armes v. State, 191 N.E.3d 942 (Ind. Ct. App. 2022) which reversed the Marion Superior Court denial of the motions to dismiss the charging information against Travis Armes, Eric Settles and Debra Pennington. Finds LSA Document N. 20-516(E) which is the emergency rule that designated MDMB-4en-PINACA as a Schedule I controlled substance did not provide the chemical composition so a person of ordinary intelligence would not be able to determine through appropriate testing whether a material contained it.

Indiana justices take murder case overturned by COA

| IL Staff

The justices voted to grant transfer to Marquis David Young v. State of Indiana, 21A-CR-1125, a 2020 murder case from Lake Superior Court. Also, the justices voted to hear a dispute over an arbitration provision in a customer contract and a case involving property damage caused by a sewage overflow.

Opinions Sept. 9, 2022

Court of Appeals of Indiana
Damon Daniels v. Jeffrey Drake and Lisa Drake
22A-CT-68
Civil tort. Reverses and remands the Franklin Circuit Court’s grant of summary judgment to Jeffrey and Lisa Drake after FedEx driver Damon Daniels sued them for damages after the Drakes’ dog bit him on the job. Finds a genuine issue of material fact as to the dangerous tendencies of Great Danes, which, if true, the Drakes are likely to be aware of. As a result, finds that would generate a genuine issue as to whether the Drakes took reasonable precautions under the circumstances to prevent their dog from causing injury to Daniels, an invitee on their land. Remands for further proceedings.

FedEx driver secures COA reversal against dog owners

| Katie Stancombe

A FedEx driver bit by a dog despite the owners’ assurance that he was safe to deliver a package has secured a reversal from the Court of Appeals of Indiana. The appellate panel found questions remained about whether the owners knew their dog’s breed had dangerous propensities when the deliveryman was invited onto their property. 

Florida judge faces criticism following order in Trump case

| Associated Press

U.S. District Judge Aileen Cannon is facing sharp criticism following her decision this week to grant a request by former President Donald Trump’s legal team for an independent arbiter to review documents obtained during an FBI search of his Florida property last month.

Fed hoping higher rates won’t mean deep U.S. recession

| Associated Press

The last time the Federal Reserve faced inflation as high as it is now, in the early 1980s, it jacked up interest rates to double-digit levels—and in the process caused a deep recession and sharply higher unemployment. On Thursday, Chair Jerome Powell suggested that this time, the Fed won’t have to go nearly as far.

Judge approves $2.46B Boy Scouts reorganization plan

| Associated Press

A bankruptcy judge on Thursday approved a $2.46 billion reorganization plan proposed by the Boy Scouts of America, which would allow it to keep operating while compensating tens of thousands of men who say they were sexually abused as children while involved in Scouting.