The Supreme Court of the United States wrestled Wednesday with a case that could make it easier for the president to fire the head of the agency that oversees government-controlled mortgage giants Fannie Mae and Freddie Mac.
Read Indiana appellate decisions from the most recent reporting period.
Indiana Court of Appeals
Javan D. Brown v. State of Indiana
20A-CR-125
Criminal. Affirms Javan Brown’s aggregate 6½-year conviction for Level 5 felony reckless homicide and Class A misdemeanor dangerous possession of a firearm. Finds that Brown’s argument that the LaPorte Superior Court erred by excluding his mother from the courtroom fails. Also finds that the trial court did not err by allowing the jury to examine and pull the trigger on the firearm during deliberations. Finds the evidence is sufficient to sustain Brown’s conviction for reckless homicide, and finds both convictions do not constitute double jeopardy. Finds his sentence is not inappropriate and the trial court did not abuse its discretion in sentencing him.
The Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, finding he waived his ineffective-assistance-of-counsel argument.
Read Indiana appellate court decisions from the most recent reporting period.
Journalists and artists for the Indiana Lawyer collected six statewide awards for work produced in 2019, the Indiana Society of Professional Journalists announced in results for the annual Best of Indiana journalism contest.
A northern Indiana lawyer who was indefinitely suspended in March after he pleaded guilty to multiple felony theft charges was disbarred Wednesday by the Indiana Supreme Court.
Indiana Court of Appeals
Clover Homes , et al. v. Timberland Home Center , et al.
19A-CC-1889
Civil collection. Reverses the Putnam Superior Court’s order granting the motion to transfer venue filed by Tracy and Robbyn Nash against Floyd Freeman and Clover Homes Inc. Finds that because the original plaintiffs filed the case in a county with preferred venue, the trial court erred by transferring the action to another county with preferred venue.
The following opinions were posted after IL deadline Tuesday.
7th Circuit Court of Appeals
USA v. Monique Bowling
19-2110
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Affirms Monique Bowling’s 63-month sentence for conviction of theft from a local government that received federal funds under 18 U.S.C. § 666(a)(1)(A). Finds the federal funds element was met when the parties stipulated that the City of Gary received more than $10,000 in federal benefits in a one-year period. Also finds no error in admitting testimony under Rule 404(b) and that the district court’s finding that Bowling deliberately exaggerated her mental health symptoms and remained mute to unnecessarily delay the proceedings does not need to be disturbed.
Indiana Court of Appeals
Aaron B. Hoskins v. State of Indiana
19A-CR-2387
Criminal. Dismisses Aaron Hoskins’ appeal of his Level 6 felony conviction for unlawful possession of a syringe and the revocation of his probation. Finds Hoskins’ claim cannot be presented on direct appeal and must instead be presented in a petition for post-conviction relief because he pleaded guilty.
A Lake County man who stabbed repeatedly stabbed his wife did not convince the Indiana Court of Appeals on Wednesday that his nearly 30-year sentence for the crime was inappropriate.
Indiana Supreme Court
Bradley A. Estabrook v. Mazak Corporation
19S-CQ-590
Certified question. Holds that Indiana Code § 34-20-3-1(b) is a statute of repose that cannot be extended by a manufacturer’s post-delivery repair, refurbishment or reconstruction of the disputed product. Finds the Indiana Legislature wrote “or” but meant “and” in the conjunction separating the accrual and repose provisions.
Indiana Court of Appeals
Flavia Rasheed v. Rocky Rasheed
19A-DC-1722
Domestic relation with children. Reverses the Marion Superior Court’s award of joint legal custody between Flavia and Rocky Rasheed. Finds the trial court erred. Remands for an entry of a modified decree of dissolution providing that Mother have sole legal custody.
Indiana Court of Appeals
Jarmone Darrell Davis v. State of Indiana
19A-CR01925
Criminal. Affirms and reverses in part Jarmone Davis’ convictions of Level 5 felony corrupt business influence, Level 2 felony conspiracy to commit dealing in a narcotic drug of 10 grams or more and Level 2 felony conspiracy to commit dealing in methamphetamine of at least 10 grams or more, and his 36-year executed sentence. Finds sufficient evidence to sustain Davis’ conspiracy convictions, and finds those convictions do not violate double jeopardy principles under the actual evidence test. However, finds inappropriate and thus reverses Davis’ consecutive sentences for his Level 2 felony conspiracy to commit dealing convictions. Remands to the Tippecanoe Superior Court to issue a new sentencing order consistent with the opinion.
Indiana Court of Appeals
Robert L Williams v. Gavin H. Inglis, M.D., and St. Vincent Hospital and Health Center
19A-CT-1438
Civil tort. Affirms the Marion Superior Court’s denial of Robert Williams’ motion to amend his complaint to add a federal claim and the trial court’s grant of partial summary judgment to St. Vincent Hospital and Health Care Center on Williams’ medical malpractice claim. Finds the trial court did not err.
The Indiana Court of Appeals has vacated an order requiring an Edinburgh antique store to leave its place of business, finding an agreement between the store and the real estate’s owner was a land sale contract and not a lease subject to an eviction proceeding.
Indiana Court of Appeals
Termination: J H, et al. v. Child Advocates Inc, et al.
19A-JT-01549
Juvenile termination. Affirms the Marion Superior Court’s termination of J.H. and W.D.’s parental rights to their minor child, C.D. Finds the trial court did not clearly err in determining that there was sufficient evidence to support the termination of parental rights. Finds their right to consent to C.D.’s adoption was rightly terminated.
A mother and father whose parental rights were terminated did not persuade the Indiana Court of Appeals to reverse the termination because they were deprived of the right to determine their child’s adoptive placement.
7th Circuit Court of Appeals
Judy Prater v. Andrew Saul
19-2263
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee.
Civil. Affirms the denial of Judy Prater’s request for Social Security disability insurance benefits based on a variety of her mental and physical impairments. Finds that the sit/stand limitation in Prater’s residual functional capacity assessment specifies that Prater may change positions as needed so long as she remains in position for at least 30 minutes at a time. Finds the RFC formulation as not vague and that the decision is supported by substantial evidence.
The Indiana Court of Appeals has affirmed a man’s theft conviction, finding testimony about what a law enforcement officer saw on a CVS pharmacy’s security footage did not violate the best evidence rule.