A Lake County woman whose medical records were unknowingly shared with her employer by a Community Hospital worker in Munster who took her x-rays has won a reversal of her dismissed complaint against the hospital.
An adoptive father’s child molesting conviction will stand, a divided appellate court determined Tuesday, disagreeing as to whether privileged records from a one-on-one counseling session with the victim should be admitted.
Indiana Court of Appeals
Jimmy E. Crase v. State of Indiana (mem. dec.)
18A-CR-2423
Criminal. Affirms Jimmy E. Crase’s conviction of two counts of Class B felony child molestation. Finds there is sufficient to support Crase’s classification as a credit restricted felon.
Situated at the head of a table in the Indiana Supreme Court’s law library, Chief Justice Loretta Rush shared her thoughts Wednesday on the judiciary’s recently released annual report.
A former sheriff’s captain in Elkhart charged with lying during an investigation into alleged wage theft by employees he supervised has pleaded guilty in the case. Jim Bradberry, 50, entered the plea to one of three counts of false informing.
The Indiana Court of Appeals has dismissed a man’s appeal of a preliminary injunction against him in a noncompete dispute with the bank that formerly employed him.
A man convicted of child molesting failed to convince the Indiana Court of Appeals on Wednesday that testimony referring to the victim’s out-of-court statements should have been excluded at trial.
Indiana Court of Appeals
William Hedrick v. State of Indiana
18A-CR-01945
Criminal. Grants William Hedrick’s petition for rehearing to correct errors in the Indiana Court of Appeals’ original opinion. Reaffirms the original opinion in all other respects, holding the erroneous admission of the Drug Enforcement Administration agent’s deposition testimony was harmless.
A man’s public intoxication conviction has been reversed after he successfully argued to the Indiana Court of Appeals that his life was not endangered by being drunk next to an Indianapolis street.
A Muncie pain clinic doctor convicted of forgery and prescription-related offenses had his petition for rehearing granted Thursday. However, the Indiana Court of Appeals held that while testimony admitted from a Drug Enforcement Administration agent was in error, it was harmless.
A convicted child molester who was previously admonished for attempting to circumvent appellate procedures has again lost a case at the Indiana Court of Appeals, this time for legal malpractice allegations against his trial counsel.
The Indiana Court of Appeals declined Wednesday to accept a formerly incarcerated man’s argument that a trial court abused its discretion in denying his motion to dismiss charges against him under the speedy-trial rule.
Indiana Court of Appeals
Cheryl Barron Doll v. Steven E Post, et al.
19A-TR-715
Trust. Reverses the DeKalb Superior Court’s judgment denying Cheryl Doll’s motion to intervene based on the trial court’s interpretation of the residuary clause of Ollie Waid Jr.’s revocable living trust. Finds the language of the residuary clause does not identify a beneficiary with reasonable certainty. Remands and instructs the trial court to grant Doll’s motion to intervene and to direct trustee Steven Post to hold the reside of the trust for Waid’s estate, and instructs the court to direct Post to distribute the residue to Waid’s heirs at law pursuant to the appellate court’s intestate succession statutes.
An auto financing company took a hit after the Indiana Court of Appeals reinstated a car dealer’s breach of contract and defamation complaints in a dispute over vehicles purchased at auction.
Indiana Court of Appeals
Pinch-N-Post, LLC v. Verna L. McIntosh
19A-TP-00239
Tax deed. Affirms in part Verna McIntosh’s assertion that a notice sent by Pinch-N-Post, LLC that included the redemption amount for property she owned would have led a reasonable person to conclude that the total redemption amount was far greater than it actually was. However, finds the St. Joseph Circuit Court should have ordered a new redemption period and reverses and remands with instructions to order a new 120-day redemption period, with notice under Indiana Code section 6-1.1-25-4.5 to be given not later than 90 days after the order. Judge Elizabeth Tavitas concurs in part and dissents in part with a separate opinion, and would void the tax sale.
A divided Indiana Court of Appeals affirmed that the inclusion of an overbid in a tax-sale purchased home’s redemption amount was misleading, but the majority still ultimately offered a second chance for a proper notice to be sent.
A mother who made threatening social media posts toward a police officer after her son’s death has lost an appeal of her harassment conviction. The Indiana Court of Appeals divided on the sufficiency of evidence supporting her conviction, while a dissenting judge also declared the state’s harassment law “unconstitutionally overbroad and facially invalid because it is susceptible of prohibiting protected expression.”
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
USA v. Curtis L. Johnson
18-2350
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. District Judge Michael J. Reagan.
Criminal. Dismisses Curtis Johnson’s appeal of his 21-month sentence for conviction of wire fraud and upholds the appeal waiver in his guilty plea agreement. Finds no fundamental error and that Johnson’s circumstances do not present a due process exception to the rule that most written appeal waivers are effective. Concludes Johnson does not fall outside of the limits to an appeal waiver.
7th Circuit Court of Appeals
Christopher Regan and Northwest Indiana Creative Investors Association, Inc. v. City of Hammond, Indiana
18-3051
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Civil. Affirms the entry of summary judgment against Christopher Regan and Northwest Indiana Creative Investors Association Inc. Finds the city of Hammond’s licensing ordinance does not discriminate based on the domicile of a homeowner in name or effect and has the support of a rational basis, so it poses no problem under the dormant commerce clause.
The Indiana Court of Appeals has reversed a man’s denied petition for relief from what he alleged as conspiracy to wrongfully convict and confine him, among other things, after finding a post-conviction court erred in the procedure it used to dispose of his petition.