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 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.
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 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.
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
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.
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.
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.
Read Indiana appellate court decisions from the most recent reporting period.
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.
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.
Read Indiana appellate decisions from the most recent reporting period.
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.
The United States Supreme Court formally refused Monday to put on a fast track multiple election challenges filed by President Donald Trump and his allies, including one filed by an Indianapolis law firm.
The United States Supreme Court on Tuesday wrestled with whether to revive a lawsuit brought by a Georgia college student who sued school officials after being prevented from distributing Christian literature on campus.
The Supreme Court on Tuesday seemed cautious about siding with oil and gas companies in a case involving global warming.
The United States Supreme Court’s ruling Wednesday in a multimillion-dollar dispute over a collection of religious artworks will make it harder for some lawsuits to be tried in U.S. courts over claims that property was taken from Jews during the Nazi era.
The Supreme Court of the United States on Wednesday seemed inclined to expand when officers can enter a suspect’s home without a warrant.
The Indiana Supreme Court has launched a new online tool providing information about daily dockets for courts in more than 30 Indiana counties. The tool follows court rules requiring courts to make daily calendars public and permitting courts to livestream proceedings due to COVID-19.
The Supreme Court of the United States seemed likely Tuesday to allow tribal police officers to stop and search non-Indians on tribal lands over concerns that drunk drivers or even violent criminals might otherwise elude authorities.