COA rejects challenge to text message evidence, upholds meth dealing conviction
A man convicted of dealing meth based largely on text messages failed to convince the Indiana Court of Appeals that the messages were improperly admitted at his trial.
Court opinions
Articles
Split Supreme Court upholds denial of LWOP defendant’s pro se request
A Boone County murder defendant convicted and sentenced to life without parole failed to convince a majority of the Indiana Supreme Court that the trial court improperly denied his request to proceed pro se. The majority provided an analysis for considering pro se requests in capital and LWOP sentences, but minority justices raised concerns about the majority “till(ing) new constitutional soil.”
Opinions May 4, 2021
Indiana Court of Appeals
National Collegiate Athletic Association v. Jennifer Finnerty, Individually and as Personal Representative of the Estate of Cullen Finnerty, and Carol Anderson, Individually, and as Personal Representative of the Estate of Neal Anderson, and Maura Solonoski, Individually, and as Attorney-In-Fact for Andrew Solonoski Jr.
20A-CT-1069
Civil tort. Dismisses the NCAA’s appeal of the denial of its protective order to quash the depositions of Mark Emmert, Donald Remy and Dr. Brian Hainline. Finds the NCAA’s repetitive motion for a protective order/motion to reconsider did not extend the time for an interlocutory appeal of the Marion Superior Court’s denial, so the appeal is untimely. Also finds there are no extraordinarily compelling reasons to consider the merits of the appeal. Judge Elizabeth Tavitas dissents with separate opinion.
Hospital indemnity claim against doctors subject to med-mal act, COA rules
Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act, the Indiana Court of Appeals ruled Tuesday, finding the language of the MMA is not limited to claims brought by patients or their representatives. The court issued its ruling in a case involving a dispute between a hospital and independent radiologists.
NCAA bid to shield executives from concussion suit depositions dismissed
Indianapolis-based NCAA’s appeal seeking to bar depositions of key executives in a concussion-injury lawsuit filed by the estates of former college football players was dismissed Tuesday. A divided Indiana Court of Appeals panel found the appeal untimely.
SCOTUS denies juvenile LWOP sentence appeal in 1994 Ball State murder
The United States Supreme Court waited exactly three years to reject the appeal petition of a defendant sentenced to life without parole for a murder he committed near Ball State University 27 years ago when he was 17.
COA affirms relief from default judgment for defendant claiming identity theft
Default judgment against a man claiming to be the victim of identity theft in a criminal case was properly set aside, the Indiana Court of Appeals ruled Monday. The court held that the man was not required to provide a factual basis for his defense in the initial stages of the proceeding.
Opinions May 3, 2021
Indiana Court of Appeals
Service Steel Warehouse Co., L.P. v. United States Steel Corp.
20A-CC-1643
Civil collection. Reverses the entry of partial summary judgment in favor of United States Steel Corp. on Service Steel Warehouse Co.’s mechanic’s lien foreclosure claim. Finds Indiana’s mechanic’s lien statute does not require on-site labor for subcontractor status, and the essential feature making one a subcontractor, rather than a material supplier, is the performance of a definite and substantial portion of the project’s prime contract. Also finds Service Steel’s mechanic’s lien is not barred by the supplier-to-supplier prohibition. Finally, finds the Lake Superior Court erred in granting summary judgment on favor of U.S. Steel. Remands for further proceedings.
Opinions April 30, 2021
7th Circuit Court of Appeals
USA v. David Gibson and Jerry Harris
20-1236 & 20-2234
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Criminal. Affirms the Northern District Court’s denial of Jerry Harris and David Gibson’s motion to suppress evidence collected from cellphone tracking that revealed a heroin drug-trafficking scheme, as well as their respective sentences for conviction of conspiring to distribute one kilogram or more of heroin.
An unusual coalition as Supreme Court rules for immigrant
An unusual coalition of Supreme Court justices joined Thursday to rule in favor of an immigrant fighting deportation in a case that the court said turned on the meaning of the shortest word, “a.”
Opinions April 29, 2021
Indiana Court of Appeals
Nancy S. Allsup v. Josie Swalls-Thompson
20A-MI-2333
Miscellaneous. Affirms the denial of a post-election contest petition filed by Nancy S. Allsup, the incumbent candidate for the office of Vigo County treasurer, against the winning candidate, Jose Swalls-Thompson. Finds the Vigo Circuit Court’s findings support its conclusion that “the evidence is undisputed that Swalls-Thompson moved back to Vigo County after her marriage in August 2017 and has resided here ever since with her husband in his house.” Also finds the trial court’s denial of Allsup’s post-election contest petition was not clearly erroneous.
Opinions April 28, 2021
Indiana Court of Appeals
Rebecca Minser and Tina Zion v. DeKalb County Plan Commission
20A-PL-2408
Civil plenary. Affirms the grant of summary judgment to the DeKalb County Plan Commission on its complaint alleging Rebecca Minser and Tina Zion constructed a pond in violation of the DeKalb County Unified Development Ordinance, as well as the finding that Minser and Zion can be ordered to fill in the pond. Reverses the award of attorney fees to the commission. Finds the DeKalb Superior Court did not err when it awarded summary judgment to the commission and ordered a fine of $1,000. Also finds the trial court did err in awarding attorney fees to the commission. Remands with instructions to vacate the attorney fee award.
Juvenile lifer who set precedent sentenced to life again
In reviewing Evan Miller’s case, the U.S. Supreme Court banned mandatory life without parole sentences for juveniles — saying judges and juries should consider the special factors of youth — a decision that eventually led to inmates across the country getting a chance at release. But Miller will not get that chance.
Indiana Court decisions – April 8-21, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Opinions April 27, 2021
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
USA v. Rex Hammond
19-2357
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms Rex Hammond’s 47-year sentence for conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) and two counts of brandishing a weapon during a crime of violence in violation of 18 U.S.C. § 924(c). Finds that none of the evidence stemming from Hammond’s Oct.31, 2017 arrest must be suppressed, finding that the collection of his real-time CSLI was not a search; the resulting traffic stop was valid under Whren v. United States, 517 U.S. 806 (1996); officers read Hammond his Miranda rights prior to his verbal statements; and the physical evidence recovered from the car was discovered pursuant to a valid search warrant. Also finds that the district court did not err in instructing the jury regarding the felon-in-possession charge under Rehaif v. United States, 139 S. Ct. 2191 (2019). Lastly, finds his sentence should not be vacated under the guidelines.
7th Circuit: 47-year sentence affirmed for Indiana man in armed robbery crime spree
A Hoosier man caught after leading a string of armed robberies in the Midwest could not convince the 7th Circuit Court of Appeals that both his conviction and sentence should be overturned and vacated.
Opinions April 26, 2021
Indiana Court of Appeals
Aaron James Kearney v. State of Indiana (mem. dec.)
20A-CR-02117
Criminal. Affirms Aaron James Kearney’s aggregate two-year sentence in community corrections for conviction of Level 6 felony pointing a firearm and Class A misdemeanor intimidation. Finds sufficient evidence to support Kearney’s conviction for intimidation. Also finds the Lake Superior Court did not abuse its discretion by failing to instruct the jury on the defense of property.
Justices toss suppression of drug evidence in home-detention search
A defendant sentenced to home detention waived his rights protecting him against searches and seizures even without reasonable suspicion, the Indiana Supreme Court ruled Friday, overturning the suppression of evidence found during a home-detention search.
Opinions April 23, 2021
The following opinions were posted after IL deadline Thursday:
7th Circuit Court of Appeals
Rexing Quality Eggs v. Rembrandt Enterprises, Inc. v. Joseph L. Rexing, et al.
20-1726, -1727
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Jane Magnus-Stinson.
Civil. Affirms the award of $1,522,302.61 in damages for Rembrandt Enterprises Inc. in its contract repudiation dispute with Rexing Quality Eggs, but reverses the district court’s denial of Rembrandt’s request for interest and fees. Finds the district court properly concluded that the resale remedy under Iowa’s version of the Uniform Commercial Code was the appropriate mechanism for calculating Rembrandt’s damages. Also finds Rexing waived its arguments challenging the jury’s damages award by not presenting them to the district court in a postverdict motion. Finally, finds the parties’ agreement fell within the Business Credit Exception to Iowa’s usury statute. Remands for further proceedings.
7th Circuit rules for egg supplier in spoiled contract case
Despite a buyer’s ruffled feathers, the 7th Circuit Court of Appeals has upheld judgment for an egg supplier in a contractual dispute. Further, the appellate panel remanded for the calculation of interest and fees resulting from the cracked relationship.