The Indiana Supreme Court on Thursday struck down lower court rulings in favor of an unpaid contractor that performed work for a South Bend business, finding that because the business’s assets are now owned by a bank rather than the prior company, the new bank-owned business is not liable for the bill.
Indiana Court of Appeals
Sarah Swingley v. City of Muncie, Ball State University, and Board of Trustees of Ball State University (mem. dec.)
20A-PL-1797
Civil plenary. Affirms the grant of summary judgment to Ball State University, its board of trustees and the city of Muncie on Sarah Swingley’s complaint filed after she was struck and run over by a pickup truck near the BSU campus. Finds the designated evidence does not reveal a genuine issue of material fact as to whether a duty was owed to Swingley by either BSU or by the city under applicable Indiana law. Also finds neither owed Swingley any duty recognized in Indiana. Finally, finds BSU and the city are entitled to judgment as a matter of law, and the Delaware Circuit Court did not err in granting summary judgment.
U.S. Supreme Court justices want Indiana to justify its absentee voting restrictions and have formally requested the Indiana Attorney General’s Office to respond to a constitutional challenge after the state previously waived its right to reply.
Indiana Court of Appeals
In the Matter of the Guardianship of Donnell Lee Roberts, an Adult (now deceased), James Wesley Frady v. Patrick Hart
20A-GU-1837
Guardianship. Affirms the Hancock Superior Court’s denial of James Frady’s petition to exercise estate planning over the Estate of Donnell Roberts but reverses the trial court’s decision to sustain the state’s objection to Frady depositing a check as instructed after Roberts’ death. Finds that after termination of guardianship, Indiana Code § 29-3-12-1(e) permitted Frady to deposit a check as instructed. Also finds the trial court was not required to hold a hearing regarding estate planning before dismissing the petitions.
Indiana Court of Appeals
Blind Hunting Club, LLC and Brian Lane v. David Martini and Theresa Farrell
20A-PL-1868
Civil plenary. Affirms the grant of summary judgment to David Martini and Theresa Farrell on their complaint for declaratory judgment against Blind Hunting Club LLC and Brian Lane regarding the scope of an easement. Finds the agreement as a whole and the parties’ course of conduct demonstrate that BHC can use the easement either to access the property for a farm purpose and/or to access no more than two residences. Also finds BHC’s fee-based hunting operation is not a “farm” and is therefore not permitted by the agreement. Finally, finds the Dearborn Circuit Court did not err when it concluded that a fee-based hunting operation is not a business contemplated by the easement.
Indiana Court of Appeals
Paul Poppe and Susan Poppe v. Angell Enterprises, Inc.
20A-CT-2211
Civil tort. Affirms the grant of summary judgment to Angell Enterprises Inc. on Paul and Susan Poppe’s negligence complaint. Finds Angell had no duty to protect the Poppes from being struck by an intoxicated driver. Also finds the Sullivan Superior Court did not err when it entered summary judgment for Angell.
Indiana Court of Appeals
Michael D. Wayne Fleming, III v. State of Indiana (mem. dec.)
20A-CR-935
Criminal. Affirms Michael Fleming III’s aggregate 85-year sentence for felony murder and Level 1 felony attempted murder. Finds the Madison Circuit Court did not abuse its sentencing discretion. Also finds Fleming’s sentence is not inappropriate in light of the nature of his offenses and his character.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Deborah M. v. Andrew M. Saul, Commissioner of Social Security
20-2570
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Tim A. Baker.
Civil. Affirms the denial of Deborah M.’s request for a remand of an administrative law judge’s determination that she has the capacity to perform light work and thus is not entitled to Social Security disability benefits. Finds the ALJ did not ignore a line of evidence contradicting her decision, her assessment of plaintiff’s symptoms was not patently wrong and she did not fail to note any supported manipulative limitations. Also finds the ALJ’s decision was supported by substantial evidence.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Roderick V. Lewis v. Dushan Zatecky
20-1642
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Reverses the denial of Roderick Lewis’ petition for writ of habeas corpus. Finds the decision of the last responsible state court was contrary to U.S. Supreme Court precedent, insofar as it held that Strickland, not Cronic, furnished the applicable rule, and it was an unreasonable application of Cronic, insofar as it focused on that case. Remands for the issuance of the writ, limited to resentencing. Judge Michael Brennan dissents with separate opinion.
A convicted murderer who during sentencing received “literally no assistance from his lawyer” won resentencing after a majority of a 7th Circuit Court of Appeals panel reversed the denial of his habeas petition. A dissenting judge, however, opined that the majority’s holding improperly expands U.S. Supreme Court precedent.
A company that operates health care facilities for people with mental disabilities has lost an appeal of judgments saying it was not entitled to reimbursement from the state’s Medicaid program for the costs of over-the-counter medication.
After the fanfare of the 2021 NCAA March Madness Tournament, the Indianapolis-based college athletics organization is heading back to the court — this time, an actual courtroom in the Circle City — in a contract dispute over a radio broadcast contract canceled during the pandemic.
Read Indiana appellate court decisions from the most recent reporting period.
An Indianapolis security guard who shot and killed a woman in her vehicle must remain in jail until his trial, the Indiana Court of Appeals has ruled, affirming the denial of the guard’s petition for release on bail in a “close case.”
The Indiana Supreme Court has granted transfer to two cases, including one case presenting an issue of first impression as to whether law enforcement can establish probable cause for a search warrant based only on the smell of marijuana.
Indiana Court of Appeals
Randy C. Axelrod, M.D. v. Anthem, Inc. and all of its affiliates, WellPoint, Inc., and Amgen, Inc.
19A-PL-1171
Civil plenary. Affirms the denial of Randy C. Axelrod’s motions for a mistrial or a new trial after a jury returned a verdict in favor of Anthem Inc. and all of its affiliates, WellPoint Inc. and Amgen Inc. Finds the Marion Superior Court did not misapply Indiana Trial Rule 60(B)(3).
A man’s three-year sentence for domestic battery and contempt of court was affirmed Tuesday by the Indiana Court of Appeals.
Indiana Court of Appeals
Jeffrey Archer v. State of Indiana
20A-CR-1677
Criminal. Reverses the grant of the state’s motion to quash Jeffrey Archer’s notice of deposition. Finds the state did not meet its showing of a paramount interest in non-disclosure under the Dillard test, so the Marion Superior Court abused its discretion by quashing the subpoena for L.B.’s deposition. Remands for proceedings.
An alleged child molesting victim must be deposed by her alleged molester’s defense team again, the Indiana Court of Appeals has ruled, finding the defendant is entitled to take a second deposition as he prepares for a second trial.
Indiana Court of Appeals
Tanika Stewart v. State of Indiana
20A-CR-1809
Criminal. Affirms Tanika Stewart’s felony murder conviction. Finds Stewart’s challenge to the admission of State’s Exhibit 34, video surveillance footage, is waived, and the Vanderburgh Circuit Court did not abuse its discretion in admitting State’s Exhibits 43 through 45, also video footage, due to their quality. Also finds any error in the exclusion of witness Antonio Bushrod’s statements was harmless. Finally, finds the state presented sufficient evidence to rebut Stewart’s self-defense claim.