A trial court that rewrote the jury instructions offered by the Indiana Supreme Court proves everybody is an editor, but the Indiana Court of Appeals ruled the editing did not create an error that would overturn the defendant’s convictions.
A split Indiana Court of Appeals panel has reversed a damages award to a nursing home in its breach of warranty dispute with a roofing company, with a dissenting judge arguing that the damage award was within the scope of the evidence.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
USA v. Hector S. Castro-Aguirre
19-1074
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms the various drug and conspiracy convictions and sentences of Hector Saul Castro-Aguirre, John Ramirez-Prado, and Rafael Rojas-Reyes. However, vacates Jose Manuel Carrillo-Tremillo’s conviction and sentence for conspiracy to launder money upon finding no evidence that would permit a rational trier of fact to connect Carrillo-Tremillo to a conspiracy to launder money. Remands his case for resentencing.
A panel of the Indiana Court of Appeals has affirmed for the Scott County Board of Commissioners and other defendants in a dispute brought by a farm owner who dislikes the idea of having a barn event venue constructed next to her home.
Indiana Court of Appeals
Paula Henderson v. New Wineskin Ministries Corporation
20A-CT-1317
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment to New Wineskin Ministries Corporation on Paula Henderson’s negligence complaint after she slipped and fell in the church parking lot. Finds “premises” as used in Indiana Code Section 34-31-7-2 includes parking lots and the undisputed evidence shows the danger that caused Henderson’s injury was not hidden. Thus, the trial court did not err in granting summary judgment to New Wineskin.
The Indiana Court of Appeals has affirmed a judgment favoring Menard, Inc. following a Southern Indiana motorcycle crash that occurred when a couple hit a wooden pallet in the middle of the road, injuring one rider.
A woman injured after slipping in an icy church parking lot could not convince the Indiana Court of Appeals that her fall was caused by a hidden danger and that her negligence suit was wrongly decided.
The following Supreme Court opinion was posted after IL deadline on Tuesday.
Brian J. Allen v. State of Indiana
20S-XP-506
Expungement. Reverses the Dearborn Superior Court’s order denying Brian Allen’s petition for expungement and remands with instructions for the court to reconsider its decision consistent with the Supreme Court’s opinion. Finds Allen was eligible for an expungement and that the trial court didn’t indicate why it denied Allen’s petition for expungement.
Indiana’s child pornography statute is not unconstitutionally vague, the Indiana Court of Appeals ruled Wednesday, rejecting a northern Indiana man’s challenge to his conviction. The appeals court also found the evidence against the defendant was supported a jury’s guilty verdict.
An Indianapolis abortion clinic is suing the state of Indiana, challenging provisions of a state law upheld last year by the U.S. Supreme Court requiring fetal remains to be buried or cremated after an abortion.
The Indiana Supreme Court recently issued a disciplinary opinion that addressed the issues of confidentiality clauses in settlement agreements, a lawyer’s handling of contraband, and the tension between a lawyer’s duty to report child abuse and the lawyer’s duty of confidentiality.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Michael Wisdom v. State of Indiana
20A-CR-931
Criminal. Affirms Michael Wisdom’s 16-year sentence for his conviction of Level 4 possession of a schedule II narcotic drug and a gang-related sentencing enhancement. Finds Wisdom was not twice prosecuted for the same offense in violation of the Indiana Constitution. Also finds the Vanderburgh Circuit Court did not abuse its discretion by admitting into evidence posts from Facebook and Instagram.
An Evansville man whose sentence was enhanced for gang-related activity could not convince the Indiana Court of Appeals that he was prosecuted twice for the same offense in violation of the Indiana Constitution.
A dispute over the terms of a prenuptial agreement has resulted in the division of part of a man’s nearly $1 million retirement accounts with his ex-wife. A dissenting judge, however, would not award the wife any portion of the retirement funds.
Indiana Court of Appeals
Julianne Solomon, Personal Representative of The Estate of Paul J. Martin v. Lia Lindsey
20A-PL-822
Civil plenary. Affirms the Marion Superior Court’s grant of summary judgment to Lia Lindsey concerning the rightful owner of the proceeds from an investment account held by Paul Martin and Lindsey as joint tenants with rights of survivorship. Finds the proceeds belong to Lindsey as the surviving joint account owner as a matter of law.
A divided Supreme Court has dismissed as premature a challenge to President Donald Trump’s plan to exclude people living in the country illegally from the population count used to allot states seats in the House of Representatives.
7th Circuit Court of Appeals
United States of America v. Tanisha A. Banks
19-3245
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Theresa L. Springmann.
Criminal. Vacates the judgment against Tanisha Banks after presuming that the risk of juror coercion was clear and obvious and that it prejudiced Banks and seriously affected the fairness of the proceedings. Finds the totality of the circumstances created a clear and obvious risk of juror coercion. Remands for a new trial.
The 7th Circuit Court of Appeals has reversed guilty verdicts against a former Merrillville postal worker convicted in a robbery scheme, finding that a holdout juror at the woman’s trial was subjected to “impermissible coercion.”
A woman suing her doctor for medical malpractice won a reversal in her favor Friday after the Indiana Court of Appeals found she provided sufficient evidence regarding the applicable standard of care.