Court opinions

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 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 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.

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.

7^th 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.

Indiana Court of Appeals
State of Indiana v. Emmanuel Torres, et al.
20A-CR-943
Criminal. Reverses the grant of Ramon Sanchez’s and Emmanuel Torres’ motions to suppress evidence in Clinton Superior Court obtained after their vehicles were stopped for failing to use their turn signals for at least 200 feet before turning at a stop sign. Finds that Sanchez’s and Torres’ failure to signal a turn until they reached a stop sign was enough for Frankfort officer Kaleb Thompson to establish a reasonable belief that Indiana Code § 9-21-8-25 had been violated. Remands for further proceedings. Judge Paul Mathias concurs with separate opinion.