The Indiana Court of Appeals has reversed the denial of a motion to suppress drug-related evidence found during a search of a Greene County man’s home. The appellate court ruled on an issue of first impression that probable cause for a search warrant cannot be based only on an officer’s detection of the smell of marijuana without additional information about the officer’s training.
A mother has regained legal custody of her child for now after the Indiana Supreme Court reversed a trial court order Friday, finding that a lower court judge improperly “coupled” a finding of contempt against the mother with an analysis into the child’s best interests.
Speaking with reporters via Zoom on Thursday, Indiana Chief Justice Loretta Rush acknowledged that despite efforts to keep courts operating remotely as much as possible, judges will face the difficult task in 2021 of working through COVID-created backlogs and getting their dockets back on schedule.
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.
Incriminating evidence found when two separate drivers were stopped for failing to signal a turn in advance can be used against them, the Indiana Court of Appeals has ruled, though one judge is calling on the Legislature to review traffic laws that lead to “arbitrary” traffic stops.
Indiana Court of Appeals
Nathan C. Albrecht v. State of Indiana
20A-CR-945
Criminal. Affirms the denial of Nathan Albrecht’s motion to suppress evidence found that led to the state of Indiana filing 10 counts of child pornography against him. Finds that the issuing judge had a substantial basis for finding that probable cause existed for the second search warrant and that the second search warrant was particularized in terms of the items to be seized and in terms of the scope of the search to be performed.
The Indiana Court of Appeals has affirmed the commitment of a woman diagnosed with the eating disorder anorexia nervosa, finding sufficient evidence that she was both mentally ill and gravely disabled.
7th Circuit Court of Appeals
Linda Gunn and Christopher Gunn v. Thrasher, Buschmann & Voelkel, P.C.
19-3514
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Vacates the Indiana Southern District Court’s judgment dismissing a complaint brought by Linda and Christopher Gunn and remands the case with instructions to dismiss for want of subject matter jurisdiction. Finds that the Gunns do not contend that the contested sentence in the defendant’s dunning letter caused them any concrete harm.
Two men who committed a string of armed robberies in 2015 while donning 1970s-themed disguises could not convince the 7th Circuit Court of Appeals that their new sentences should be reversed.
The 7th Circuit Court of Appeals has tossed a dispute over unpaid homeowners’ association fees, finding that a letter sent to a couple who owed thousands to their HOA did not cause them any concrete harm.
A divided Indiana Supreme Court on Tuesday ruled in favor of the city of Bloomington, upholding a ruling against the Indiana governor and striking down “special legislation” targeting the city’s annexation efforts. Dissenting justices, however, warned that the majority’s holding “erodes separation of powers.”
The Supreme Court on Monday rejected an appeal from Kansas that sought to revive a law requiring proof of citizenship to register to vote. A federal appeals court had declared the law unconstitutional.
Indiana Court of Appeals
Willard G. Merkel v. State of Indiana
20A-CR-1475
Criminal. Affirms the denial of Willard G. Merkel’s petition to modify his 12-year sentence for conviction of Level 4 felony possession of a firearm by a serious violent felon. Finds the Carroll Circuit Court did not abuse its discretion and Merkel’s reliance on Supreme Court orders directing trial courts to review sentences of nonviolent inmates due to COVID-19 is misplaced.
A court ruling in favor of a Lawrence homeowner who was investigated after reports that he was building a deck and an above-ground pool without city permits was reversed Monday. The Indiana Court of Appeals found judgment in the property owner’s favor was clearly erroneous.
Despite a convicted man’s claims of compromised health that raised his risk of contracting the novel coronavirus behind bars, the Indiana Court of Appeals determined Monday he wasn’t the sort of offender the Indiana Supreme Court had in mind when it urged courts earlier this year to consider release of detainees who posed little risk.
A negligence suit against a Carmel assisted living facility in which a resident was seriously injured when a buffet table fell, knocking her to the ground, was reinstated after a Hamilton County court ruled in favor of the assisted living facility.
In an order issued Monday, the United States Supreme Court denied certiorari in an Indiana birth certificate case, ending the state’s long-running fight to prevent non-birth mothers in same-sex marriages from being listed as a parent on their children’s birth certificates.
Indiana Court of Appeals
Evan D. Wilford v. State of Indiana (mem. dec.)
20A-CR-1305
Criminal. Affirms the Vigo Superior Court’s order that Evan Wilford serve the balance of his previously suspended sentence following the court’s revocation of his probation. Finds the trial court did not abuse its discretion in making its order.
A unanimous Supreme Court ruled that Muslim men who were placed on the government’s no-fly list because they refused to serve as FBI informants can seek to hold federal agents financially liable. The ruling was one of several unanimous decisions the high court issued Thursday.
The following Indiana Supreme Court opinion was posted after IL deadline on Wednesday:
Clinton Loehrlein v. State of Indiana
20S-CR-376
Criminal. Affirms Clinton Loehrlein’s murder and attempted murder convictions and the the Vanderburgh Circuit Court’s finding that he was not insane at the time he murdered his wife and attempted to kill his daughters. Finds that the attorney juror in his trial did commit gross misconduct by falsely answering a juror questionnaire, but that given the facts and circumstances of the case, including the strong evidence of Loehrlein’s sanity, it is not likely he was harmed.