The Indiana Court of Appeals has affirmed a preliminary injunction for Simon Property Group that prevented retail-clothing store Abercrombie & Fitch from permanently closing stores in dozens of Simon malls.
A lawsuit against a hospital over a former employee who accessed confidential medical records without authorization will be heard by the Indiana Supreme Court.
Read who has been reinstated, reprimanded and suspended during the most recent reporting period.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Timothy Marcus Mayberry v. State of Indiana (mem. dec.)
20A-CR-158
Criminal. Affirms Timothy Mayberry’s murder conviction and an enhancement for the use of a firearm in the commission of a felony. Finds that because Mayberry has not shown any deliberate conduct of bad faith by the state or substantial prejudice to his rights, his argument fails. Thus, finds that the St. Joseph Superior Court was well within its discretion in allowing Officer Ray Wolfenbarger’s testimony.
Indiana Court of Appeals
Delangley Woods v. State of Indiana (mem. dec.)
20A-MI-1149
Miscellaneous. Affirms the Marion Superior Court’s order awarding $12,064 to the state against Delangley Woods on the state’s complaint for civil forfeiture after a bench trial. Finds the trial court did not err when it awarded the cash to the state on its forfeiture complaint.
The following Indiana Tax Court opinion was posted after IL Daily deadline Thursday:
Lowe’s Home Centers, Inc. v. Monroe County Assessor
19T-TA-17
Tax. Affirms the Indiana Board of Tax Review’s final determinations establishing the assessed values of Lowe’s Home Centers store in Bloomington for the 2014-2017 tax years. Rejects Lowe’s contention that the Indiana Board erred in rejecting its sales comparison approach and income approach valuations and in excluding the obsolescence depreciation adjustments from its cost approach valuations.
A federal judge is temporarily blocking the federal government’s plan to execute the first female death row inmate in almost six decades after her attorneys contracted the coronavirus visiting her in prison.
Indiana Court of Appeals
Javan D. Brown v. State of Indiana
20A-CR-125
Criminal. Affirms Javan Brown’s aggregate 6½-year conviction for Level 5 felony reckless homicide and Class A misdemeanor dangerous possession of a firearm. Finds that Brown’s argument that the LaPorte Superior Court erred by excluding his mother from the courtroom fails. Also finds that the trial court did not err by allowing the jury to examine and pull the trigger on the firearm during deliberations. Finds the evidence is sufficient to sustain Brown’s conviction for reckless homicide, and finds both convictions do not constitute double jeopardy. Finds his sentence is not inappropriate and the trial court did not abuse its discretion in sentencing him.
An Indianapolis man’s conviction on six counts of possession of child pornography was affirmed Thursday when the Indiana Court of Appeals rejected his claims that the evidence was insufficient and that his convictions violated his constitutional protections against double jeopardy.
Indiana Court of Appeals
McGraw Property Solutions, LLC v. Jason Jenkins
20A-PL-00630
Civil plenary. Affirms the Boone Superior Court’s summary judgment in favor of Jason Jenkins against McGraw Property Solutions, concluding that Jenkins timely cancelled a storm repair contract within three days of acceptance.
Residents of a Miami County lake community lost their bid to make their case to the Indiana Supreme Court that the county, not property owners, are responsible for fixing six crumbling dams.
The following Indiana Supreme Court opinion was posted after IL Daily deadline Monday:
K.C.G. v. State of Indiana
20S-JV-263
Juvenile. Vacates K.C.G.’s delinquency adjudication and the modification of his probation based on that adjudication in Marion Superior Court. Remands with instructions to dismiss the State’s petition, finding the juvenile court lacked jurisdiction because the offense of dangerous possession of a firearm can never be committed by an adult.
Indiana Court of Appeals
Robert James Plato, Jr. v. State of Indiana (mem. dec.)
20A-CR-475
Criminal. Affirms the Madison Circuit Court’s revocation of Robert Plato Jr.’s probation and order that he serve the four years of his previously suspended sentence. Finds the trial court did not abuse its discretion.
Indiana Court of Appeals
R.W. v. J.W.
19A-PO-02697
Protective order. Affirms the issuance of a permanent protective order against Rafer Weigel and the Porter Superior Court’s denial of his motion to dismiss the petition for an order of protection. Finds the trial court did not err by failing to transfer J.W.’s petition to Illinois and did not err by finding and concluding that sufficient evidence existed to support issuing a permanent order of protection in favor of J.W. Judge Terry Crone concurs in a separate opinion, arguing Weigel’s identity should not be hidden from the public.
Indiana’s high court won’t be taking up a woman’s appeal of her convictions in her 6-year-old daughter’s death in a 2017 highway crash.
Supreme Court Justice Samuel Alito on Thursday sounded an alarm about restrictions imposed because of the coronavirus pandemic, saying they shouldn’t become a “recurring feature after the pandemic has passed.”
Indiana Court of Appeals
Michael D. Williams v. State of Indiana
20A-CR-1209
Criminal. Reverses Michael Williams’ conviction in Wayne Superior Court of misdemeanor theft after he found and took money left at a grocery-store self-checkout station by a previous customer. Finds that Williams’ conduct does not constitute theft under the existing theft statute.
The Indiana Court of Appeals has reversed a ruling against an off-duty grocery store employee after he took money from a self-checkout machine, finding his conviction could not stand under an existing theft statute.
Immigration attorneys say the lengthening time between hearings and the growing delays are needlessly clogging the docket, causing backlogs to skyrocket and putting client due process at risk. Since fiscal year 2017, the number of pending cases nationwide has more than doubled from 629,051 to 1.26 million for fiscal year 2020.