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.
Indiana Supreme Court
In the Matter of Michael A. Blickman
18S-DI-553
Attorney discipline. Issues a public reprimand to attorney Michael A. Blickman. Finds Blickman violated Indiana Rules of Professional Conduct 1.1 and 8.4(d) through efforts to “silence” a child solicitation victim and her family. Also finds the Indiana Supreme Court Disciplinary Commission failed to sustain its burden of proof on the remaining charges. Justice Geoffrey Slaughter concurs in part and dissents in part with separate opinion.
Read Indiana appellate decisions from the most recent reporting period.
Indiana Court of Appeals
Lora Brenner and Shawn Brenner v. Ignacio Chavez, et al. (mem. dec.)
20A-CC-538
Civil collection. Affirms the Delaware Circuit Court’s dismissal of Lora and Shawn Brenner’s claims against Ignacio Chavez. Finds that although Chavez failed to establish that he was an employee of the LLC, the trial court lacked jurisdiction over the Brenners’ claims. Thus, finds that the trial court properly granted Chavez’s amended motion to dismiss Counts II, IV and VI of the Brenners’ second amended complaint.
President Donald Trump and his allies say their lawsuits aimed at reversing his loss to Joe Biden would be substantiated, if only judges were allowed to hear the cases. But judges have heard the cases and have been among the harshest critics of the legal arguments put forth by Trump’s legal team.
Indiana Court of Appeals
Dennis Millikan and Vicki Millikan v. City of Noblesville and KACE, LLC
20A-PL-1061
Civil plenary. Reverses the denial of Dennis and Vicki Millikan’s motion for summary judgment regarding the Millikans’ action to quiet title in property they claimed to have adversely possessed. Finds the Hamilton Circuit Court erred in granting summary judgment in favor of the city of Noblesville. Also finds the Millikans had a reasonable and good faith belief that they were paying taxes on the disputed property. Remands for the trial court to enter summary judgment in favor of Millikans.
Jackson County homeowners who claimed to be victims of an abusive tax assessment system could not convince the Indiana Tax Court that a 2018 valuation of their home was incorrect.
The Indiana Court of Appeals has reversed in favor of two longtime Noblesville residents who exercised control over an abandoned railroad right of way for decades, finding the residents reasonably believed they were paying taxes on the right of way during a period of adverse possession.
Indiana Court of Appeals
Warsaw Orthopedic, Inc., Medtronic, Inc., and Medtronic Sofamor Danek, Inc. v. Rick C. Sasso, M.D. (mem. dec.)
19A-PL-378
Civil plenary. Affirms the $112,452,269 verdict in favor of Dr. Rick Sasso on his complaint for breach of two contracts against Medtronic Inc., Medtronic Sofamor Danek Inc. and Warsaw Orthopedic Inc. Finds the Marshall Circuit Court did not err by denying Medtronic’s motion to dismiss over a jurisdictional challenge or by denying Medtronic’s claims that it was entitled to judgment as a matter of law regarding a screw agreement. Also finds the court did not err in granting summary judgment in favor of Medtronic on Sasso’s claim for punitive damages.
The Indiana Court of Appeals has upheld a northern Indiana jury’s award of more than $112 million for a Carmel spine surgeon who won a royalty battle against medical device manufacturers.
Indiana Court of Appeals
Matthew Powell v. State of Indiana (mem. dec.)
20A-CR-1371
Criminal. Affirms Matthew Powell’s aggregate 15-year sentence for conviction in Fayette Superior Court of Level 4 felony dealing in methamphetamine and his habitual offender status. Finds Powell’s sentence was not inappropriate considering his character. Also finds Powell is not entitled to a sentence reduction pursuant to Indiana Appellate Rule 7(B).
Indiana Court of Appeals
Brandon McFadden v. State of Indiana (mem. dec.)
20A-CR-1221
Criminal. Affirms Brandon McFadden’s 4½-year sentence with one year suspended for conviction of Level 5 felony domestic battery by means of a deadly weapon. Finds that the Lake Superior Court did not abuse its discretion in its consideration of aggravating circumstances.
In a 7-2 decision, the 7th Circuit Court of Appeals on Tuesday rejected a federal death row inmate’s request for an en banc rehearing after a panel of the court in October refused to stay his execution due to his claimed mental incapacity.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
USA v. Travis Barrett
19-2254
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Travis Barrett’s 97-month imprisonment followed by 10 years of supervised release. Finds that Barrett waived his challenge to Condition 31 of his proposed conditions of supervised release by not presenting it to the district court.
A split Indiana Supreme Court has affirmed a man’s drug-related conviction after the Indiana Court of Appeals previously reversed in his favor, finding a search and seizure that resulted in his arrest proceeded within the bounds of the Fourth Amendment.
The 7th Circuit Court of Appeals on Monday affirmed a man’s sentence after deciding to bring closure to a recurring issue faced in recent years regarding criminal defendants’ contentions about unconstitutionally vague conditions of supervised release.
The murder conviction of a woman whose voluntary manslaughter plea was rejected by a judge after the woman insisted she shot a man in self-defense was affirmed on appeal Monday.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Dennis Troyer v. National Futures Association
20-1422
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan L. Collins.
Civil. Affirms summary judgment in favor of National Futures Association and denial of Dennis Troyer’s motion for summary judgment. Finds that NFA Bylaw 301 is not applicable in this case.
A man who was found walking barefoot two miles from his home with glass in his feet was not wrongly ordered committed, the Indiana Court of Appeals ruled Monday.