More than one year after losing a bid to add a citizenship question to the 2020 census, the Trump administration is headed back to the Supreme Court this month in another effort to draw a line around undocumented immigrants in the national population count.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Pines of Greenwood, LLC and Arbor Homes, LLC v. The Village Pines at the Pines of Greenwood Homeowners’ Association, Inc. (mem. dec.)
20A-PL-373
Civil plenary. Affirms and reverses in part the Johnson Superior Court’s determination that The Village Pines at the Pines of Greenwood Homeowners’ Association incurred damages of more than $1 million. Finds dues are owed to the HOA, and the HOA is the party that has been damaged by Pines of Greenwood LLC and Arbor Homes LLC failing to pay assessments on unsold lots. Also finds that the trial court’s order on damages does not make clear how it arrived at the amount due and remands to either clarify how the court arrived at the amount ordered or correct the amount due for unpaid assessments. Finally, reverses the interest award and vacates the award of late fees, and remands for the trial court to recalculate interest and apply an 8% rate starting in November 2011.
How should federal judges decide whether sentences in federal prosecutions should run consecutively to or concurrently with sentences in unrelated state prosecutions? The 7th Circuit Court of Appeals tackled that question in a Monday decision, affirming a man’s decades-long sentence for his part in a South Bend kidnapping.
Indiana Court of Appeals
John B. Larkin v. State of Indiana
19A-CR-2705
Criminal. Reverses John Larkin’s involuntary manslaughter conviction and two-year sentence. Concludes that the LaPorte Superior Court erred in instructing the jury on involuntary manslaughter. Remands with instructions to enter a judgment of acquittal and order that Larkin be discharged.
A federal court judge ordered the U.S. Food and Drug Administration on Thursday to conduct an environmental assessment of genetically modified salmon that he said was required for the agency’s approval of the fish.
Indiana Court of Appeals
Stephanie J. Reagan v. State of Indiana
20A-CR-907
Criminal. Majority affirms Stephanie Reagan’s conviction of Level 6 felony possession of cocaine and Class C misdemeanor possession of marijuana based on evidence obtained in part by a strip search as she was being processed in the Marion County Jail. Judge Leanna Weissmann dissents and would find the state failed to prove the strip search was reasonable under Article I, Section 11 of the Indiana Constitution. She would reverse the judgment based on the admission of the evidence and remand for proceedings.
Indiana Court of Appeals
State of Indiana v. Axel Domingo Diego
20A-CR-227
Criminal. Affirms on rehearing the grant of Axel Diego’s motion to suppress his statement to police. Grants the motion for rehearing in order to clarify that the State’s appeal is a discretionary interlocutory appeal brought pursuant to subsection 6 of Indiana Code Section 35-38-4-2. Remands to the Case Circuit Court for proceedings. Judge Nancy Vaidik concurs in result with separate opinion.
A man who failed to pay more than $15,000 for property he agreed to purchase could not convince the Indiana Court of Appeals on Thursday that he was wrongly ordered to hand over the money.
Indiana Court of Appeals
IPL Industrial Group, et al. v. Indianapolis Power and Light Company, et al.
20A-EX-800
Agency. Affirms the Indiana Utility Regulatory Commission’s order approving Indianapolis Power & Light Company’s proposed plan involving $1.2 billion in system investments over a seven-year period. Holds that the commission properly admitted IPL’s work papers by administrative notice; the commission properly determined that the costs of the eligible improvements included in the Proposed Plan are justified by their incremental benefits; and the commission’s findings are sufficiently specific to enable appellate review of its decision.
The Indiana Court of Appeals on Wednesday affirmed an Indiana Utility Regulatory Commission order approving Indianapolis Power & Light Company’s proposed plan involving $1.2 billion in system investments over a seven-year period. Approval of the plan was challenged by the city of Indianapolis, consumer groups and others.
The Indiana Court of Appeals in granting a petition for rehearing upheld its former decision for a family-owned trash company seeking to build a solid waste transfer station in Owen County.
A federal law enforcement agent who filed a whistleblower complaint claiming he was retaliated against after he alleged another agent committed perjury during a criminal trial won his appeal, and the 7th Circuit Court of Appeals harshly criticized a judge it said ignored its orders in a prior remand.
Indiana Court of Appeals
State of Indiana v. Justin Jones
20A-CR-00664
Criminal. Affirms the Marion Superior Court’s order that the state produce a confidential informant for an interview with Justin Jones’ counsel. Finds that the state did not meet its burden to demonstrate that the CI’s identity would be revealed. Concludes that the trial court did not abuse its discretion when it granted Jones’ motion to compel.
The Indiana Supreme Court has agreed to hear an oil company’s appeal of a ruling against its claim for insurance coverage after it paid a ransom to hackers to regain control of its computer systems.
In a dispute between a property owner and an association of property owners over a sewage mishap, the Indiana Court of Appeals ruled that the even though the association was not negligent, it still breached its contract.
Indiana Court of Appeals
Nathan Kluger and Laura Kluger v J.J.P. Enterprises, Inc. d/b/a SERVPRO of North Lexington
20A-PL-235
Civil plenary. Reverses the grant of partial summary judgment in favor of J.J.P. Enterprises Inc. d/b/a Servpro of North Lexington and against Nathan and Laura Kluger. Finds that the $150 contract-price threshold under Indiana’s Home Improvement Contracts Act has been satisfied as a matter of law in this instance, so the Posey Circuit Court erred in granting Servpro’s motion for partial summary judgment. Remands with instructions that the trial court enter partial summary judgment in the Klugers’ favor and to conduct further proceedings consistent with the opinion.
At first blush, the difference in outcomes at the U.S. Supreme Court in cases regarding the counting of absentee ballots seems odd because the high court typically takes up issues to harmonize the rules across the country. But elections are largely governed by states, and the rules differ from one state to the next.
Indiana Court of Appeals
Jerome W. Gibbs v. State of Indiana
20A-CR-770
Criminal. Reverses Jerome Gibbs’ Level 5 felony conviction and remands the matter to the Marion Superior Court with instructions to enter a conviction and sentence for Class A misdemeanor domestic battery. Finds that the evidence that Gibbs was Tonja Smith’s boyfriend and that he was with her while she was on her scooter was an insufficient basis on which to conclude Gibbs voluntarily assumed care of Smith.
An appellate panel has reversed a man’s confinement and kidnapping convictions for violations of substantive double jeopardy, following the lead of two recent Indiana Supreme Court decisions that changed the double jeopardy analysis.