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.
Several Fort Wayne adult cabarets could not convince the Indiana Court of Appeals that an ordinance proposed by the city would pose irreparable harm to their businesses if enforced.
A man who knocked his obese girlfriend off an electric scooter and onto the ground has had his felony domestic battery conviction reversed by the Indiana Court of Appeals.
The Supreme Court on Wednesday said it would not grant a quick, pre-election review to a new Republican appeal to exclude absentee ballots received after Election Day in the presidential battleground state of Pennsylvania, although it remained unclear whether those ballots will ultimately be counted.
The Supreme Court will allow absentee ballots in North Carolina to be received and counted up to nine days after Election Day.
Indiana Court of Appeals
Matthew S. Reed v. State of Indiana (mem. dec.)
20A-CR-354
Criminal. Affirms Matthew Reed’s convictions for 10 counts of Level 1 felony child molesting. Finds the Whitley Circuit Court properly admitted Detective Lorrie Freiburger’s testimony and the photograph of the anal lubricant. Also finds the evidence was sufficient to sustain Reed’s convictions in Counts VI through X.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
Indiana Land Trust Company, f/k/a Lake County Trust Company TR #4340 v. XL Investment Properties, LLC and LaPorte County Auditor
20S-MI-62
Miscellaneous. Affirms the LaPorte Superior Court’s denial of Indiana Land Trust Company’s motion to set aside a tax deed related to Trust 4340. Finds that the LaPorte County auditor provided adequate notice and was not required to search its internal records for a better tax sale notice address when the notice sent via certified mail was returned as undeliverable.
Indiana Supreme Court justices have affirmed the denial of a land trust company’s motion to set aside a tax deed for a LaPorte County property, finding an auditor gave adequate notice of the property’s impending tax sale.
Indiana Supreme Court justices are set to hear oral argument in a neglect and battery case next week, where a man accused of battering a toddler was ordered released from jail earlier this year by the Indiana Court of Appeals.
A divided Indiana Court of Appeals panel on Tuesday reversed in favor of the University of Notre Dame in a negligence dispute brought by a woman who broke her shoulder after tripping during a basketball game.
Amy Coney Barrett’s first votes on the Supreme Court could include two big topics affecting the man who appointed her.
The Supreme Court is siding with Republicans to prevent Wisconsin from counting mailed ballots that are received after Election Day.
The following 7th Circuit Court of Appeals was posted after IL deadline Friday.
Common Cause Indiana v. Connie Lawson, et al.
20-2877
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Reverses preliminary injunction blocking Indiana from enforcing the 2019 amendments to Indiana Code sections 3-11.7-2, 3-11.7-3 and 3-11.7-4. Finds the amendments that prevent individual voters from petitioning state courts to extending polling hours on Election Day do not unconstitutionally burden Hoosiers’ fundamental right to vote. Rules because Indiana voters still can seek remedy in the courts under 42 U.S.C. section 1983, the amendments do not violate the Supremacy Clause. Holds even if voters have a liberty interest in statutorily established poll hours, the amendments do not deprive them of that interest. Finally, concludes that Purcell v. Gonzalez, 549 U.S. 1, 4 (2006) applies to the case at hand.