Applying a new test established this year by the Indiana Supreme Court to weigh claims of substantive double jeopardy, a retired justice authored an opinion Tuesday that found convictions of possession of marijuana and paraphernalia are not duplicative punishment for the same crime.
A worshiper’s lawsuit against the Sikh temple where he was stabbed in a 2018 confrontation was reinstated Tuesday after the Indiana Court of Appeals found the temple had notice of an escalating factional feud over leadership. The temple also “had reason to recognize the probability or likelihood of looming harm,” the panel determined.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
Yeison Meza Morales v. William Barr
19-1999
Civil. Amends the June 26 opinion in this immigration case reversing the removal order for Yeison Meza Morales and expanding the authority of immigration judges to administratively close cases when warranted. Adds one sentence to a footnote on page 13 of the June 26 opinion expressing no view on whether the government might be precluded from contesting the nonfinal waiver of an immigrant’s inadmissibility. Affirms the June 26 opinion in all other respects. Denies the government’s motion for rehearing in a separate order.
Along with granting summary judgment to Indiana University in an ex-student’s Title IX sexual misconduct lawsuit, the Southern Indiana District Court found the exercise of supplemental jurisdiction was proper and also dismissed the male student’s state law claims.
After working for the Indiana Department of Correction for more than 20 years, Robbie Marshall was terminated from his position after a co-worker brought sexual harassment allegations against him.
Indiana Court of Appeals
Indiana Family and Social Services Administration; Jennifer Walthall, in Individual Capacity as Secretary of Indiana Family and Social Services, et al. v. Bonnie K. Anderson, et al.
19A-PL-3039
Civil plenary. Affirms in part and reverses in part the Bartholomew Superior Court’s denial of a motion to dismiss Bonnie Anderson’s petition for judicial review and complaint for damages brought by the Indiana Family and Social Services Administration; Jennifer Walthall, the Secretary of FSSA; and the Bartholomew County Division of Family Resources. Finds the trial court did not err by denying FSSA’s motion to dismiss Anderson’s petition for judicial review, but finds it was error for the court to deny FSSA’s motion to dismiss Anderson’s complaint for damages.
Rulings on motions to dismiss a lawsuit brought by the Indiana Family and Social Services Administration and other entities against a now-deceased woman in a transfer penalty dispute were partially reversed Thursday by the Indiana Court of Appeals.
A woman injured after being head-butted by a ram could not convince the Indiana Court of Appeals on Thursday that the trial court erred in giving certain final instructions during her unsuccessful jury trial.
The Estate of Sandra King by Special Administrator Marie Briggs v. Aperion Care d/b/a Aperion Care Tolleston Park and Steve Robertson, Insurance Commissioner for the Indiana Department of Insurance
19A-MI-3037
Miscellaneous. Reverses the Lake Superior Court’s denial of the estate of Sandra King’s motion to compel arbitration. Finds the trial court erred in its denial and remands with instructions for the trial court to enter an order granting the estate’s motion to compel.
The conviction and 50-year sentence imposed on a man who molested a 3-year-old was affirmed Wednesday by an Indiana Court of Appeals panel, which rejected his arguments that a statement he made to officers was wrongly admitted and that his sentence was inappropriate.
Read Indiana appellate court decisions from the most recent reporting period.
On June 22, the Trump administration’s new Navigable Waters Protection Rule went into effect and was immediately subject to multiple legal challenges throughout the country. The Navigable Waters Protection Rule is likely to have far-reaching impacts on the development and use of land across the United States.
Indiana Court of Appeals
Keith M. Brown v. State of Indiana (mem. dec.)
20A-CR-559
Criminal. Reverses Keith Brown’s conviction for Class A misdemeanor resisting law enforcement. Finds the evidence was insufficient to support Brown’s conviction.
The 7th Circuit Court of Appeals has granted a motion to expedite the appeal of the challenge to the state’s restrictions on absentee balloting, rejecting Indiana’s request to pump the brakes.
A man convicted of intimidation after posting a threatening video meant for a police officer did not convince the Indiana Court of Appeals on Monday that his jury panel was unfair or that his conviction should be overturned.
The grant of a motion to suppress all evidence found in a man’s home during a search by police has been reversed, with the Indiana Court of Appeals finding a reasonable probability for law enforcement to believe that a stolen gun would be there.
Indiana Court of Appeals
Franciscan ACO, Inc., Franciscan Alliance, Inc., and Charlotte Sweezer v. Vaughn Newman, as personal represenatative of the Estate of Virginia Newman
19A-CT-2465
Civil tort. Reverses the denial of Charlotte Sweezer, Franciscan ACO Inc. and Franciscan Alliance Inc.’s motion for partial summary judgment on a wrongful death claim brought by Vaughn Newman as personal representative of the Estate of Virginia Newman. Finds no genuine issue of material fact exists, so the Lake Superior Court erred in denying the motion for partial summary judgment. Remands for proceedings.
The Indiana Court of Appeals has reversed the denial of partial summary judgment in a wrongful death case brought by the estate of a woman killed while in the care of a professional health care group.
Indiana Court of Appeals
Jerry Wayne Smith v. State of Indiana
20A-CR-672
Criminal. Reverses Jerry Wayne Smith’s sentence for his conviction of Class A misdemeanor resisting law enforcement. Finds the 365-day sentence, with 185 days suspended to probation and 180 days served consecutive to the 277 days for a probation violation, is inappropriate. Remands to the Vermillion Circuit Court to impose a sentence of 365 days, with 20 days to serve and 345 days suspended to probation.
A man who picked up his first of several criminal charges at age 64 amid signs of undiagnosed mental illness and was subsequently ordered to spend 15 months behind bars on misdemeanor charges received an inappropriate sentence, the Indiana Court of Appeals ruled Friday.