Court opinions - The Indiana Lawyer

Opinions July 10, 2020

July 10, 2020

The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
Tammi Clark, as personal representative of the Estate of Kandace Pyles, deceased v. Samer Mattar, M.D.
20S-CT-109
Civil tort. Affirms the Indiana Court of Appeals’ reversal and remand for a new trial for Tammi Clark against Dr. Samer Matter. Finds that an unwilling juror should have been struck for cause in Marion Superior Court and that there was prejudice because Clark was forced to exhaust her last peremptory challenge and accept an objectionable juror. Justice Mark Massa concurs in part, dissents in part. Justice Geoffrey Slaughter dissents.

Divided justices order new trial in wrongful death suit involving unwilling juror

July 10, 2020 | Katie Stancombe

Indiana Supreme Court justices on Thursday split in ordering a new trial in a wrongful death case involving an unwilling juror and a denied for-cause challenge.

Opinions July 9, 2020

July 9, 2020

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
C.Y. Wholesale, Inc., et al. v. Eric Holcomb, et al.
19-3034
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Vacates the injunction prohibiting the state of Indiana from enforcing its criminal prohibition on the manufacture, delivery or possession of smokable hemp under Indiana Code § 35-48-3-10.1. Finds the district court’s injunction swept too broadly. Remands for proceedings.

7th Circuit snuffs out injunction on Indiana smokable hemp law

July 9, 2020 | Olivia Covington

An injunction prohibiting the state government from prosecuting certain uses of smokable hemp has been lifted after the 7th Circuit Court of Appeals found the prohibition was overbroad. But when the smoke clears, the appellate panel said a revised injunction may still be appropriate.

COA affirms murder conviction for man who killed 4-year-old

July 9, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a former Danville man’s murder conviction following the death of his girlfriend’s minor child from multiple blunt force traumatic injuries.

COA affirms 20-year sentence for woman who stole from employer

July 9, 2020 | Katie Stancombe

A decades-long sentence has been affirmed for a woman who stole personal items from her former employer after being told she wouldn’t receive back wages after the business went under.

Justices rule 5-4 Oklahoma region remains tribal reservation

July 9, 2020 | Associated Press

The Supreme Court of the United States ruled Thursday that a large chunk of eastern Oklahoma remains an American Indian reservation, a decision that state and federal officials have warned could throw Oklahoma into chaos.

Opinions July 8, 2020

July 8, 2020

Indiana Court of Appeals
Xavier Wesley Day v. State of Indiana (mem. dec.)
19A-CR-2997
Criminal. Affirms Xavier Day’s 40-year sentence for conviction of Level 1 felony murder. Finds the St. Joseph Superior Court did not commit fundamental error in instructing the jury.

Supreme Court sides with Catholic schools in employment suit

July 8, 2020 | Associated Press

The Supreme Court of the United States is siding with two Catholic schools in a ruling that underscores that certain employees of religious schools, hospitals and social service centers can’t sue for employment discrimination. The high court’s ruling on Wednesday was 7-2.

SCOTUS sides with Trump in religious birth control opt-out case

July 8, 2020 | Associated Press

The United States Supreme Court on Wednesday sided with the Trump administration in its effort to allow employers who cite religious or moral objections to opt out of providing no-cost birth control to women as required by the Affordable Care Act.

Indiana Court Decisions – June 18-30, 2020

July 8, 2020

Read Indiana appellate court decisions from the most recent reporting period.

Divided COA panel finds for woman wrongly told hepatitis test was negative

July 8, 2020 | Dave Stafford

A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated June 26 by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.

Opinions July 7, 2020

July 7, 2020

7^th Circuit Court of Appeals
Monwell Douglas v. Faith Reeves
18‐2588
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division.
Chief Judge Jane Magnus-Stinson.
Civil. Affirms the Indiana Southern District Court’s grant of summary judgment to Faith Reeves against Monwell Douglas, an Indiana prisoner who claimed Reeves retaliated against him for activity protected by the First Amendment. Finds no reasonable jury could conclude that Reeves inflicted deprivations on Douglas likely to deter a person of ordinary firmness from engaging in First Amendment activity.

7th Circuit: Caseworker didn’t retaliate against prisoner

July 7, 2020 | Katie Stancombe

An Indiana prisoner whose discipline conviction was overturned for lack of evidence did not persuade the 7^th Circuit Court of Appeals that his case manager later retaliated against him for activity protected by the First Amendment.

7th Circuit affirms drug conspiracy conviction

July 7, 2020 | Katie Stancombe

A man convicted in a drug conspiracy could not convince the 7^th Circuit Court of Appeals that he pleaded guilty to a lesser amount than what the government indicted him for.

COA affirms godmother’s conviction for assisting teen after murder

July 7, 2020 | Katie Stancombe

The Indiana Court of Appeals has affirmed a northern Indiana woman’s felony conviction for assisting her godson after he murdered his teenage girlfriend, finding she did so with the intent to hinder his punishment.

Justices reduce meth dealing sentence in split opinion

July 7, 2020 | Katie Stancombe

A divided Indiana Supreme Court has sided with an appellate judge’s dissent in a drug dealing case, lowering a woman’s decades-long sentence pursuant to Appellate Rule 7(B).

Supreme Court upholds cellphone robocall ban

July 7, 2020 | Associated Press

The Supreme Court on Monday upheld a 1991 law that bars robocalls to cellphones. Six justices agreed that by allowing debt collection calls to cellphones, Congress “impermissibly favored debt-collection speech over political and other speech, in violation of the First Amendment.”

Opinions July 6, 2020

July 6, 2020

Indiana Court of Appeals
Robert Shorter v. State of Indiana
19A-CR-2904
Criminal. Affirms Robert Shorter’s convictions for Level 2 felony dealing in methamphetamine, Level 3 felony dealing in a narcotic drug, Level 3 felony conspiracy to commit dealing in a narcotic drug and Level 3 felony aiding, inducing or causing dealing in methamphetamine. Finds that the evidence was sufficient to support the convictions. Also finds no error in the admission of evidence that would violate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Judge Rudolph Pyle dissents with separate opinion.

Split COA affirms drug dealing convictions in warrantless search, arrest dispute

July 6, 2020 | Katie Stancombe

A divided appellate court has affirmed a man’s drug dealing and conspiracy convictions despite disagreement among the panel as to whether admitted evidence found during a warrantless arrest should have been excluded.

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