An appeals court Monday upheld an aggregate 24-year sentence for a man convicted of three counts of rape, but it also found a condition of probation that barred him from visiting “businesses that sell sexual devices or aids” was unconstitutionally broad.
Indiana Court of Appeals
Larry Tabb v. State of Indiana (mem. dec.)
18A-PC-1364
Post conviction. Affirms the denial of Larry Tab’s petition for post-conviction relief. Finds a majority of Tabb’s issues are waived because he did not make cogent arguments on appeal. Finds Tabb has not demonstrated the Porter Superior Court erred by denying his petition for post-conviction relief.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Karen Vaughn v. Jennifer Walthall
19-1244
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus‐Stinson.
Civil. Reverses a grant of summary judgment and an injunction in favor of Karen Vaughn that required the state of Indiana to pay the costs of her necessary around-the-clock home-based health care not reimbursed by Medicaid. Finds Vaughn is entitled to care only to the extent that, working with the state, she can craft a program that complies with federal and state law and does not deprive Indiana of the ability to receive its share of federal reimbursement through the Medicaid program for services provided. Remands for proceedings.
The Indiana Court of Appeals has partially reversed the denial of summary judgment to a truck driver involved in a car accident after finding both he and his employer are entitled to protection under the Good Samaritan Law. The case attracted an amicus brief from the Indiana Trial Lawyers Association.
The Indiana Court of Appeals has affirmed a man’s child molesting conviction after finding that the admission of a forensic interview video played for the jury under Indiana Rule of Evidence 803(5) was not an abuse of discretion.
A quadriplegic woman requiring nearly around-the-clock care was stripped of a federal court ruling permitting her to dictate the terms of her own home health care at the state’s expense. In so ruling, the 7th Circuit Court of Appeals asked, “How much state expenditure outside the scope of the Medicaid program may a court command?”
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday:
John Myers v. Ron Neal
19-3158
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Reverses the order granting John Myers’ petition for a writ of habeas corpus and reinstates his murder conviction in the 2000 death of Indiana University student Jill Behrman. Finds that the district court correctly held that Myers’ counsel was deficient, but determines that deficiency was not prejudicial in light of the strength of the state’s case against Myers separate and apart from those errors.
The murder conviction against the man found guilty of killing Indiana University student Jill Behrman has been reinstated after the 7th Circuit Court of Appeals determined that his counsel was deficient, but not prejudicial.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
State of Indiana v. Samuel E. Vande Brake
20S-CR-499
Criminal. Affirms the Tippecanoe Superior Court’s dismissal of the State of Indiana’s firearm enhancement sought against Samuel Vande Brake. Finds the state failed to meet its burden to show that the trial court’s implied finding of waiver and subsequent sua sponte dismissal of the firearm enhancement were contrary to law.
Indiana Supreme Court justices vacated an appellate panel’s reversal on Tuesday, affirming the trial court’s dismissal of a firearm enhancement in a case involving a man who shot his roommate.
The Indiana Court of Appeals has affirmed a man’s decades-long sentence for his rape and battery convictions, finding nothing wrong with his sentence or the decision to admit certain statements from the victim.
7th Circuit Court of Appeals
In re: RYZE Claims Solutions, LLC
19-2930
Petition for writ of mandamus from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Grants RYZE Claims Solutions LLC’s petition for a writ of mandamus directing the Indiana Southern District Court to request that the Eastern District of California transfer RYZE’s action back to the Southern District of Indiana. Finds the district court deviated substantially from the methodological course of decision‐making mandated by the Supreme Court of the United States. Also finds this is not the exceptional or unusual case that would justify giving controlling weight to factors other than the forum‐selection clause.
The 7th Circuit Court of Appeals on Monday granted an Indiana business’ petition for writ of mandamus, finding that the Southern Indiana District Court deviated substantially from the course of decision‐making mandated by the U.S. Supreme Court when it transferred the business’ action back to a California court.
The denial of a man’s petition to remove his sexually violent predator designation was reversed on Monday after the Indiana Court of Appeals found he did not meet the statutory definition of an SVP.
Indiana Court of Appeals
Shawn G. Willet v. State of Indiana
19A-CR-2699
Criminal. Affirms the Elkhart Superior Court’s denial of Shawn Willet’s pro se “motion to dismiss sentence time served,” finding that Willet’s sentence for conviction of three counts of Class B felony sexual misconduct with a minor has not expired. Majority judges Margret Robb and Melissa May hold that Willet’s motion is treated as a petition for writ of habeas corpus. Judge Nancy Vaidik concurs in result with a separate opinion, but holds that the petition should be treated as a petition for post-conviction relief.
A father who twice was convicted of criminal charges related to domestic violence episodes against the mother of his toddler lost his appeal challenging a child in need of services determination as it relates to him.
The Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, finding he waived his ineffective-assistance-of-counsel argument.
A man convicted of sex crimes lost his argument on appeal that he had served the entirety of his sentence, but an appellate panel disagreed on how the man’s pro se complaint should have been treated in court.
Indiana Court of Appeals
Michael Scott Parker v. State of Indiana
20A-CR-315
Criminal. Affirms Michael Parker’s conviction for Level 3 felony dealing in methamphetamine and Class C misdemeanor operating a motor vehicle without ever receiving a license. Finds the Tippecanoe Superior Court did not abuse its discretion in admitting certain Facebook messages.