Indiana Court Decisions — May 20-June 3, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
7th Circuit’s Purdue ruling impacting other Title IX lawsuits
The case against Purdue University brought by a male student who was expelled and lost his Navy ROTC scholarship after the school determined he had sexually assaulted a female student has survived a second motion to dismiss.
Justices to hear sentencing, delinquency, tax cases this week
The Indiana Supreme Court will hear three oral arguments via videoconference this Thursday, considering topics including sentencing, a tax sale and a delinquent’s possession of a firearm.
Opinions June 8, 2020
Indiana Court of Appeals
In the Matter of G.B., K.W., and D.C. (Minor Children), Children Alleged to be in Need of Services; N.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JC-2435
Juvenile CHINS. Affirms the adjudication of mother N.C.’s three minor children, G.B., K.W. and D.C., as children in need of services. Finds the Department of Child Services presented sufficient evidence to support the juvenile court’s determination that the children are CHINS.
7th Circuit affirms rejected costs award in debt collector suit
The 7th Circuit Court of Appeals has affirmed judgment for a man who claimed he was wrongly accused of owing money to a debt collector but declined to award him the more than $25,000 he had requested.
Lack of jurisdiction leads to Tax Court dismissal
A jurisdictional barrier has led the Indiana Tax Court to dismiss a case brought by a religious nonprofit.
Opinions June 5, 2020
Indiana Court of Appeals
Jesus Pedraza, Jr. v. State of Indiana
19A-CR-850
Criminal. Grants rehearing for the limited purpose of making a point of clarification regarding the circumstances of Jesus Pedraza’s Miranda waiver. Affirms the memorandum decision in all other respects.
COA affirms for neighbors in Allen County easement dispute
The Indiana Court of Appeals has affirmed the grant of summary judgment to a couple in an easement dispute with their neighbors, finding the doctrine of res judicata did not help the latter.
Developer’s cert petition dismissed in cell tower dispute
An appellate panel has reversed the denial of a cell site developer’s petition for writ of certiorari, only to find its failure to timely file a record or request an extension of time required dismissal of the petition.
Appeals court grants rehearing petition for Miranda clarification
A man convicted for two counts of murder had his petition for rehearing granted Friday, but solely for an appellate panel to clarify its factual recitation of his Miranda waiver.
Opinions June 4, 2020
Indiana Court of Appeals
In Re the Paternity of J.G.; Wendy Sonora Hernandez and Margarito Guzman v. Fredy Sanchez Cortes and State of Indiana
19A-JP-2429
Juvenile paternity. Affirms the denial in Elkhart Superior Court of Wendy Sonora Hernandez’s motion for summary judgment on the state’s action seeking to establish paternity of her child by Fredy Sanchez Cortez. Finds the trial court did not err in its denial, and that mother and husband, Margarito Guzman, have failed to meet their burden on appeal to demonstrate that the court abused its discretion when it dismissed husband as a party to the action. Also finds that mother has failed to demonstrate that she was prejudiced by the trial court’s failure to provide her with explicit notice of its intent to treat her motion to dismiss as a motion for summary judgment. Lastly, holds that the state timely filed its paternity petition and that putative father was not required to register with the putative father registry before the state could file its petition.
Dad’s garnishment order affirmed in college-tuition dispute
The Indiana Court of Appeals on Thursday affirmed the grant of a mother’s request for a garnishment order to enforce an earlier order requiring her ex-husband to pay part of their daughter’s college tuition fees.
COA affirms for biological father in paternity dispute
A mother contesting a paternity petition concerning her child could not convince the Indiana Court of Appeals on Thursday that her motion for summary judgment was wrongly denied.
Pandemic means a silent June at the Supreme Court
The coronavirus pandemic has kept justices of the United States Supreme Court from their courtroom since March and forced them to change their ways in many respects. Now, in their season of weighty decisions, instead of the drama that can accompany the announcement of a majority decision and its biting dissent, the court’s opinions are being posted online without an opportunity for the justices to be heard.
Opinions June 3, 2020
Indiana Court of Appeals
David E Killian v. State of Indiana
19A-CR-02628
Criminal. Affirms David Killian’s conviction of sexual misconduct with a minor. Finds that because sexual misconduct with a minor over 20 ago could not have been the source of the pregnancy, the Kosciusko Superior Court properly excluded evidence that Killian’s son could have been the “source” of the victim’s pregnancy. Finds Evidence Rule 412(b)(1)(A) does not allow for this speculation.
Opinions June 2, 2020
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
USA v. Carlos Maez, USA v. Matthew Jones, USA v. Cameron Battiste
19-1287, 19-1768, 19-2049
USA v. Maez is an appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon DeGuilio.
Criminal. Affirms judgment of the Northern District Court against Carlos Maez in United States v. Maez, 19‐1287. Affirms Matthew Jones’ conviction in United States v. Jones, 19‐1768, vacates his sentence and remands the case to the district court for resentencing. After applying plain‐error review, concludes that the asserted errors do not require reversing any of the convictions, but vacates Jones’ sentence because the district court made a Tapia error. Also affirms Cameron Battiste’s conviction in United States v. Battiste, 19‐2049.
7th Circuit affirms firearms convictions in light of key SCOTUS ruling
In what it called its first precedential decision concerning convictions upon jury verdicts in federal firearms cases after a key US Supreme Court decision, the 7th Circuit Court of Appeals has affirmed the convictions of three men who argued that their indictments and jury instructions were missing an element.
Divided 7th Circuit reinstates manufacturing sales commission dispute
A divided panel of the 7th Circuit Court of Appeals has reinstated a sales commission dispute, though the dissenting judge would hold that the Northern District of Indiana’s grant of summary judgment was proper.
Opinions June 1, 2020
7th Circuit Court of Appeals
Logan Owsley v. Mark Gorbett
19-1825
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Vacates dismissal of Logan Owsley’s federal lawsuit contending that the Bartholomew County Sheriff and his deputies have lost or destroyed evidence that would help his late father’s estate pursue claims against who Logan claims are Cary’s putative murderers. Finds the district court properly recognized that the state court’s decision to retain Lisa Owsley as the estate’s representative is not subject to collateral attack. Finds a first issue on remand to determine is whether an access-to-courts claim can be based on an assertion that the defendants concealed or destroyed evidence that could have been relevant, had suit been filed in state court.
7th Circuit vacates dismissal of son’s federal estate dispute over father’s death
The 7th Circuit Court of Appeals has vacated dismissal of a federal estate lawsuit and remanded a case brought by a Bartholomew County man who claims his father’s wife and her children murdered his father.