COA affirms driver waived claims of error in car accident case
The Indiana Court of Appeals has affirmed a jury’s verdict in a car accident dispute, finding the driver determined most at fault has waived his claims of error.
Court opinions
Articles
Battery convictions sustained for man who burned child
A man convicted of burning his girlfriend’s child could not convince the Indiana Court of Appeals on Monday that his several convictions of battery subjected him to double jeopardy.
Supreme Court rules SEC can recoup money in fraud cases
The Supreme Court on Monday preserved an important tool used by securities regulators to recoup ill-gotten gains in fraud cases.
Opinions June 19, 2020
Indiana Court of Appeals
Reanna Lopez-Smith v. State of Indiana (mem. dec.)
19A-CR-3018
Criminal. Affirms Reanna Lopez-Smith’s convictions in Marion Superior Court of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. The state presented sufficient evidence to negate her affirmative defense of protected political speech.
7th Circuit removes East Chicago lead pollution case to federal court
Companies sued by residents who claim their former housing complex in East Chicago was polluted by toxins including lead and arsenic prevailed in their bid to have the case heard in federal rather than state court. In doing so, the 7th Circuit Court of Appeals also eased the standard for when a defendant may assert a defense of acting under federal authority.
Opinions June 18, 2020
Indiana Court of Appeals
Clark-Floyd Landfill, LLC v. Ricky Gonzalez, Yvonne Gonzalez, Robert Scoles, and Tamara Scoles, on Behalf of Themselves and All Others Similarly Situated
19A-CT-2680
Civil tort. Affirms the Clark Circuit Court’s certification of Ricky Gonzalez, Yvonne Gonzales, Robert Scoles, and Tamara Scoles’ complaint against Clark Floyd Landfill, LLC as a class action. Finds, among other things, that the trial court did not apply an incorrect legal standard in determining whether to certify the class action. Also finds the trial court’s adoption of the Homeowners’ class definition is supported by substantial evidence.
Court rejects Trump bid to end young immigrants’ DACA protections
The United States Supreme Court on Thursday rejected President Donald Trump’s effort to end legal protections for 650,000 young immigrants, a stunning rebuke to the president in the midst of his reelection campaign.
Opinions June 17, 2020
Valonte Deshoun Smith v. State of Indiana (mem. dec.)
19A-CR-2333
Criminal. Affirms Valonte Smith’s aggregate 12-year sentence for conviction of Level 3 felony rape. Finds the Madison Circuit Court did not abuse its discretion in denying admission of certain evidence. Finds Smith has failed to meet his burden that the deputy prosecutor committed misconduct and that the trial court did not abuse its discretion in instructing the jury. Also finds sufficient evidence to support the conviction, that Smith did not receive ineffective assistance of counsel and that his sentence is not inappropriate.
COA vacates man’s post-sentence probation fees order
A panel of the Indiana Court of Appeals has vacated an order requiring a man to pay more than $300 in probation fees after concluding that it was erroneous for the trial court to accept, post-sentencing, the imposition of such fees based on a probation department memo.
3-year sentence affirmed for woman who drove after lifetime ban
A woman who was found driving in violation of the lifetime forfeiture of her driver’s license could not convince the Indiana Court of Appeals on Wednesday that her sentence was inappropriate.
Simple math suggests complex back story at Supreme Court
Supreme Court watchers were left scratching their heads when they learned Justice Neil Gorsuch was the author of Monday’s landmark LGBT rights ruling, but not because the appointee of President Donald Trump might have been expected to side with his conservative colleagues in dissent.
Opinions June 16, 2020
Indiana Court of Appeals
Mary Eve Kassen Moriarty v. Cathereine C. Moriarty, et al.
19A-PL-02342
Civil plenary. Affirms the Hamilton Superior Court’s order entering judgment in favor of daughters Catherine C. Moriarty and Paula A. Bowers against Mary Eve Kassen Moriarty on their claim to reject the probate of the purported last will and testament of William J. Moriarty on the basis of lack of testamentary capacity and/or undue influence and on their claim of tortious interference with inheritance. Finds the trial court did not abuse its discretion by permitting the daughters to reopen their case-in-chief. Finds the trial court’s legal conclusions that the purported will is invalid and its conclusions regarding tortious interference with inheritance are not clearly erroneous.
COA affirms for daughters against late father’s wife in will dispute
Two daughters who claimed their father was of unsound mind when he executed a purported will and that his new wife tortiously interfered with their inheritance won a judgment against her from the Indiana Court of Appeals.
AG Hill accusers vow to pursue ‘all available civil claims’ in state court
After a federal court ruling that terminated Indiana Attorney General Curtis Hill as a defendant in their lawsuit, the four women who accuse Hill of sexual misconduct say they will “continue their pursuit of all available civil claims” against the AG.
Indiana petitions U.S. Supreme Court to take same-sex parents’ birth certificate case
Continuing its fight over parentage, Indiana has petitioned the U.S. Supreme Court to review the appellate court ruling that allowed non-birth mothers in a same-sex marriage to be listed as parents on their children’s birth certificates.
Opinions June 15, 2020
Indiana Supreme Court
In The Matter of Steven T Fulk
19S-DI-00277
Attorney discipline. Disbars Indianapolis attorney Steven Fulk effective immediately after finding that he committed attorney misconduct by neglecting a client’s case, converting an employee’s tax withholdings for his personal use, and failing to cooperate with the disciplinary process.
Justices rule LGBT people protected from job discrimination
The Supreme Court of the United States ruled Monday that a landmark civil rights law protects gay, lesbian and transgender people from discrimination in employment, a resounding victory for LGBT rights from a conservative court.
Opinions June 12, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday
USA v. Terrance Brasher
18-1997
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Criminal. Affirms Terrance Brasher’s sentence of life in prison for conviction of engaging in a conspiracy to distribute narcotics. Finds no merit to any of Brasher’s arguments against his conviction and sentence, including that there was a fatal variance between the conspiracy as charged and the proof at trial, among others.
Indiana Supreme Court remands Bayer birth control defect case to COA
The Indiana Court of Appeals will need to go back and consider the viability of each claim brought by more than 30 women who sued a medical company over one of its birth control products, the Indiana Supreme Court ordered on Friday.
7th Circuit upholds life sentence for man in Kentucky, Indiana drug conspiracy
A man sentenced to life in prison for his involvement in a large narcotics conspiracy stemming from Louisville, Kentucky did not persuade the 7th Circuit Court of Appeals to reverse his conviction and sentence.