$479K judgment against Crown Point grocer in slip-and-fall case upheld
A jury verdict for a woman who was seriously injured in a fall on a snow-covered sidewalk outside a Crown Point grocery store was upheld Friday by the Indiana Court of Appeals.
Court opinions
Articles
Appeals court puts Indiana Grand horseman’s negligence case out to pasture
A horseman who claims he was injured after another rider’s horse got loose during training exercises at Indiana Grand Racing & Casino didn’t win, place or show Friday at the Indiana Court of Appeals.
COA rules trial court erred in grandparent visitation case
The Indiana Court of Appeals overturned a ruling that had prevented a couple from seeing their grandchild, finding the trial court’s grant of the mother’s petition to dismiss the paternity cause after the grandparents had intervened would likely extinguish their right to visitation.
Divided COA panel finds for woman wrongly told hepatitis test was negative
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 Friday 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.
COA dismisses long-running suit from deaf litigant denied sign interpreter
A deaf man’s lawsuit that challenged the denial of a request for a sign language interpreter in a court-ordered family law modest means mediation was dismissed on appeal Friday.
Insurer owes no coverage in $50M Elkhart damages ruling, 7th Circuit affirms
A federal court ruling in favor of the insurer of a wood processing facility in Elkhart that was the subject of years of environmental litigation brought by neighbors was affirmed Thursday. The 7th Circuit Court of Appeals held Westfield Insurance owed no duty to cover its insured against an environmental damages award of more than $50 million.
Opinions June 25, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL daily deadline Wednesday.
David L. Day, Jr. v. United States of America
18-2398
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Criminal. Vacates the denial of David Day’s pro se motion for relief from his 92-month sentence under 28 U.S.C § 2255. Rules the U.S. District Court for the Southern District of Indiana erred by denying the motion without an evidentiary hearing to hear Day’s arguments that his private attorneys were constitutionally ineffective for advising him to reject a favorable plea offer. Notes that to have his motion granted, Day will have to show a “reasonable probability” that he would have received a sentence lower than 92 months. Remands for an evidentiary hearing.
Judgment of $246K for Carmel landlord upheld in business lease dispute
A Carmel landlord was properly awarded damages of nearly $250,000 plus attorney fees in a dispute over unpaid office rent, the Indiana Court of Appeals ruled Thursday. The appellate court found no grounds for disturbing a Hamilton Superior Court’s judgment that discredited the tenant’s argument.
Opinions June 24, 2020
The following Indiana Supreme Court decision was posted after IL deadline Tuesday.
Brian E. Hardin v. State of Indiana
20S-CR-418
Criminal. Affirms in a 3-2 decision Brian Hardin’s conviction and 22-year aggregate sentence for conviction of possession and dealing methamphetamine and the denial of his motion to suppress evidence found in a search of his truck. The majority — justices Christopher Goff, Mark Massa and Geoffrey Slaughter — find the search was not unreasonable under Litchfield v. State, 824 N.E.2d 356, 361 (Ind. 2005). Justice Steven David and Chief Justice Loretta Rush dissent and would grant the motion to suppress and remand for a new trial in Morgan Circuit Court. Slaughter in a separate concurrence questions the test developed under Litchfield.
Appeals court tosses battery with deadly weapon conviction
A man’s confession to police was ruled insufficient without other evidence of a crime to support his conviction of battery with a deadly weapon, the Indiana Court of Appeals ruled Wednesday, vacating a conviction in a domestic violence case.
Indiana Court Decisions – June 4–17, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Opinions June 23, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
Tyrus McNair v. USA
18-2541
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William Lee.
Civil. Affirms the Northern District Court’s denial of Tyrus McNair’s request for resentencing. Finds that McNair did not act diligently in making his request for relief.
7th Circuit rejects sentence appeal as ‘way short of due diligence’
The 7th Circuit Court of Appeals has affirmed the denial of a man’s claim that he is entitled to resentencing, concluding that his request was much too late.
Opinions June 22, 2020
The following 7th Circuit Court opinion was posted after IL Deadline on Friday.
USA v. Jerry J. Jones
19-1644
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Criminal. Vacates Jerry Jones’ revised 840-month sentence for conviction of two carjackings, an armed bank robbery, and using firearms during those crimes of violence. Finds that the U.S. District Court for the Southern District of Indiana did not sufficiently justify the extent of its deviation from Jones’ effective guidelines range of 348–390 months. Remands for resentencing.
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.
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.