The Indiana Court of Appeals on Wednesday was not convinced by a man’s argument that his decades-long sentence for child molesting was inappropriate or that victim testimony was inadmissible.
Indiana Court of Appeals
In the Matter of the Revocable Trust Agreement Created by the Settlor, Anil Kumar Sarkar, Dipa Sarkar v. Anuradha (“Mili”) Sarkar Naugle
19A-TR-1814
Trust. Affirms the Vigo Superior Court’s findings of facts and conclusions in favor of Anuradha Sarkar Naugle, concluding that the revocable trust was not created in contemplation of death and for the purpose of defeating Dipa Sarkar’s spousal elective share. Finds Dipa cannot satisfy her statutory election to take against the will from the assets in her deceased husband’s inter vivos trust.
A widow who contested whether she could satisfy her election to take against the will of her deceased husband when he transferred the majority of his assets into a revocable trust lost her appeal to the Indiana Court of Appeals on Tuesday.
The Supreme Court of the United States on Monday threw out a lower court ruling in favor of a black media mogul and comedian who’s suing cable giant Comcast alleging racial discrimination.
The Supreme Court of the United States ruled Monday that states can prevent criminal defendants from pleading insanity without violating their constitutional rights. The decision could prompt states across the country to toughen standards for defendants who wish to plead not guilty by reason of insanity.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
Molly Joll v. Valparaiso Community Schools
18-3630
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John E. Martin.
Civil. Reverses the grant of summary judgment to Valparaiso Community Schools on Molly Joll’s sex discrimination claim but affirms the grant of summary judgment on Joll’s age discrimination claim. Finds Joll offered evidence that would allow a reasonable jury to find that the school district used hiring procedures tilted in favor of male applicants, applied sex-role stereotypes during the interview process and manipulated the criteria for hiring in ways that were inconsistent except that they always favored male applicants. Remands for trial on the sex discrimination claim. Judge Kenneth Ripple dissents with separate opinion.
Two men who robbed and stole hundreds of thousands of dollars from Indiana Walmart stores could not convince the 7th Circuit Court of Appeals on Friday that there was insufficient evidence to support their convictions.
The admission of positive drug test results under the business-records exception was affirmed by the Indiana Court of Appeals in a Monday child in need of services case, despite a father’s argument that admission of the evidence was erroneous.
A would-be high school running coach who says she was passed over for a coaching job in favor of younger male applicants will be able to make her claim for sex discrimination in court after a majority of the 7th Circuit Court of Appeals reversed summary judgment for Valparaiso Community Schools.
An Indiana trial court erred in a case over unpaid elevator repair bills by granting the plaintiffs’ motion to correct error after the case already had gone up to the Indiana Court of Appeals.
A driver who a jury awarded just $10,000 on her personal injury claims after an intoxicated driver struck her car from behind won a new trial on damages Friday. The Indiana Court of Appeals found an erroneous jury instruction may have led to a verdict that was less than the driver had been offered to settle the case.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday.
DePuy Synthes Sales, Inc. v. OrthoLA, Inc.
19-2765
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the district court’s stay of a case filed in the Southern District seeking an order to compel arbitration in a medical device distribution dispute between manufacturer DeDuy Synthes Sales and Los Angeles-area contract distributor OrthoLA, Inc. Finds that given related litigation over similar subject matter in California, the Southern District did not abuse its discretion in staying the matter until the California matter is resolved.
A dispute over a medical device maker’s distribution contracts in Southern California was properly stayed in an Indiana federal court after parallel claims were brought here, the 7th Circuit Court of Appeals ruled Wednesday.
A visitor who was present during a home detention check that resulted in the discovery of illegal drugs and ended with him in handcuffs secured a reversal from the Indiana Court of Appeals on Wednesday. The court found officers lacked probable cause to search the man and reversed his denied motion to suppress.
A Crown Point attorney who was fired by her client in a long-running juvenile paternity case had no right to then intervene in the case to seek an award of attorney fees from the opposing party, the Indiana Court of Appeals ruled Wednesday, reversing the trial court.
Read Indiana appellate decisions from the most recent reporting period.
A federal court issued an order Tuesday requiring Indiana to include non-birth mothers’ names on their children’s birth certificates, marking a milestone in a long legal battle.
The Indiana Court of Appeals has affirmed the conviction of a woman who was found intoxicated in her running but parked vehicle, finding sufficient evidence to support that she was operating the vehicle at the time law enforcement found her.
The legal guardian of an elderly woman housed at a Carmel assisted living facility could not convince the Indiana Court of Appeals on Tuesday that she should not be compelled to arbitration after bringing breach of contract and negligence claims against the facility for allegations of sex abuse.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday.
USA v. Sheila Geary
19-2299
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Sheila Geary’s 57-month prison sentence and five years of supervised release for a child pornography conviction, as well as an order that she pay $55,600 in restitution jointly and severally with her husband, David Geary. Finds no clear error in the district court’s factual findings that Sheila was a but-for cause of a child’s abuse. Also finds the inclusion of the restitution amount in Sheila’s PSR was sufficient notice to her that David’s restitution amount would be used in her sentencing. Thus, finds no error in relying on the calculation from David’s sentencing to determine the amount of restitution that Sheila would owe.