Protective order reversed for insufficient evidence
A man seeking to be rid of a protective order brought against him by his ex-girlfriend convinced the Indiana Court of Appeals that insufficient evidence supported the order.
Court opinions
Articles
Homeowners win attorney fees in Kosciusko fairgrounds dispute
Homeowners who secured a victory over a neighboring fairground property in a motorized racing dispute will get damages and appellate attorney fees for frivolous litigation, the Indiana Court of Appeals has ruled.
Opinions Feb. 26, 2020
Indiana Court of Appeals
William A. Brock v. State of Indiana (mem. dec.)
19A-CR-1530
Criminal. Affirms William Brock’s conviction in Lawrence Superior Court of Level 5 felony failing to register as a sex or violent offender. Finds sufficient evidence to support the conviction.
Right to Farm case ends with denial from Indiana Supreme Court
In ultimately denying transfer, a divided Indiana Supreme Court ended a dispute that pitted neighbor against neighbor and raised questions about whether the state’s Right to Farm Act was meant to cover an 8,000-head hog operation in Hendricks County.
Man charged in judges’ shooting claims self-defense, says judges were aggressors
The man charged with shooting two southern Indiana judges outside an Indianapolis fast food restaurant last year claimed in a Tuesday court filing that he acted in self-defense. The notice of affirmative defense also alleges the judges were the aggressors as alleged gunman Brandon Kaiser and his nephew, Alfredo Vazquez, were stopping to eat at a downtown White Castle, where the shooting took place in the parking lot.
Opinions Feb. 25, 2020
Indiana Court of Appeals
Property MD’s Home Improvement, LLC v. Anthony Grayson and Horizon Bank, N.A. (mem. dec.)
19A-PL-1764
Civil plenary. Affirms the Porter Superior Court’s denial of Property MD’s Home Improvement’s motion to correct error. Finds Property MD’s cited no legal authority in its disjointed argument regarding damages. Finds its argument regarding interest and attorney fees wholly fails to establish that its lien was valid.
High court closes courthouse door on slain Mexican teen’s family
The Supreme Court of the United States ruled 5-4 Tuesday to close the courthouse door on the parents of a Mexican teenager who was shot dead over the border by an American agent. The case tested a half-century-old Supreme Court decision that allows people to sue federal officials for constitutional violations.
Opinions Feb. 24, 2020
Indiana Court of Appeals
Sue Williams, Linda Wood, and Claude-Wood, as the Co-Personal Representatives of the Estate of Rachel A. Wood, Deceased v. Indiana Department of Correction, Corizon, Inc., et al.
19A-CT-1832
Civil tort. Affirms in part the Marion Superior Court’s entry of summary judgment to Corizon, Inc. nurses Tina Icenogle and Mary Grimes in a suit brought by the estate of Rachel Wood, who died while an inmate at the Indiana Department of Correction. However, holds the designated evidence readily demonstrates genuine issues of material fact on the estate’s claims of deliberate indifference. Reverses the entry of summary judgment for the remaining Corizon medical employees, for Corizon and for the DOC, which failed to discover Wood’s facially inconsistent medical records, her nonexistent treatment plans, or Corizon’s “completely and totally inadequate” medical settings. Remands for proceedings.
DCS, trial court reprimanded in reversal of parental rights termination
A father will have his parental rights restored after an Indiana Court of Appeals ruling that reiterated the Department of Child Services does not have the authority to set policy inconsistent with the law.
CHINS statutory deadline overridden by trial rule
In a case of first impression, the Indiana Supreme Court found a trial rule trumped the CHINS statutory deadline after a mother was first granted a continuance, then moved to have the case dismissed because the court took longer than 120 days to complete the factfinding.
Lawyer’s lie on jury questionnaire prompts retrial in murder case
A lawyer who lied about her criminal history on a jury questionnaire in a murder case has divided an Indiana Court of Appeals panel, which ultimately vacated the murderer’s case for a retrial.
Reversal: Consecutive sentences inappropriate in drug-dealing conspiracy case
The Indiana Court of Appeals has reversed a man’s consecutive sentences for his conspiracy to commit dealing convictions after determining they were inappropriate.
Justices: Seized evidence must be suppressed in GPS tracker case
Though the ruling may result in a drug crime going unpunished, the Indiana Supreme Court has reversed the denial of a motion to suppress evidence, finding a lack of probable cause to support the underlying search warrants.
Appeals panel upholds South Bend murder conviction
A man convicted of murdering the person he believed was responsible for killing his sister failed to convince a panel of the Indiana Court of Appeals that his conviction was in any way flawed.
Reversal: Ministry’s re-entry program excepted from landlord-tenant statutes
A South Bend ministry that provides transitional housing and job training for people re-entering society after incarceration won an appeal against a man who was awarded damages after claiming he was wrongly barred from the property and forced to come up with money to stay at a hotel.
Opinions Feb. 19, 2020
The following 7th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday.
United States of America v. Marvin Cates
19-1042
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Affirms the denial of Marvin Cates’ motion to withdraw his guilty plea to possession a firearm with a prior felony conviction on the basis of ineffective assistance of counsel. Finds the record contains insufficient evidence to support Cates’ ineffective-assistance claim on direct appeal.
Reversal: Driver at fault in wreck liable for repaired truck’s diminished value
A woman whose vehicle rear-ended a pickup truck in a Bloomington wreck is liable for the truck’s diminished value after it was repaired, the Indiana Court of Appeals ruled Wednesday in a reversal.
COA rejects separation-of-powers argument in probation revocation appeal
A man contesting the revocation of his probation did not convince the Indiana Court of Appeals that an Indiana statute violates the separation-of-powers provisions of the Indiana Constitution. The appellate court instead found, based on its own precedent, that the statute is not unconstitutional.
Reversal: Burglary conspiracy expungement petition wrongly dismissed
A man’s petition for expungement of his criminal record for his involvement as a lookout during a residential burglary almost 20 years ago has been reinstated after the Indiana Court of Appeals ruled Wednesday that a southeast Indiana trial court erred in dismissing it.
7th Circuit rejects ineffective-assistance claim on direct appeal
A federal inmate who chose to raise an ineffective-assistance claim on direct appeal has lost his bid to overturn his guilty plea, with the 7th Circuit Court of Appeals finding that his strategic decision to raise the issue on direct appeal led to a lack of sufficient evidence.