Indiana Court of Appeals
Michael Shepard v. State of Indiana
19A-CR-02065
Criminal. Affirms Michael Shepard’s conviction of Level 6 felony battery resulting in moderate injury. Finds Shepard’s 30-month sentence imposed in Howard Circuit Court is not inappropriate considering the nature of the offense and his character.
7th Circuit Court of Appeals
Gail Martin v. Andrew M. Saul
19-1957
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan Collins.
Civil. Reverses the denial of disability benefits to Gail Martin, finding a second administrative law judge’s decision was not supported by substantial evidence. Orders the award of benefits for Martin, finding her disabled.
A man sentenced to 145 years after he was convicted of sexually assaulting his fiancé has been granted post-conviction relief on appeal. The Indiana Court of Appeals concluded the man was entitled to relief based on his appellate counsel’s ineffectiveness.
The Indiana Court of Appeals has reinstated a petition to establish child support from a man who is not the biological father of the child. The panel concluded that time had run out for the man, who signed a paternity affidavit without reading it and waited years before taking judicial action.
Indiana Court of Appeals
Richard R. Shore v. State of Indiana (mem. dec.)
19A-CR-1463
Criminal. Affirms Richard Shore’s conviction of Class A misdemeanor intimidation. Finds sufficient evidence to support the conviction and to establish that proper venue was in Warren County.
A panel of appellate judges has affirmed the forfeiture of roughly $17,000 in cash seized from a man after his involvement in a mobile shootout in Indianapolis. The panel concluded there was a nexus between the money and qualifying criminal activity.
Few people have fought any city hall all the way to the U.S. Supreme Court and won, but Fane Lozman did it twice. Now the Florida city he’s battled since 2006 is going to pay him thousands of dollars in legal fees.
Indiana Court of Appeals
Duke Energy Indiana, Llc v. J & J Development LLC
19A-PL-00735
Civil plenary. Reverses the Clark Circuit Court’s grant of summary judgment to J&J Development Company, LLC and against Duke Energy Indiana, LLC. Finds improvements made by J&J within an easement owned by Duke did unreasonably interfere with the easement’s use. Remands for the entry of summary judgment in favor of Duke, including an injunction requiring J & J to remove the challenged improvements.
A massive utility company has secured a reversal and judgment from the Indiana Court of Appeals following an easement-related dispute with a neighborhood developer. The result means a southern Indiana developer must remove the entrance to residential development under construction.
Read Indiana court decisions from the most recent reporting period.
The Indiana Supreme Court denied transfer in 21 cases last week but agreed to hear a motion for discharge argument in a molestation case.
A firearm-related sentence that was enhanced by prior felonies has been affirmed, despite subsequent developments in the law that the defendant argued made his sentence inappropriate.
The following Indiana Supreme Court opinion was posted after IL deadline Friday.
S.H. v. D.W.
19S-PO-118
Protective order. Reverses the Bartholomew Superior Court’s grant of a second protective order against S.H. that was requested by D.W. Finds insufficient evidence to support the trial court’s entry of another two-year protective order. Remands with instructions to vacate entry of the second protective order. Justice Christopher Goff dissents with a separate opinion in which Justice Mark Massa joins.
Indiana Court of Appeals
Small Business in Transportation Coalition, et al. v. Indiana Department of Revenue, et al.
19A-PL-370
Civil Plenary. Affirms the Marion Superior Court order in favor of the Indiana Department of Revenue on a complaint by Small Business in Transportation and other plaintiffs’ class-action suit seeking the reimbursement of potentially hundreds of millions of dollars in state motor carrier fees collected through an internet portal. Hold the plaintiffs’ efforts to recoup fees voluntarily paid through the portal is without basis in law.
The Indiana Court of Appeals on Friday affirmed on interlocutory appeal a trial court’s decision that it has the legal authority to address the merits of an Indiana Trial Rule 60(B) claim in a dispute over a dock location between Brown County lakefront property owners.
The Indiana Court of Appeals has ordered a new trial for a man convicted of sexual battery after finding a trial court abused its discretion in admitting evidence of the man’s decade-old false informing conviction.
An appeals court on Friday affirmed a judgment for the Indiana Department of Revenue in a class-action lawsuit that sought to recoup hundreds of millions of dollars in state motor carrier fees trucking companies paid online.
A man who beat his pregnant girlfriend and urged her to change her story and not testify against him did not convince the Indiana Court of Appeals to reverse his sentence and convictions.
A man convicted of resisting law enforcement after refusing to remove his hands from his pockets did not persuade the Indiana Court of Appeals that there was insufficient evidence to support his conviction.
Indiana Court of Appeals
City of Bloomington Board of Zoning Appeals v. UJ-Eighty Corporation
19A-PL-00457
Civil plenary. Majority affirms the Monroe Circuit Court’s grant of UJ-Eighty Corp.’s petition seeking judicial review of the Bloomington Board of Zoning Appeals’ decision that affirmed the issuance of two notices of violation against UJ-Eighty. Finds the City of Bloomington improperly delegated authority to Indiana University in violation of the Due Process Clause of the Fourteenth Amendment. Affirms that the ordinance unconstitutionally violates due process. Judge L. Mark Bailey dissents with opinion.