A felon convicted on two gun charges and sentenced to an upper-range prison term received token relief from the Indiana Court of Appeals on Thursday, but he still is ordered to serve more than 10 years behind bars.
Indiana Court of Appeals
First Chicago Insurance Company v. Candace Collins, et al.
19A-PL-02000
Civil plenary. Finds the Marion Superior Court did not abuse its discretion in granting Robin Dunn’s motion for relief from default judgment, as Dunn showed a meritorious defense and misconduct of an adverse party under Trial Rule 60(B)(3). Reverses the order requiring that First Chicago Insurance Company make up to $25,000 available for Dunn’s claims. Remands for proceedings.
A woman who sued an insurance company after she and her child were injured in a multi-vehicle crash showed a meritorious defense and misconduct of an adverse party in the case, the Indiana Court of Appeals ruled Wednesday. The appeals court sent the case back to the trial court for full consideration of her claims.
After more than 10 years with a criminal record, an Elkhart man successfully petitioned to reduce his felony conviction to a misdemeanor. But when he tried to expunge the conviction two years later, he faced an unexpected setback. The Indiana Supreme Court will decide whether he and others in his situation must wait longer for an expungement.
Read Indiana appellate court decisions from the most recent reporting period.
Death penalty experts say they expect justices of the United States Supreme Court ultimately will decide whether federal executions will resume at the United States Penitentiary in Terre Haute.
A German water pipe manufacturer did not convince an Indiana Court of Appeals panel on Tuesday that Hoosier courts lack personal jurisdiction to hear a negligence lawsuit brought against the company by a northern Indiana apartment complex.
An Indiana Court of Appeals panel has once again split over matters concerning a lawsuit brought against two lawyers, this time granting a petition for rehearing to reaffirm a prior split decision.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday.
Thomas Censke v. USA
18-2695
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the holding that Thomas Censke’s administrative complaint under the Federal Tort Claims Act was not filed until it was received and therefore untimely. Finds the prison mailbox rule applies to a prisoner’s administrative complaint under the Federal Tort Claims Act and that mail is filed upon being placed in the prison’s mail. Thus, finds Censke’s claim was timely filed.
A federal prisoner who struggled to file an administrative complaint through the prison mail system and was denied his complaint due to untimeliness has won a reversal from the 7th Circuit Court of Appeals. The 7th Circuit concluded that the complaint was filed the moment it was placed in the prison’s mail and not upon its receipt.
Nearly three years after oral arguments, the 7th Circuit Court of Appeals has issued a ruling in Indiana’s same-sex birth certificate case by following what the U.S. Supreme Court said to do — find in favor of the mothers.
Indiana Court of Appeals
Shannon Gehlhausen, et al. v. Indiana Foundation Service, Inc.
19A-CT-00842
Civil tort. Affirms the Hamilton Superior Court’s grant of summary judgment to Indiana Foundation Service, Inc. Finds Shannon and Brandon Gehlhausen have failed to present a different account of events that would require a resolution by a trier of fact.
A Hoosier foundation services company that secured a ruling against new homeowners in a warranty dispute stemming from issues with leaking basement wall prevailed Friday in the Hamilton County homeowners’ appeal.
7th Circuit Court of Appeals
Judy Prater v. Andrew Saul
19-2263
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee.
Civil. Affirms the denial of Judy Prater’s request for Social Security disability insurance benefits based on a variety of her mental and physical impairments. Finds that the sit/stand limitation in Prater’s residual functional capacity assessment specifies that Prater may change positions as needed so long as she remains in position for at least 30 minutes at a time. Finds the RFC formulation as not vague and that the decision is supported by substantial evidence.
The Indiana Court of Appeals has affirmed a man’s theft conviction, finding testimony about what a law enforcement officer saw on a CVS pharmacy’s security footage did not violate the best evidence rule.
A woman seeking disability insurance benefits was again denied her request when a unanimous 7th Circuit Court of Appeals concluded that a sit/stand limitation in her residual functioning capacity assessment was not vague.
The Indiana Court of Appeals has affirmed the denial of a Kroger store’s request for summary judgment against a woman who sued it for negligence after she injured herself in a slip-and-fall accident.
An appellate judge concurring with a one-paragraph opinion in a post-conviction case proposed reordering the way Indiana treats those who are arrested. But Judge Paul Mathias joined with judges Margret Robb and Rudolph Pyle III to affirm the denial of post-conviction relief in Charles E. Barber v. State of Indiana, 19A-PC-1234.
A lawyer and his clients who collectively were ordered to pay more than $156,000 in damages and attorney fees after defaulting in a Hamilton County business breach of contract and defamation suit won no relief Tuesday from the Indiana Court of Appeals.
A St. Joseph County man failed to persuade the Indiana Court of Appeals to toss his counterfeiting conviction on his argument that his alleged pot dealer lied to police about how he had received a phony $50 bill.