Articles

Opinions Oct. 18, 2019

Indiana Court of Appeals
Robert McAnalley v. State of Indiana
18A-CR-01099
Criminal. Affirms Robert McAnalley’s conviction of Level 4 felony possession of a firearm by a serious violent felon and his guilty plea to a habitual offender enhancement. Finds the admission of handgun evidence did not violate McAnalley’s federal or state constitutional protections. Finds the Marion Superior Court did not abuse its discretion under the circumstances. Judge Cale Bradford concurs in result in a separate opinion.

 

Read More

Opinions Oct. 17, 2019

Indiana Court of Appeals
Kay Kim, et al. v. Village At Eagle Creek Homeowners Association, et al.
19A-SC-00970
Small claims. Reverses the Marion County Small Claims Court’s order dismissing Kay Kim and Charles Chuang’s action against the Village at Eagle Creek Homeowners Association, Inc. and Muhammed and Andleeb Javed. Finds the smalls claims court erred when it dismissed Kim and Chuang’s case for their refusal to attend mediation. Holds that small claims courts may not Remands further proceedings.

Read More

COA affirms IURC’s order in Hamilton Southeastern rate case

An order from the Indiana Utility Regulatory Commission requiring a Hamilton County utility to comply with national guidelines to support a rate hike was upheld Tuesday by the Indiana Court of Appeals. Hamilton Southeastern Utilities uses its operations contractor, Sanitary Management & Engineering Co., to carry out all operation, maintenance and engineering functions of HSE’s […]

Read More

Opinions Oct. 11, 2019

The following 7th Circuit Court of Appeals opinion was posted Thursday after IL deadline:
United States of America v. Reynold De La Torre, et al.
18-2009, -2218, -2286, -3303, 19-1299
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Criminal. Affirms sentences entered against Maria Gonzalez, Reynold De La Torre and Adrian Bennett. Vacates the guilty pleas entered by Christian Chapman and Jeffrey Rush. Finds Gonzalez’s offense level was properly adjusted for her “aggravating role,” De La Torre waived his challenge to the conditions of his supervised release, and Bennett failed to identify a specific reason to question the substantive reasonableness of his below-guidelines sentence. Also finds Chapman and Rush were subjected to sentencing errors that affected their substantial rights. Remands for further proceedings.

Read More

COA divided on motion for discharge argument in molestation case

A split Indiana Court of Appeals has affirmed the denial of a man’s motion for discharge of his child molesting and child solicitation counts under Indiana Rule of Criminal Procedure 4(C), with a dissenting judge arguing that because proceedings were not stayed until months after an interlocutory appeal was filed and accepted, the tolling rule doesn’t apply.

Read More