A mother who made threatening social media posts toward a police officer after her son’s death has lost an appeal of her harassment conviction. The Indiana Court of Appeals divided on the sufficiency of evidence supporting her conviction, while a dissenting judge also declared the state’s harassment law “unconstitutionally overbroad and facially invalid because it is susceptible of prohibiting protected expression.”
Indiana Court of Appeals
Timothy W. Allen v. State of Indiana (mem. dec.)
18A-CR-2952
Criminal. Dismisses Timothy Allen’s appeal of his status as a habitual offender. Finds Allen cannot seek to challenge his habitual offender enhancement on direct appeal as a result of his guilty plea to conviction of Level 5 felonies dealing in methamphetamine and possession of methamphetamine.
An Indianapolis church must pay its former pastor $80,000 after the Indiana Court of Appeals upheld the enforcement a judgment stemming from the church’s failure to pay the clergyman his regular salary.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Thursday.
USA v. Vahan Kelerchian
18-1320
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Criminal. Affirms firearms dealer Vahan Kelerchian’s conviction of four counts each of conspiracy and making false writings and one count of money laundering for his role in criminal conspiracies with Lake County law enforcement officers to fool manufacturers into thinking they were selling machine guns and laser sights to local police forces when they were instead going into private hands. Finds no error in instructing the jury, no prosecutorial conduct or other errors or abuses among the issues Kelerchian raised on appeal.
A Pennsylvania gun dealer who was convicted of multiple federal counts after he conspired with Lake County law enforcement officers to procure machine guns and laser sights lost his appeal Friday.
The 7th Circuit Court of Appeals has affirmed a district court’s ruling against a Beech Grove manufacturing company over who should bear the costs of cleaning up a contaminated lead smelter site.
An Indiana Court of Appeals panel has affirmed a sex offender’s seven-year sentence despite his assertions that the sentence was inappropriate, despite a finding that a trial court improperly used the offender’s risk assessment scores as an aggravating factor.
A preliminary injunction issued to allow the doors of a South Bend abortion clinic to open has been affirmed by the 7th Circuit Court of Appeals, but the appellate court narrowed the injunction and struck a compromise between the parties’ dueling views of Indiana’s licensing system.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
USA v. Curtis L. Johnson
18-2350
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. District Judge Michael J. Reagan.
Criminal. Dismisses Curtis Johnson’s appeal of his 21-month sentence for conviction of wire fraud and upholds the appeal waiver in his guilty plea agreement. Finds no fundamental error and that Johnson’s circumstances do not present a due process exception to the rule that most written appeal waivers are effective. Concludes Johnson does not fall outside of the limits to an appeal waiver.
A man convicted of murder may proceed in his second pursuit of post-conviction relief now that the Indiana Supreme Court has concluded his petition addressed only the grounds arising from his second appeal and was therefore not considered a second or successive petition.
Arguments about whether aborted fetal remains from a child molesting case were improperly provided to a jury for consideration and stored in the jury room refrigerator during deliberations were settled by an appellate court Wednesday.
A man who pleaded guilty to fraudulently wiring money from his Fishers employer to his personal bank account couldn’t convince the 7th Circuit Court of Appeals that his circumstances presented a due process exception to the rule that most written appeal waivers are effective.
Read Indiana appellate court decisions from the most recent reporting period.
This year, a group of unions, employment law attorneys and other labor organizations petitioned the Federal Trade Commission to ban noncompete agreements. But while there are some instances where a restrictive covenant can be too restrictive, experts say there are also instances where noncompete clauses are legitimate.
For a team of Indiana lawyers who successfully litigated a case contesting partisan gerrymandering in Michigan, a recent U.S. Supreme Court decision was a disappointment that likely will vacate the judgment in their favor. Legal observers say the issue now will be fought in statehouses across the country.
Indiana Court of Appeals
Clifton E. Sharp v. State of Indiana, and Brianna Finney
19A-CR-467
Criminal. Affirms and reverses in part the Clark Circuit Court’s ruling that the Estate of Clifton Sharp had standing to make a claim for bond money posted for Sharp by Brianna Finney, but summary judgment should be entered in favor of Finney. Finds the trial court properly concluded the estate had standing, but improperly entered judgment beyond that issue because there are factual matters to be developed. Remands for proceedings.
A Vigo County father’s parental rights must be restored, the Indiana Court of Appeals has ruled, finding evidence that he might be incarcerated for several years insufficient to support a termination order.
A dispute over who should receive bond money paid on behalf of a now-deceased defendant will proceed in court after the Indiana Court of Appeals reversed summary judgment for the woman who posted the bond then fatally shot the man.
The Indiana Court of Appeal found a widow’s argument that she should have access to the Indiana Patient’s Compensation Fund was not ripe for judicial review.
An Illinois man who owns rental property in Hammond failed to convince the 7th Circuit Court of Appeals that a city licensing ordinance requiring he obtain a license to make repairs to his properties was discriminatory.