COA reinstates car seller’s defamation, breach suit
An auto financing company took a hit after the Indiana Court of Appeals reinstated a car dealer’s breach of contract and defamation complaints in a dispute over vehicles purchased at auction.
Court opinions
Articles
7th Circuit upholds firearms convictions, sentence despite evidence error
Though the district court erred in admitting certain evidence without allowing a defendant to cross-examine the related witnesses, the 7th Circuit Court of Appeals still upheld that defendant’s firearms convictions and sentence Tuesday.
Ban on Indiana abortion parental notification law upheld
A federal appeals court has upheld an injunction blocking a 2017 Indiana law that would have required parental notification for mature minors seeking an abortion. One member of the three-judge panel dissented, however, and would have allowed the law to take effect.
7th Circuit blocks Indiana voter purge law
A federal appeals court has confirmed that Indiana’s attempt to cleanse its voter rolls by using the controversial Crosscheck database violates the National Voter Registration Act. The ruling upholds a lower court ruling in a suit brought by a national public-interest group.
Opinions Aug. 27, 2019
Indiana Court of Appeals
Pinch-N-Post, LLC v. Verna L. McIntosh
19A-TP-00239
Tax deed. Affirms in part Verna McIntosh’s assertion that a notice sent by Pinch-N-Post, LLC that included the redemption amount for property she owned would have led a reasonable person to conclude that the total redemption amount was far greater than it actually was. However, finds the St. Joseph Circuit Court should have ordered a new redemption period and reverses and remands with instructions to order a new 120-day redemption period, with notice under Indiana Code section 6-1.1-25-4.5 to be given not later than 90 days after the order. Judge Elizabeth Tavitas concurs in part and dissents in part with a separate opinion, and would void the tax sale.
Improper redemption notice divides COA in tax deed case
A divided Indiana Court of Appeals affirmed that the inclusion of an overbid in a tax-sale purchased home’s redemption amount was misleading, but the majority still ultimately offered a second chance for a proper notice to be sent.
Reversal: COA awards Muncie attorney fees for unpaid legal services
A Muncie attorney is set to receive payment owed him by a former municipal client after the Indiana Court of Appeals reversed and remanded a decision that denied his counterclaim for final payment and subjected him to attorney fees.
Mom’s Facebook harassment conviction splits appellate panel
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.”
Opinions Aug. 26, 2019
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.
COA upholds $80K judgment for pastor who wasn’t paid
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.
Opinions Aug. 23, 2019
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.
Dealer’s conviction for machine gun, laser sight sales upheld
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.
7th Circuit affirms CERCLA ruling in Beech Grove lead cleanup
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.
COA affirms sex offender’s sentence
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.
South Bend abortion clinic can open, but only as ‘provisionally licensed’
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.
Opinions Aug. 21, 2019
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.
Justices grant transfer, allow PCR case from second appeal
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.
COA cautions about sending fetal remains to jury deliberations
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.
Court tosses ex-Fishers executive’s wire fraud appeal
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.
Indiana Court decisions – Aug. 1-14, 2019
Read Indiana appellate court decisions from the most recent reporting period.