Court of Appeals of Indiana
Billy Ray Barker v. State of Indiana (mem. dec.)
23A-PC-1751
Post-conviction relief. Affirms the Madison Circuit Court’s summary denial of Billy Ray Barker’s successive petition for post-conviction relief challenging the revocation of his parole after he was convicted of new criminal charges. Finds the trial court properly granted the state’s motion for summary disposition, denying Barker’s unauthorized successive petition.
Court of Appeals of Indiana
Jacquelyn Ivankovic v. Milan Ivankovic
23A-DC-1954
Domestic relations with children. Affirms the Lake Superior Court’s denial of Jacquelyn Ivankovic’s request for a temporary restraining order and a permanent injunction, asking that Milan Ivankovic be enjoined from contacting Jacquelyn’s employer to make allegations that she had engaged in wrongdoing. Finds the trial court does not have the statutory authority to issue the requested injunction. Also finds the husband’s communications with third parties involved allegations that wife committed illegal conduct, which is speech protected under the First Amendment.
“Yet another” round of district court review has been ordered in a sentence modification case after the 7th Circuit Court of Appeals, for the second time, vacated an order denying a modification, finding the judge did not provide a sufficient explanation.
An ex-husband’s claims that his ex-wife engaged in criminal activity at her job are protected by the First Amendment, the Court of Appeals of Indiana has affirmed.
The denial of a zoning exception for a drug treatment center was based on “fear and bias” and must be reversed, the Court of Appeals of Indiana ruled Wednesday.
Court of Appeals of Indiana
J.M. v. State of Indiana (mem. dec.)
23A-JV-1400
Juvenile. Affirms the Delaware Circuit Court adjudication of J.M. as a delinquent. Finds the state presented evidence of a probative nature from which a reasonable trier of fact could find that J.M. committed an act which would constitute child molesting as a Level 4 felony if committed by an adult.
Court of Appeals of Indiana
In the Termination of the Parent-Child Relationship of: R.S. and N.S., and M.Y. (Mother) and T.S. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1192
Juvenile termination of parental rights. Affirms the Clark Circuit Court’s termination of mother M.Y. and father T.S.’s parental rights to R.S. and N.S. Finds neither M.Y. nor T.S. have shown that the trial court committed clear error in terminating their parental rights to the child or at any point during the TPR proceedings. Also finds neither demonstrated a due process violation.
A father who lost custody of his children failed to convince the Court of Appeals of Indiana that the trial court erred by granting custody to the children’s grandmother.
Concerns about a former trustee accused of theft because she worked out-of-state during COVID should have been handled via a civil action, not a criminal action, the Indiana Supreme Court has ruled, vacating the ex-trustee’s 21 theft convictions.
Court of Appeals of Indiana
In the Matter of A.M.J. and A.L.J., Minor Children Alleged to be Children in Need of Services; S.J. (Father) v. Indiana Department of Child Services
23A-JC-2241
Juvenile CHINS. Affirms the Allen Superior Court’s order modifying custody of father S.J.’s sons in favor of their maternal grandmother. Finds the trial court did not abuse its discretion by modifying custody of the children in favor of the maternal grandmother.
A dog sniff that led to a man’s conviction on drug and firearms charges did not unconstitutionally prolong the underlying traffic stop, the 7th Circuit Court of Appeals affirmed Thursday.
The valuation of leased property in an Indianapolis parking garage will stand after the Indiana Tax Court upheld the Indiana Board of Tax Review’s challenged valuation.
A split Court of Appeals of Indiana has upheld the grant of a motion to set aside summary judgment in a dispute involving a financial company and a woman whose ex-husband admitted to using her identity to fraudulently obtain a loan.
Court of Appeals of Indiana
Automotive Finance Corporation d/b/a AFC v. Meng Liu
23A-CC-1468
Civil collections. Affirms the grant of Meng Liu’s motion to set aside a summary judgment order in favor of Automotive Finance Corporation. Finds the Marion Superior Court did not abuse its discretion. Judge Elaine Brown dissents with separate opinion.
Court of Appeals of Indiana
Tum Uk v. State of Indiana (mem. dec.)
23A-CR-616
Criminal. Affirms Tum Uk’s conviction for Level 1 felony child molesting. Finds no fundamental error. Also finds sufficient evidence supports Uk’s conviction.
Read Indiana appellate court decisions from the most recent reporting period.
A convicted murderer sentenced as a teen to more than 200 years will have his sentence reduced to 135 years, although one Court of Appeals of Indiana judge would uphold the 220-year term.
A grandmother who filed her grandparent visitation petition before her grandchild was adopted had standing to bring the action under the state’s Grandparent Visitation Act, the Court of Appeals of Indiana affirmed Tuesday.
Court of Appeals of Indiana
Desmond Banks v. State of Indiana
23A-CR-896
Criminal. Affirms and reverses in part Desmond Banks’ convictions in a quadruple murder and his de facto life sentence. Finds the Marion Superior Court properly denied Banks’ motion for mistrial based on Critical Emergency Response Team members approaching and standing behind him as jurors filed out of the courtroom. Also finds three of the four robbery convictions should be vacated due to insufficient evidence. Finally, finds Desmond’s convictions for the murder and Level 2 felony robbery of Marcel Wills constitute double jeopardy, and his 220-year sentence is inappropriate. Reduces his sentence to 135 years. Remands with instructions for the trial court to enter conviction for Level 5 felony robbery. Judge Cale Bradford concurs in part and dissents in part with separate opinion.
The state’s Dram Shop Act modified, but did not eliminate, common law liability for entities that serve alcohol, the Indiana Supreme Court ruled Monday.