In the continued litigation over whether and when the Merrillville Town Court should be shut down, the court’s judge has lost his appeal of a summary judgment ruling in favor of the town council’s passage of an ordinance on the court’s eventual closure.
The owner of a health and fitness center where a woman suffered a head injury while swimming must face the woman’s negligence-related claims, the Indiana Supreme Court ruled in finding the gym’s owner is not entitled to summary judgment.
Court of Appeals of Indiana
Emanuel Jamel England v. State of Indiana (mem. dec.)
23A-CR-1558
Criminal. Affirms the Hamilton Circuit Court’s order for Emanuel England to serve the remaining five years of his previously suspended sentence in the Indiana Department of Correction after he admitted to committing Level 5 felony robbery and consuming marijuana. Finds the trial court did not err by rejecting lesser sanctions or in selecting the most severe sanction for England’s probation violations.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
United States of America v. Byron Pierson
21-3248
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Byron Pierson’s conviction of one count of unlawful possession of a firearm by a felon. Finds the district court did not abuse its discretion in not holding an evidentiary hearing on the proffer letter or in allowing the government to present course-of-investigation evidence.
A man challenging the proffer letter he signed during plea negotiations before ultimately choosing to go to trial failed to convince the 7th Circuit Court of Appeals that he did not knowingly waive his rights in the initial agreement.
A financial company seeking bad debt deductions on defaulted contracts has won partial summary judgment at the Indiana Tax Court.
Court of Appeals of Indiana
Parimala Kumaresan v. Arul Anthony George (mem. dec.)
23A-DC-1304
Domestic relations with children. Affirms the Bartholomew Superior Court’s dissolution order awarding Parimala Kumaresan and Arul Anthony George joint legal custody of their two children and an equal division of the marital estate. Finds the trial court did not abuse its discretion in awarding joint legal custody of the children to the parents. Also finds the trial court did not abuse its discretion in finding the SBI bank account to be a vested interest or in valuing Kumaresan’s interest in the account as the full value of the account. Finally, finds the trial court did not abuse its discretion when it determined that an equal division was just and reasonable.
After the Indiana Supreme Court declined to answer a certified question, the 7th Circuit Court of Appeals vacated a man’s 15-year sentence after determining that the state’s 2002 definition of arson does not qualify as a crime of violence.
The following 7th Circuit Court of Appeals opinion was published after IL deadline on Tuesday:
United States of America v. Sergio Gamez
22-2278
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Jon E. DeGuilio.
Criminal. Vacates Sergio Gamez’s 15-year mandatory minimum federal sentence under the Armed Career Criminal Act for arson. Finds a conviction under Indiana’s 2002 arson statute does not constitute a “violent felony” within the meaning of 18 U.S.C. § 924(e), so Gamez’s arson conviction does not qualify as a crime of violence. Remands for resentencing.
Read Indiana appellate court decisions from the most recent reporting period.
Tuesday opinions
Indiana Supreme Court
Expert Builders, LLC v. Paul Vangundy
23S‐PL‐171
Civil plenary. Affirms the St. Joseph Superior Court’s default judgment for Paul Vangundy, due to Expert Pool Builders LLC not filing a timely response to Vangundy’s complaint. Finds nothing in the trial court’s decision is unlawful, illogical or unreasonable, and the default judgment did not come at the expense of professionalism, civility or common courtesy.
Court of Appeals of Indiana
Brandon Lee Kendall v. State of Indiana
23A-CR-1473
Criminal. Affirms Brandon Lee Kendall’s convictions for Level 6 felony identity deception. Finds that the crime of false informing is distinguishable from identity deception and thus there is no Article 1, Section 16 violation. Also finds the state presented evidence of a probative nature from which a reasonable trier of fact could find Kendall guilty of identity deception and it cannot state the state’s exhibit 2 was not relevant or that the probative value of the exhibit was substantially outweighed by the danger of unfair prejudice.
A Greenwood police detective sufficiently established probable cause for a search warrant for a man’s home where the man was suspected of downloading child pornography, the Court of Appeals of Indiana affirmed Friday.
A man’s appointed counsel agreed to the rescheduling of his trial beyond a 70-day deadline and did not raise an objection, so his right to a speedy trial was not violated, the Court of Appeals of Indiana affirmed Friday.
Court of Appeals of Indiana
Matthew A. Disbro v. City of Bedford (mem. dec.)
23A-PL-1454
Civil plenary. Affirms the Lawrence Circuit Court’s grant of the city of Bedford’s motion to dismiss a complaint filed by Matthew Disbro. Finds the trial court did not err when it dismissed Disbro’s complaint because he did not substantially comply with the Indiana Torts Claim Act, he failed to meet his burden on appeal to demonstrate that his public nuisance claim does not fall under the ITCA, and he failed to preserve any claim regarding the takings clause.
Court of Appeals of Indiana
Professional Construction Inc., and West Bend Mutual Insurance Company v. Historic Walnut Square LLC
23A-PL-654
Civil plenary. Reverses the Marion Superior Court’s denial of Professional Construction Inc. and West Bend Mutual Insurance Company’s motion to enforce an arbitration agreement and stay litigation in a lawsuit brought by Historic Walnut Square, LLC. Finds the trial court erred in determining that the contractor waived its right to demand arbitration and in refusing to stay the proceedings pending arbitration. Remands with instructions for the trial court to stay the litigation pending arbitration.
The following Indiana Tax Court opinion was published after Indiana Lawyer’s deadline Friday:
Muir Woods Section One Assn., Inc., Muir Woods, Inc., Spruce Knoll Homeowners Assoc., Inc., and Oakmont Homeowners Assoc., Inc. v. Marion County Assessor
22T-TA-1
Tax. Grants the Marion County Assessor’s motion to dismiss. Finds the Indiana Tax Court lacks subject matter jurisdiction to hear the appeal. Also finds the Muir Woods Section One Assn., Inc., Muir Woods, Inc., Spruce Knoll Homeowners Assn., Inc. and Oakmont Homeowners Assoc. initiated an appeal before they consummated the administrative review process and received a final determination from the Indiana Board of Tax Review. Remands the matter to the tax review board for action consistent with the opinion.
Court of Appeals of Indiana
Justin Mercer v. Maribel Vega-Jimenez (mem. dec.)
23A-DC-993
Domestic relations with children. Affirms the Newton Superior Court’s order granting Maribel Vega-Jimenez’s request to modify parenting time. Finds the trial court did not abuse its discretion because it implicitly found modification was in the children’s best interests when it indicated Vega-Jimenez met her burden to modify the parenting time schedule.
The Indiana Supreme Court denied transfer to 16 cases last week, splitting in the denial to one case involving a man whose convictions of sexual misconduct with a minor were overturned on double jeopardy grounds.
Court of Appeals of Indiana
Lake Imaging LLC v. Franciscan Alliance Inc. f/d/b/a Saint Margaret Mercy Health Care Centers
22A-CT-2783
Civil tort. Affirms the Johnson Superior Court’s summary judgment on remand in favor of Franciscan Alliance Inc. f/d/b/a Saint Margaret Mercy Health Care Centers on its claim from Lake Imaging’s contract to provide radiology services. Finds the trial court properly declined to apply the Professional Services Statute’s two-year statute of limitations period and properly entered summary judgment in favor of Franciscan on its indemnification claim.