Admitted evidence won’t be suppressed in OWI case, COA affirms
The Indiana Court of Appeals affirmed the denial of a Columbus woman’s motion to suppress evidence admitted related to her driving while intoxicated charges.
Court opinions
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Attorney convicted of cocaine charge suspended 3 years
A Marion attorney already under interim and administrative suspensions has been suspended from the practice of law for at least three years for professional misconduct, including her continual abuse of cocaine.
Judge: Indy deputy used excessive force ‘sadistically and maliciously’
A Marion County sheriff’s deputy used excessive force against a former jail inmate “sadistically and maliciously,” a federal judge determined, ruling in favor of the inmate and ordering a determination of damages he is owed.
Judge: Race, age discrimination claims against Amazon may proceed
An age and race discrimination case against online shopping giant Amazon will proceed after a district judge in Indianapolis partially declined to dismiss claims brought by a former employee.
7th Circuit affirms sanctions in Indy photo copyright dispute
The 7th Circuit Court of Appeals has affirmed the imposition of sanctions against an attorney for filing a frivolous and misleading motion against another attorney who claims his copyrighted photo of the Indianapolis skyline was used without permission by the defendant’s client.
COA upholds grant of treble damages, denial of liability
The Indiana Court of Appeals has affirmed the award of more than $56,000 in treble damages to a senior woman deprived of a written contract by a remodeling company while also finding the men who owned the company conducting the work were not personally liable to her.
Man’s misdemeanor resisting conviction overturned under continuous crime doctrine
The Indiana Court of Appeals has partially reversed a man’s two convictions for resisting law enforcement after finding both of the convictions cannot stand under the continuous crime doctrine.
Expired handgun permit not ‘misuse’ of firearm, COA says
A divided panel of the Indiana Court of Appeals has reversed an order to destroy a man’s handgun, finding the man did not misuse the firearm, despite his expired permit.
COA upholds denial of pro se rights to ‘sovereign citizen’
The Indiana Court of Appeals has affirmed the termination of a man’s self-representation after determining he engaged in deliberately obstructive behavior that threatened to undermine the proceedings of his case by claiming to be a "sovereign citizen."
Indiana Court decisions – Oct. 25-Nov. 7, 2018
Read Indiana appellate decisions from the most recent reporting period.
Felony advisory sentence doesn’t require sentencing statement, COA rules
A man arguing that a trial court abused its discretion in imposing an advisory sentence without issuing a statement lost his case when the Indiana Court of Appeals found that under Indiana code, courts are not required to issue statements for advisory felony sentences.
COA affirms denial of Kroger sales tax fraud claim
The Indiana Court of Appeals has affirmed the denial of a man’s fraud complaint against several grocery stores after finding his claims did not meet the specificity requirements of Indiana Trial Rule 9(B).
Judge lets Tippecanoe Right to Life free speech case proceed
A Tippecanoe County anti-abortion group’s free speech lawsuit against the local public transportation company will continue after a district court judge denied Greater Lafayette Public Transportation Corporation’s motion for judgment on the pleadings.
7th Circuit upholds denial of qualified immunity for officer who shot truck driver
The 7th Circuit Court of Appeals has upheld the denial of summary judgment to a police officer who shot a truck driver during a fight over parking tickets, finding the record does not demonstrate that the officer was entitled to qualified immunity, making a trial necessary.
COA: ‘Irritated’ judge must make immigration findings
A trial court judge who refused to make federal findings regarding a minor litigant’s immigration status because he was “irritated” by having to deal with federal law must now consider the immigration questions after the Indiana Court of Appeals found the judge’s refusal was erroneous.
COA: Sisters separated from mother, brothers is in best interests
The Indiana Court of Appeals affirmed a trial court termination of parental rights in a “most unusual circumstance” when it found the separation of two minor daughters from their brothers and mother was in the girls’ best interests.
Reversal: Officer’s suit reinstated, bond requirement ambiguous
The Indiana Court of Appeals reversed a trial court’s grant of summary judgment to a Northeastern Indiana city when it found the lower court failed to fix a bond amount for a disciplined police officer by the time of judgment.
Appeals court splits over ‘manifest injustice’ in resentencing
The majority of an Indiana Court of Appeals panel reversed the resentencing of a burglar who was serving an out-of-state sentence, holding that a harsher sentence that was imposed on a prior remand was a manifest injustice. But a dissenting judge wrote that the offender’s victims would suffer a greater injustice if the sentence is reduced.
Divided justices deny child murderer death penalty relief
The Indiana Supreme Court has upheld the denial of post-conviction relief for a convicted child murderer and arsonist sentenced to death, finding that while the man’s counsel did make mistakes, those mistakes did not rise to the Strickland level of deficient performance. However, Chief Justice Loretta Rush dissented and would have allowed the case to proceed to a new penalty phase.
Appellate court says preferred venue statute is void
The Indiana Court of Appeals has held that a statute concerning preferred venue in corporate lawsuits is void because it conflicts with an Indiana Supreme Court-adopted trial rule. The appellate court’s ruling upheld the denial of a change of venue motion in a medical malpractice case based on the statute being a nullity.