Court of Appeals of Indiana
Jose Luis Lopez Interiano v. State of Indiana (mem. dec.)
23A-CR-1557
Criminal. Affirms Jose Luis Lopez Interiano’s conviction of Class C misdemeanor operating a vehicle while intoxicated. Finds the state presented sufficient evidence of Interiano’s impairment at the time he was operating the vehicle.
A Richmond bank’s mortgage interest, in its entirety, takes priority in a complex land project case involving multiple developers, contractors and the city of Westfield, the Court of Appeals of Indiana ruled Friday.
A trial court must consider the discovery objections lodged by a company that leases space to an adult theater in Clarksville after the Court of Appeals of Indiana overturned a contempt ruling against the company.
Court of Appeals of Indiana
AMW Investments, Inc. et al. v. The Town of Clarksville, et al.
23A-PL-508
Civil plenary. Reverses the order finding AMW Investments Inc. in contempt of an order compelling discovery responses. Finds AMW’s supplemental discovery responses, including objections, were timely submitted. Also finds the Clark Circuit Court erred when it refused to consider the objections contained in AMW’s first supplemental discovery responses. Remands with instructions to consider those objections. Judge Paul Felix concurs in result with separate opinion.
The Indiana Supreme Court has agreed to hear a case in which a defendant is challenging the admission of drug-related evidence that he says was illegally obtained.
Court of Appeals of Indiana
Michael Puchowski v. Tamara Wade (mem. dec.)
23A-EV-321
Evictions. Affirms the denial of recovery for Michael Puchowski for claimed property damages after he was awarded a $1,505 judgment against his former tenant. Finds Puchowski waived his arguments by failing to comply with appellate rules, so he has not shown prima facie error.
Court of Appeals of Indiana
In re the Adoption of A.J.T.: F.G. v. D.K. and W.K. (mem. dec.)
23A-AD-1902
Adoption. Affirms the St. Joseph Probate Court’s grant of D.K. and W.K.’s petition to adopt A.J.T. Finds the probate court did not abuse its discretion in dispensing with father F.G.’s consent requirement.
Read Indiana appellate court decisions from the most recent reporting period.
Court of Appeals of Indiana
James Joseph Zentko v. Cassandra Lynn Zentko (mem. dec.)
23A-DR-1455
Domestic relations. Affirms the Clay Superior Court’s order modifying James Zentko’s obligation to pay college expenses for his child, J.D.Z. Finds the trial court did not err when it modified Zentko’s post-secondary educational expenses obligation to cover the child’s enrollment at Illinois Eastern Community Colleges at Olney. Also finds the trial court did not abuse its discretion when it found the father in contempt and ordered him to pay a portion of mother’s attorney’s fees.
Despite obvious disdain for the disparities, a federal judge has ruled in favor of the state on a lawsuit alleging the process of judicial selection — rather than election — in Lake County is discriminatory and unconstitutional.
The following 7th Circuit Court of Appeals opinion was published after IL’s deadline Friday:
United States of America v. David Hueston
23-1057
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly A. Brady.
Criminal. Affirms the judgment of the U.S. District Court for the Northern District of Indiana in its denial of a motion to suppress evidence. Finds the district court reasonably found the detectives’ testimony was credible and because the good-faith exception applied, it correctly denied David Hueston’s motion to suppress evidence. Also finds Hueston failed to present evidence that the issuing judge was not acting in a neutral and detached way.
Court of Appeals of Indiana
Thomas Stone v. State of Indiana
23A-CR-625
Criminal. Affirms Thomas Stone’s convictions of three counts of Level 3 felony rape. Finds that for two of Stone’s rape convictions, as neither is included in the other, they do not constitute violations of double jeopardy principles.
Court of Appeals of Indiana
In Re: The Paternity of V.D.; Brittney Kozenko (Mother) v. Isaac Diaz (Father)
23A-JP-688
Juvenile paternity. Affirms the portion of the Carroll Circuit Court’s order denying mother Brittney Kozenko’s request to relocate to Utah with the parties’ child, but reverses the grant of primary physical custody to father Isaac Diaz. Finds sufficient evidence was presented to support the determination that relocation was not in the child’s best interests. Also finds the trial court clearly erred when it awarded primary physical custody to father. Remands with instructions to enter an order that reflects the trial court’s reconsideration and clarification of that issue and includes a determination regarding what physical custody award is in child’s best interests.
The Indiana Toll Road’s lease established it as a publicly maintained road for the 2016 and 2017 tax years, the Indiana Tax Court ruled Wednesday in denying three motor carriers’ claims that they should be awarded motor fuel tax refunds for those years.
While a mother cannot relocate to Utah with her child, the trial court erred in awarding primary physical custody of the child to the father, the Court of Appeals of Indiana ruled Thursday, penning a rebuke of the trial judge’s commentary.
A mother who appealed the denial of her requests to relocate to Utah with her child has failed to convince the Court of Appeals of Indiana that the trial court erred in its custody determinations.
Court of Appeals of Indiana
Jeremy W. Kelly v. State of Indiana
23A-CR-1805
Criminal. Affirms Jeremy W. Kelly’s conviction of Level 2 felony voluntary manslaughter. Finds the Jay Circuit Court did not abuse its discretion when it refused to grant an attorney’s motion to withdraw on the morning of the sentencing hearing.
A man’s displeasure with his appointed counsel in a manslaughter case did not require a trial court to replace the public defender the morning of a sentencing hearing, the Court of Appeals of Indiana affirmed Wednesday.
Indiana Supreme Court
Jennifer Pennington and Joshua Pennington v. Memorial Hospital of South Bend, Inc., d/b/a Beacon Health and Fitness, Spear Corporation, and Panzica Building Corporation
23S-CT-182
Civil tort. Affirms the St. Joseph Superior Court’s summary judgment order for Spear Corporation and Panzica Building Corporation. Reverses summary judgment for Beacon Health and Fitness. Finds Beacon was not entitled to summary judgment on any count, except as to the count regarding the single issue of the level of the water. Also finds some evidence that the risk of harm was foreseeable regarding the injury suffered by Jennifer Pennington, who collided with the corner of a swimming pool wall. Finally, finds the plaintiffs designated no admissible evidence that Spear or Panzica breached their professional duty of care. Remands for trial on all the claims against Beacon.
A woman with intellectual disabilities whose sentence for child molesting was already cut in half failed in her bid to convince the Court of Appeals of Indiana that she was entitled to post-conviction relief.