While an administrative law judge might have erred in his analysis of some factors in rejecting a woman’s disability benefits application, “enough” of his analysis supported his ruling, the 7th Circuit Court of Appeals ruled in affirming the benefits denial.
Returning to the Court of Appeals of Indiana for the third time, a couple operating a shooting range on their property without the proper permitting failed to find relief from an order in favor of the local planning commission.
Court of Appeals of Indiana
De’Torio Ty Lurentus Berneard Fleming v. State of Indiana (mem. dec.)
22A-CR-2741
Criminal. Affirms De’Torio Ty Lurentus Berneard Fleming’s convictions of felony murder and Level 3 felony armed robbery and his aggregate 64-year sentence. Finds the Madison Circuit Court did not abuse its discretion when it admitted a photograph of Fleming’s hands taken during the trial into evidence. Also finds the trial court did not abuse its discretion when it sentenced Fleming.
Read Indiana appellate court decisions from the most recent reporting period.
Court of Appeals of Indiana
Joseph Marcel Odom v. State of Indiana (mem. dec.)
23A-CR-293
Criminal. Affirms Joseph Marcel Odom’s convictions for Level 2 felony conspiracy to commit dealing in methamphetamine, Level 6 felony obstruction of justice and Class B misdemeanor false informing and his sentence of 28 years. Finds Odom has failed to establish that his sentence is inappropriate in light of his demonstrably poor character. Also finds no abuse of discretion from the Tippecanoe Circuit Court in instructing the jury on conspiracy charge and that his obstruction conviction was supported by sufficient evidence.
A landlord’s appeal of a small claims judgment against him was “permeated with procedural bad faith,” the Court of Appeals of Indiana ruled Monday in affirming the lower court’s decision.
Court of Appeals of Indiana
Charles Andrew Wenner v. Gehrid Hensley, et al.
23A-SC-973
Small claims. Affirms the small claims judgment in Monroe Circuit Court issued against landlord Charles Andrew Wenner and in favor of tenants Hayen Johnson, Gehrid Hensley and Quinn Kaise. Remands for a determination of appellate attorney fees to be awarded to tenants. Finds Wenner’s procedural bad faith in his appeal rises to the level of egregiousness for which appellate attorney fees are warranted.
Court of Appeals of Indiana
Austin J. Hollifield v. State of Indiana (mem. dec.)
23A-CR-1014
Criminal. Affirms Austin Hollifield’s conviction of Level 4 felony possession of a firearm by a serious violent felon, his habitual offender enhancement and his 20-year enhanced sentence. Finds the admission of a video was not error. Also finds Hollifield’s sentence is not inappropriate.
Court of Appeals of Indiana
Ji J. Lian v. Health and Hospital Corporation of Marion County (mem. dec.)
22A-OV-2758
Ordinance violation. Affirms the orders requiring Ji Jing Lian to remedy the various health code violations on the interior and exterior portions of her property by a certain date and, in the event she did not comply, ordering the Health and Hospital Corporation of Marion County and/or its contractors to vacate the premises and clean up the exterior, with a resulting lien for the costs incurred. Finds Lian did not raise her Fourth Amendment argument in the Marion Superior Court, so she cannot pursue it on appeal.
The grant of sole legal custody of a child to the mother and an order for the father’s parenting time to be supervised were not erroneous, the Court of Appeals of Indiana ruled Wednesday.
Court of Appeals of Indiana
A.W. v. State of Indiana
23A-JV-1609
Juvenile. Affirms the denial of A.W.’s motion for relief from judgment pursuant to Indiana Trial Rules 60(B)(6) and (8) without an evidentiary hearing. Finds the Elkhart Circuit Court did not abuse its discretion and was not required to conduct an evidentiary hearing.
The Court of Appeals of Indiana declined to reverse a man’s firearm-related convictions, determining that his challenges to the admission of evidence failed.
A factfinding hearing must be held regarding the state’s removal of a billboard sign along U.S. 31 before a trial court can decide if a taking occurred or enter an order of appropriation, the Court of Appeals of Indiana ruled Wednesday.
A Muncie bar fight was not foreseeable, the Court of Appeals of Indiana has ruled in reversing the denial of summary judgment to the bar’s current and former owner.
A trial court properly denied a juvenile’s motion for relief from judgment on two delinquencies adjudications that he admitted to, the Court of Appeals of Indiana has affirmed.
A man challenging the denial of his bond reduction motion cannot pursue a belated appeal under Post-Conviction Rule 2, the Court of Appeals of Indiana ruled Wednesday, finding no “extraordinarily compelling reasons” to reinstate his forfeited appeal.
A mother’s abandonment of her children five years ago does not mean the children’s grandparents should get custody, a split Court of Appeals of Indiana has ruled.
Indiana Supreme Court precedent holding that damages associated with traffic flow variations are not compensable is controlling in a case where the state seized a parcel of land in Johnson County for the I-69 project, the Court of Appeals of Indiana ruled.
A provider cannot yet appeal a ruling in a medical malpractice complaint against him because the ruling at issue was not a final judgment, the Court of Appeals of Indiana ruled in a Tuesday dismissal.
Court of Appeals of Indiana
Anonymous Provider 2 v. Estate of Ryan K. Askew, by Fornetta Askew, Personal Representative
23A-CT-992
Civil tort. Dismisses Anonymous Provider 2’s appeal of the denial of his motion to dismiss under Indiana Trial Rule 12(B)(1). Finds Anonymous Provider 2 is appealing from an interlocutory order, but he does not assert the right to do so under Appellate Rule 14(A), there is no indication he sought certification from the Lake Superior Court or permission from the Court of Appeals to file a discretionary interlocutory appeal, and he has not stated a statutory right to appeal. Remands for further proceedings.