An Indianapolis attorney will serve a 30-day suspension with automatic reinstatement in the new year after she impermissibly communicated with a represented litigant and made false statements to the court about that communication.
A trial court did not err in denying a pedestrian’s motion to compel cellphone evidence in his suit against the woman who struck him with her car, the Court of Appeals of Indiana affirmed Tuesday.
Court of Appeals of Indiana
Charles Jennings v. Jessica A. Smiley and Progressive Southeastern Insurance Company
23A-CT-303
Civil tort. Affirms the jury verdict finding Charles Jennings 99% at fault and Jessica Smiley 10% at fault after Smiley struck Jennings with her car while he was crossing the street, and the subsequent judgment in favor of Smiley. Finds the Hamilton Superior Court did not abuse its discretion in denying Jennings’ motion to compel.
Court of Appeals of Indiana
Thomas Owens v. State of Indiana
23A-CR-985
Criminal. Affirms Thomas Owen’s conviction of Level 5 felony battery by means of a deadly weapon. Finds the Marion Superior Court didn’t err in denying Owen’s motion to supplement the record. Also finds the trial court properly instructed the jury on elements of the charge and the state presented sufficient evidence of the victim’s identity and the use of a deadly weapon.
Court of Appeals of Indiana
Mark A. Goodlett v. Town of Clarksville and Town of Clarksville Fire Department (mem. dec.)
23A-CT-460
Civil tort. Affirms the Town of Clarksville Board of Police and Fire Commissioners’ decision to terminate Mark A. Goodlett. Finds the board properly exercised its authority under Indiana Code § 36-8-3-4 and the departments general orders, so its decision to terminate Goodlett for neglect of duty, immoral conduct, conduct unbecoming an officer, violations of department rules and breaches of discipline was not arbitrary and capricious and did not otherwise violate Goodlett’s due process rights.
A Bartholomew County property owner timely filed an appeal of their 2018 land assessment, but the Indiana Board of Tax Review’s order to not change the property’s assessed value should stand, the Indiana Tax Court affirmed Wednesday.
7th Circuit Court of Appeals
Heather Tutwiler v. Kilolo Kijakazi, Acting Commissioner of Social Security
22-2808
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge William C. Lee.
Civil. Affirms the district court’s order affirming the denial of benefits for Heather Tutwiler. Finds the administrative law judge’s decision was supported by substantial evidence and was not otherwise contrary to law.
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.