Woman in divorce case can’t relocate with her child to San Diego, COA affirms
A mother whose request to relocate to California with her minor child was denied has failed in her bid for relief from the Court of Appeals of Indiana.
Court opinions
Articles
Collateral consequences doctrine doesn’t apply to moot involuntary commitment appeal, COA rules in dismissal
The Court of Appeals has dismissed as moot the appeal of a woman’s involuntary commitment, determining the collateral consequences doctrine does not apply in her case.
Speedway immune from lawsuit filed after police dog bit delivery driver
The town of Speedway is immune from a lawsuit filed by a delivery driver who was bitten by a town K-9 officer, the Court of Appeals of Indiana has affirmed.
Opinions Oct. 30, 2023
Court of Appeals of Indiana
Jennifer L. Dean v. State of Indiana
22A-CR-2104
Criminal. Affirms Jennifer Dean’s conviction of felony murder and her 60-year sentence. Finds the Carroll Circuit Court’s remark endorsing an 80% certainty as a description of the reasonable doubt standard was improper but does not rise to the level of fundamental error. Also finds sufficient evidence supports Dean’s conviction. Finally, finds her sentence is not inappropriate.
COA reverses drug convictions because arresting officer wasn’t in ‘distinctive’ uniform
The Court of Appeals of Indiana has ordered the reversal of a man’s drug-related convictions after determining that the officer who arrested him was not wearing a “distinctive” uniform, making the underlying traffic stop invalid.
Opinions Oct. 27, 2023
Court of Appeals of Indiana
Louis J. Kalozi v. State of Indiana
22A-CR-2797
Criminal. Affirms the Lake Superior Court’s denial of Louis Kalozi’s motion to dismiss two counts of sexual misconduct with a minor. Finds Indiana’s double jeopardy statute does not bar Kalozi’s state prosecution, even though he pleaded guilty in his federal case and received a 15-year aggregate sentence. Remands for further proceedings.
Opinions Oct. 26, 2023
Court of Appeals of Indiana
D.M. v. State of Indiana
23A-JV-395
Juvenile. Reverses D.M.’s adjudication as a delinquent child for dangerous possession of a firearm. Affirms D.M.’s adjudications for possession of a firearm on school property and criminal recklessness. Finds the adjudications for possession of a firearm on school property and dangerous possession of a firearm constitute double jeopardy. Also finds the state presented sufficient evidence to support the adjudication for criminal recklessness. Remands with instructions to vacate the dangerous possession adjudication. Judge L. Mark Bailey concurs in result with separate opinion.
2 aggravated battery convictions related to judges’ 2019 shooting overturned, but defendant’s self-defense, fundamental error claims rejected on appeal
The man convicted of aggravated battery and other charges in connection with the 2019 shooting of two Indiana judges will see two of his aggravated battery convictions overturned for a double jeopardy violation, although his other convictions were upheld.
Man loses appeal of murder conviction in shooting death of Southport Police Lt. Allan
The man convicted of killing Southport Police Lt. Aaron Allan has lost his arguments on appeal that due process violations and insufficient evidence undercut his murder conviction.
COA overturns dangerous possession delinquency adjudication on double jeopardy grounds; panel disagrees on Wadle analysis
A dangerous-possession-of-a-firearm delinquency adjudication has been overturned on double jeopardy grounds, but the Court of Appeals of Indiana also upheld the juvenile’s criminal recklessness adjudication.
Opinions Oct. 25, 2023
Court of Appeals of Indiana
Donald K. Ingram v. State of Indiana (mem. dec.)
23A-CR-838
Criminal. Affirms Donald Ingram’s Level 4 felony child molesting conviction and 12-year sentence in Morgan Superior Court. Finds the state presented sufficient evidence beyond a reasonable doubt to support Ingram’s conviction. Also finds his sentence is not inappropriate in light of the nature of the offense and his character.
IN Supreme Court: Credit union member’s silence on proposed agreement addendum did not constitute acceptance
A woman who filed a class-action complaint against a credit union didn’t accept an addendum to an agreement that would have forced arbitration, a split Indiana Supreme Court has ruled in reversing a trial court’s decision.
‘It’s 2023, for heaven’s sake’: 7th Circuit orders district court to consider reasonableness of wheelchair-accessible ramp at Shelbyville Post Office
A woman in a wheelchair fighting for a ramp at her local post office will be able to make her argument in court after the 7th Circuit Court of Appeals vacated summary judgment for the United States Postal Service, which so far has refused to build the ramp.
Survey finds US abortions rose slightly overall after new restrictions started in some states
The total number of abortions provided in the U.S. rose slightly in the 12 months after states began implementing bans on them throughout pregnancy, a new survey finds.
Indiana Court Decisions: Oct. 5-18, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Opinions Oct. 24, 2023
Court of Appeals of Indiana
In Re: The Termination of the Parent-Child Relationship of C.C. and De.C. (Minor Children); D.C. (Mother) v. The Indiana Department of Child Services, and Kids’ Voice of Indiana
23A-JT-848
Juvenile termination of parental rights. Reverses the Marion Superior Court’s orders terminating D.C.’s parental relationships with her children. Finds the orders terminating the mother’s parental rights were void for lack of personal jurisdiction because the Indiana Department of Child Services did not properly serve the mother. Remands for further proceedings.
Termination of mother’s rights reversed for insufficient service
Orders terminating a mother’s parental rights were void for lack of personal jurisdiction because the Indiana Department of Child Services didn’t properly serve the mother, the Court of Appeals of Indiana has ruled.
COA again declines to order recusal of Elkhart Co. judge in post-conviction proceedings
The Court of Appeals of Indiana has once again declined to order an Elkhart County judge to recuse herself from a post-conviction case based on allegations of prejudice stemming from previous wrongful-conviction proceedings.
Opinions Oct. 23, 2023
Court of Appeals of Indiana
Richard Dolsen Jr. v. VeoRide Inc.
23A-CT-945
Civil tort. Reverses the Allen Superior Court’s entry of summary judgment in VeoRide’s favor. Finds that genuine issues of material fact exist regarding whether VeoRide’s failure to warn Richard Dolsen of the condition and the risk involved was a breach of duty and a failure to exercise reasonable care under the circumstances pursuant to Restatement Section 342(b). Remands for further proceedings.
Justices order new sentencing hearing for man hospitalized on sentencing date
A man whose child molesting sentence was handed down while he was in the hospital did not waive his right to be present at sentencing, the Indiana Supreme Court ruled Thursday in vacating the sentence and ordering a new hearing.