Court of Appeals of Indiana
Frank Garber v. Robert Blair (mem. dec.)
23A-CT-953
Civil tort. Affirms the judgment in favor of Frank Garber on his counterclaim against Robert Blair in which Garber sought to foreclose on Blair’s mortgage and recover damages for breach of contract. Finds Garber has not shown any error in the Kosciusko Circuit Court awarding him $100,200 plus $5,000 in attorney fees.
A federal judge has denied a benched girls basketball player’s request for a preliminary injunction against her coach and school district, determining the teen’s alleged harms are “slight, speculative, and economic.”
A couple alleging fraudulent misrepresentation in their purchase of a home has failed to convince the Court of Appeals of Indiana that the jury was improperly instructed or that the verdict in favor of the sellers was not supported by the evidence.
Indiana Supreme Court
State of Indiana v. $2,435 in United States Currency and Alucious Q. Kizer
23S-CR-72
Criminal. Affirms the Allen Circuit Court’s order vacating its previous order granting the state’s motion to strike Alucious Kizer’s demand for a jury trial. Finds a claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury. Remands for a jury trial.
Addressing a child support dispute for the second time on appeal, the Court of Appeals of Indiana has rejected a father’s argument that his disabled daughter’s disability benefits should be used to offset his child support obligation.
A trial court did not err in issuing a turnover order to obtain assets in a case involving millions of dollars in promissory notes, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
Defendants to civil forfeiture actions have a constitutional right to trial by jury in Indiana, the state Supreme Court has ruled.
The state of Indiana isn’t entitled to immunity in a case involving a woman who was paralyzed after stopping at the scene of an accident on a highway, the Court of Appeals of Indiana has affirmed.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.