Court opinions - The Indiana Lawyer

Opinions Aug. 11, 2023

August 11, 2023

Court of Appeals of Indiana
L.T. Garrett v. Nissan of Lafayette, LLC
22A-CT-2583
Civil tort. Reverses the Bartholomew Circuit Court’s grant of summary judgment in favor of Nissan of Lafayette. Orders the trial court to vacate that judgment. Rejects Nissan of Lafayette’s cross-appeal contending that the trial court erred when it declined to rule that a set of requests for admission should be deemed admitted. Finds the designated evidence is insufficient to allow the trial court to conclude that Garrett’s reliance on the verbal representations of the dealership was unreasonable as a matter of law. Remands the case for further proceedings.

Man’s argument that judge in PCR case will be biased falls short, COA affirms

August 11, 2023 | Tyler Fenwick

A man whose motions to change the judge in his post-conviction relief case have been denied failed to demonstrate the judge would be biased against him, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.

Neighbor awarded summary judgment on nuisance claim entitled to attorney fees, COA rules

August 11, 2023 | Alexa Shrake

The Court of Appeals of Indiana has ordered a trial court to award attorney fees to a woman who successfully fought her neighbor’s nuisance claim.

Justices say St. Joe probate judge’s misconduct appeared ‘willful’

August 11, 2023 | Olivia Covington

One week after issuing an order suspending St. Joseph Probate Judge Jason A. Cichowicz for 45 days, the Indiana Supreme Court has issued an opinion explaining its rationale, writing that the judge’s misconduct seemed to be “willful.”

COA upholds admission of gun found on juvenile

August 11, 2023 | Alexa Shrake

A trial court did not err in admitting evidence seized as a result of a stop and pat-down of a juvenile, the Court of Appeals of Indiana has affirmed.

Fraud case against car dealership should have survived summary judgment, COA rules in reversal

August 11, 2023 | Tyler Fenwick

A man who claims a dealership told him the engine in his truck was under warranty when it really wasn’t should be able to take his case before a jury, the Court of Appeals of Indiana ruled in reversing a trial court’s grant of summary judgment.

7th Circuit certifies question of what constitutes ‘arson’ to IN Supreme Court, stays appeal challenging enhanced sentence for felon-in-possession conviction

August 10, 2023 | Alexa Shrake

The 7^th Circuit Court of Appeals is asking the Indiana Supreme Court to provide guidance on what constitutes “arson” under state law.

7th Circuit affirms sentence enhancement based on 3 prior IN burglaries

August 10, 2023 | Alexa Shrake

A district court properly imposed an enhanced sentence on a man convicted of being a felon in possession of a firearm because his three prior burglary convictions in Indiana qualified him for the enhancement, the 7^th Circuit Court of Appeals ruled Thursday.

Opinions Aug. 10, 2023

August 10, 2023

7^Th Circuit Court of Appeals
United States of America v. Paul Erlinger
22-1926
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Paul Erlinger’s sentence to 15 years for illegally possessing a firearm. Finds there is no basis to hold that the Indiana burglary statute no longer qualifies for an enhanced sentence mandated by the Armed Career Criminal Act. Also finds that a preponderance of the evidence shows Erlinger’s offenses were committed on separate occasions.

Despite pleading to charge that was beyond statute of limitations, defendant finds no relief at 7th Circuit

August 9, 2023 | Alexa Shrake

A man who unknowingly pleaded guilty to a charge for which the statute of limitations had run has failed to secure habeas relief at the 7^th Circuit Court of Appeals after also failing to secure post-conviction relief in the state courts.

Opinions Aug. 9, 2023

August 9, 2023

Court of Appeals of Indiana
David W. Helvey v. State of Indiana (mem. dec.)
23A-CR-299
Criminal. Affirms David Helvey’s aggregate 20-month sentence for Level 6 felony intimidation and four counts of Class A misdemeanor intimidation. Finds Helvey’s sentence is not inappropriate in light of the nature of the offenses and his character.

7th Circuit affirms ruling for tech company in employment fraud case

August 9, 2023 | Daniel Carson

A woman who sued her ex-employer for fraud after her position was eliminated the day she started work cannot add a new fraud claim to her amended complaint, the 7th Circuit Court of Appeals has affirmed.

Federal judge dismisses most claims in lawsuit stemming from sewage leak

August 9, 2023 | Daniel Carson

A federal judge has granted most of a property owners association’s motions for judgment and dismissed with prejudice multiple damage-related claims in a civil lawsuit stemming from a 2015 sewage leak caused by a faulty lift station.

7th Circuit upholds convictions, sentences in scheme to defraud SBA

August 8, 2023 | Tyler Fenwick

The 7th Circuit Court of Appeals upheld the convictions and sentences for five people who took part in a scheme to defraud the Small Business Administration, with the exception of a clerical error in a supervised release condition for one of the defendants.

Dealing resulting in death conviction upheld after COA upholds admission of texts from victim’s phone

August 8, 2023 | Alexa Shrake

The Court of Appeals of Indiana has affirmed a man’s conviction for dealing resulting in death, finding the trial court didn’t abuse its discretion in admitting text messages from the victim’s phone as evidence.

COA affirms order upholding mental health commitment

August 8, 2023 | Daniel Carson

The Court of Appeals of Indiana affirmed a trial court’s denial of a man’s petition challenging his continued confinement at a mental health facility, finding the evidence showed the man remained dangerous to himself and others.

COA orders new trial after finding ‘evidentiary harpoon’ placed defendant in peril

August 8, 2023 | Daniel Carson

A trial court abused its discretion by not granting a man’s request for a mistrial based on an “evidentiary harpoon,” the Court of Appeals of Indiana ruled in a Tuesday reversal.

Tax Court upholds higher assessments after untimely challenges

August 8, 2023 | Olivia Covington

After a series of back-and-forth decisions, a higher assessment will remain in place for land owned by a Bartholomew County couple whose challenge to that higher assessment for two tax years was untimely.

Opinions Aug. 8, 2023

August 8, 2023

Court of Appeals of Indiana
Kurt Russell v. State of Indiana
22A-CR-2299
Criminal. Affirms Kurt Russell’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the Boone Superior Court did not abuse its discretion when it admitted evidence extracted from a phone other than the one found on the counter near Maxwell Timbrook’s body because the content of both phones were the same given that they were linked to the same iCloud account. Also find the state presented sufficient evidence that Russell delivered fentanyl to Timbrook, and he died ingesting the fentanyl.

Hospital employee loses appeal of summary judgment for ex-employer over denied COVID mask accommodations

August 7, 2023 | Alexa Shrake

A hospital director who claimed she couldn’t wear a mask to work during COVID due to her anxiety failed to convince the 7th Circuit Court of Appeals that her discrimination and retaliation claims against her former employer should be revived.

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