A debt purchasing company was not substituted as the party of record or determined to be the plaintiff that owned a default judgment of $1,010 against an Ohio resident, the Court of Appeals of Indiana ruled Thursday in dismissing the appeal.
Indiana Supreme Court
Hoosier Contractors, LLC v. Sean Gardner
22S-CT-381
Civil tort. Reverses the denial of Hoosier Contractors LLC’s motion for summary judgment but affirms the denial of Sean Gardner’s motion for partial summary judgment. Finds Gardner did not prove he sustained any injury that would afford him standing to pursue his counterclaim against Hoosier Contractors. Remands with instructions to dismiss the counterclaim for lack of standing. Justice Christopher Goff concurs in the judgment with separate opinion, joined by Chief Justice Loretta Rush.
A man who objected to “literally anything” stemming from a warrantless search of his home didn’t argue the evidence presented at trial conflicted with evidence presented at a suppression hearing, so the trial court didn’t need to revisit the issue.
A district court correctly dismissed a complaint alleging an Indianapolis police officer violated a woman’s 14th Amendment rights when he struck and killed her while driving to work, the 7th Circuit Court of Appeals affirmed Tuesday.
The Indiana Supreme Court has ordered a trial court to dismiss a consumer’s counterclaim to a breach-of-contract suit brought by a contractor, finding the consumer did not prove he was actually injured by the contractor’s allegedly deceptive acts.
A man who attempted to use Indiana’s 2022 permitless carry law to defeat his carrying-without-a-license conviction failed to find relief at the Court of Appeals of Indiana, which agreed with the trial court that the 2022 law is not remedial or retroactive.
Read Indiana appellate court decisions from the most recent reporting period.
The U.S. Supreme Court struck down President Joe Biden’s proposed $400 billion student loan debt relief plan last month, citing the need for Congress to be on board for a federal initiative with such a significant price tag.
It’s only been a few weeks since the U.S. Supreme Court struck down affirmative action in college admissions, forcing universities and law schools to rethink how they can recruit and maintain diverse student bodies.
The Indiana Supreme Court waited until the last day of June to deliver one of its most highly anticipated opinions in recent years, vacating a preliminary injunction against the state’s near-total abortion ban and reinstating the law.
Last month, by a 7-2 decision, the United States Supreme Court ruled in favor of civil rights. The result of the suit is a win for nursing home residents and their families, as well as a win for civil rights.
A bank’s motion for summary judgment in a foreclosure action involving a Martin County property was erroneously denied, the Court of Appeals of Indiana ruled in a Tuesday reversal.
Court of Appeals of Indiana
U.S. Bank National Association as Trustee for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1998-7 v. Mary Sue Spencer and Phillip L. Spencer
22A-MF-2184
Mortgage foreclosure. Reverses the Martin Circuit Court’s denial of U.S. Bank’s motion for summary judgment in a foreclosure action against Mary and Phillip Spencer. Finds the trial court erroneously denied U.S. Bank’s motion for summary judgment. Remands with instructions to vacate the judgment, enter partial summary judgment in favor of U.S. Bank and conduct further proceedings consistent with the opinion.
A trial court didn’t err or violate a defendant’s Sixth Amendment rights in an attempted murder case when it denied his objection to a jury instruction and his request to cross-examine two people that allegedly used a racial slur in reference to him.
Court of Appeals of Indiana
Billy Gene Luke v. State of Indiana
23A-CR-50
Criminal. Affirms the Dearborn Circuit Court’s order prohibiting Billy Luke from proceeding pro se. Finds the trial court’s conclusion is supported by the record.
Court of Appeals of Indiana
Bret S. Booher v. Atlas Services, Inc. (mem. dec.)
22A-CC-2301
Civil collections. Affirms the Grant Superior Court’s judgment in favor of Atlas Services for $5,124. Finds Bret Booher’s wife had apparent authority to authorize work on a rental property that was titled only in Bret’s name.
Addressing for the second time the case of a Roncalli High School counselor who was fired for being in a same-sex marriage, the 7th Circuit has again upheld judgment for the Catholic school and the Archdiocese of Indianapolis under the ministerial exception.
Court of Appeals of Indiana
Heidi Marie Littlefield v. State of Indiana
22A-CR-2895
Criminal. Affirms Heidi Littlefield’s convictions of murder, Level 1 felony conspiracy to commit murder and Level 2 felony conspiracy to commit murder, as well as her 115-year aggregate sentence. Finds the evidence was sufficient to support Littlefield’s murder conviction. Also finds there is no double jeopardy violation as to Littlefield’s convictions for both murder and conspiracy to commit murder. Finally, find Littlefield’s sentence is not inappropriate in light of the nature of the offenses or her character.
A man who was overpaid unemployment benefits doesn’t meet the statutory requirements to receive a waiver of repayment, the Court of Appeals of Indiana has ruled in affirming a review board’s decision.
A woman found guilty of killing her ex-boyfriend by poisoning his oatmeal and strangling him failed to convince the Court of Appeals of Indiana that her murder conviction should be tossed or that her 100-plus-year sentence is inappropriate.