COA upholds admission of gun found on juvenile
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.
Court opinions
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Fraud case against car dealership should have survived summary judgment, COA rules in reversal
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
The 7th 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
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 7th Circuit Court of Appeals ruled Thursday.
Opinions Aug. 10, 2023
7Th 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
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 7th Circuit Court of Appeals after also failing to secure post-conviction relief in the state courts.
Opinions Aug. 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
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
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
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
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
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
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
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
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
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.
COA declines to address fundamental error claims because woman explicitly said she had no objection to evidentiary admissions
In an opinion covering less than two pages, the Court of Appeals of Indiana summarily affirmed a woman’s drug-related convictions, finding she could not challenge the admission of evidence because she explicitly stated at trial that she did not object.
Opinions Aug. 7, 2023
7th Circuit Court of Appeals
Anna Kinney v. St. Mary’s Health, Inc., doing business as St. Vincent Evansville
22-2740
Appeal from the U.S. District Court for the Southern District of Indiana, Evansville Division.
Senior Judge Richard L. Young.
Civil. Affirms the grant of summary judgment to St. Mary’s Health Inc. on Anna Kinney’s Americans with Disabilities Act and Title VII claims. Finds no reasonable juror could find that Kinney could perform certain essential functions of her job without being present in the radiology department that she oversaw, so she was not a qualified individual for the job under the ADA, and even if she had been, the accommodation she requested was not reasonable. Also finds Kinney’s resignation was not a constructive discharge. Finally, regarding promotions Kinney applied for but did not receive, her claims did not show genuine issues of material fact.
‘Special condition’ prohibiting mental health patient from consuming alcohol, drugs during outpatient treatment not supported by evidence, COA rules in partial reversal
Agreeing to consider a mental health commitment case despite the patient’s release, a split Court of Appeals of Indiana has reversed the imposition of a special condition prohibiting the patient from consuming alcohol or drugs during his outpatient treatment.
Opinions Aug. 4, 2023
Court of Appeals of Indiana
In the Matter of the Civil Commitment of G.H. v. Richard L. Roudebush Veterans Affairs Medical Center
23A-MH-490
Mental health. Affirms the involuntary commitment of G.H but reverses a special condition and remands with instructions to the Marion Superior Court to strike the special condition prohibiting G.H. from consuming alcohol and drugs during his outpatient treatment Finds clear and convincing evidence supports the involuntary commitment, but insufficient evidence supports the special condition. Judge Elizabeth Tavitas concurs and dissents in part with separate opinion.