Court opinions - The Indiana Lawyer

Opinions July 13, 2023

July 13, 2023

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.

Man who misreported earnings doesn’t qualify for waiver of repayment of unemployment benefits

July 13, 2023 | Tyler Fenwick

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.

Woman who killed ex by poisoning, strangulation loses appeal of murder conviction, 115-year sentence

July 13, 2023 | Tyler Fenwick

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.

Opinions July 12, 2023

July 12, 2023

Court of Appeals of Indiana
Piccadilly Management as Managing Agent for Piccadilly Properties II, LLC DBA Roland Manor v. Shenita Abney
22A-SC-01904
Small claims. Reverses the denial of Piccadilly Management’s request for post-judgment interest on an award of attorney fees. Finds Indiana Code § 24-4.6-1-101 indicates Piccadilly is entitled to post-judgment interest on attorney fees. Remands for the court to calculate the post-judgment interest due on the attorney fees and enter a new judgment and garnishment order.

7th Circuit: Discrepancy between jury instructions, indictment doesn’t change conviction in child sexual exploitation case

July 12, 2023 | Tyler Fenwick

A discrepancy between the jury instructions and indictment didn’t warrant overturning a man’s conviction in a child sexual exploitation case, the 7th Circuit Court of Appeals ruled in affirming a district court’s decision.

Property management company wins reversal in bid for interest on attorney fees

July 12, 2023 | Alexa Shrake

A small claims court erred in excluding attorney fees from an award of post-judgment interest, the Court of Appeals of Indiana has ruled.

Jasper Co. farms entitled to damages, but amount must be recalculated, COA rules

July 12, 2023 | Daniel Carson

A trial court ruled correctly that three Jasper County farms could recover damages from a seed company under promissory estoppel, but the court improperly calculated those damages, the Court of Appeals of Indiana ruled Wednesday.

7th Circuit affirms verdict, summary judgment in excessive force suit against deputies

July 12, 2023 | Tyler Fenwick

A man who was hit and tased by law enforcement after his mother requested a wellness check failed to convince the 7th Circuit Court of Appeals that the sheriff’s deputies entered the home unlawfully and used excessive force.

Opinions July 11, 2023

July 11, 2023

Court of Appeals of Indiana
Brandi S. Bare v. State of Indiana (mem. dec.)
22A-CR-2879
Criminal. Affirms Brandi Bare’s convictions of operating a vehicle while intoxicated causing death and reckless homicide, and her 57-year aggregate sentence. Finds Bare waived her ability to directly appeal her convictions following a guilty plea. Also finds Bare has not met her burden to establish that her sentence is inappropriate.

7th Circuit affirms convictions, sentencing for Indianapolis meth traffickers

July 11, 2023 | Daniel Carson

A trio of men linked to an Indianapolis drug trafficking ring failed to sway the 7^th Circuit Court of Appeals, as the appellate court affirmed Monday a lower court’s convictions and sentencing on methamphetamine distribution-related charges.

Room for individual, narrower legal action on abortion ban, legal experts say

July 11, 2023 | Indiana Capital Chronicle

A split ruling from the Indiana Supreme Court late last month has left the door open to both individual future challenges and further restrictions to the state’s near-total abortion ban.

‘He said, she said’ case accusing doctor of sexual misconduct doesn’t fall under Medical Malpractice Act, COA affirms

July 10, 2023 | Alexa Shrake

A woman’s allegations that her doctor committed sexual misconduct against her did not fall under the Medical Malpractice Act, the Court of Appeals of Indiana affirmed in allowing the case to proceed without going before a medical review panel.

Opinions July 10, 2023

July 10, 2023

Court of Appeals of Indiana
Jatinder K. Kansal, M.D., P.C. v. Taylor Krieter
22A-CT-2646
Civil tort. Affirms the Lake Superior Court’s denial of Dr. Jatinder Kansal’s motion to dismiss Taylor Krieter’s complaint alleging battery and intentional infliction of emotional distress. Finds that assuming sexual misconduct occurred as Krieter alleged, it was wholly unrelated to the provision of medical care, so she is not claiming medical malpractice, the Medical Malpractice Act doesn’t apply and the trial court has subject-matter jurisdiction.

7th Circuit splits in upholding denial of habeas relief after revocation of 5,700 days of good time credit

July 10, 2023 | Daniel Carson

A split 7^th Circuit Court of Appeals affirmed the denial of a prisoner’s habeas petition after 5,700 days of accrued good time credit were revoked and his prison release date was extended by more than 15 years following his assault of a correctional officer.

Stymied by the Supreme Court, Biden wants voters to have the final say on his agenda

July 10, 2023 | Associated Press

After major blows to his agenda by the Supreme Court, President Joe Biden is intent on making sure voters will have the final say.

Opinions July 7, 2023

July 7, 2023

Court of Appeals of Indiana
John Simpson and Monroe LLC v. Brown County Board of Commissioners; Chuck Braden, in his official capacity; Diana Biddle, in her official capacity; and Jerry Pittman, in his official capacity
22A-PL-3102
Civil plenary. Affirms the Bartholomew Circuit Court’s dismissal of John Simpson and Monroe LLC’s complaint against the Brown County Board of Commissioners and its members. Finds that Simpson’s claim sounding in tort is barred as a matter of law. Also finds the trial court did not err when it dismissed Simpson’s complaint pursuant to Indiana Trial Rule 12(B)(6).

7th Circuit affirms summary judgment for barge company on workers’ comp claim

July 7, 2023 | Alexa Shrake

A man injured while performing contract work for a barge company failed to convince the 7^th Circuit Court of Appeals to overturn summary judgment for the company.

COA affirms dismissal of ‘ill will’ complaint filed after rejection of construction bid

July 7, 2023 | Daniel Carson

A trial court ruled correctly when it granted the Brown County Board of Commissioners’ motion to dismiss a contractor’s complaint in a case centered around bidding for a hiking trail, the Court of Appeals of Indiana affirmed Friday.

Red Lobster ‘misses the boat’ on negligence appeal, COA affirms

July 6, 2023 | Alexa Shrake

Seafood restaurant group Red Lobster LLC could not net a reversal from the Court of Appeals of Indiana on a ruling denying its motion for summary judgment in a negligence case.

7th Circuit reverses summary judgment for rail company in worker injury case

July 6, 2023 | Tyler Fenwick

A reasonable jury could conclude a railroad company knew or should have known about a defective switch that led to a worker’s injury, the 7th Circuit Court of Appeals ruled in reversing a lower court’s grant of summary judgment.

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