Indiana Court Decisions: Sept. 21-Oct. 4, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Opinions Oct. 10, 2023
Court of Appeals of Indiana
Wiley R. Jones v. State of Indiana
23A-CR-739
Criminal. Reverses Wiley Jones’ sentences for six counts of possession of child pornography as Level 5 felonies. Finds Counts I through VI constitute a single episode of criminal conduct and are subject to the limitation in Ind. Code § 35-50-1-2(d). Remands to the Floyd Superior Court with instructions to resentence Jones consistent with this opinion.
Opinions Oct. 6, 2023
Court of Appeals of Indiana
Loren Wayne Tidwell v. State of Indiana (mem. dec.)
23A-PC-55
Post-conviction relief. Affirms the denial of Loren Tidwell’s petition for post-conviction relief. Finds Tidwell’s right to due process was not infringed in the underlying post-conviction proceedings. Also finds Tidwell has not demonstrated that the post-conviction court’s conclusion that trial counsel rendered effective assistance was clearly erroneous. Finally, finds PCR counsel’s performance did not deprive Tidwell of a procedurally fair proceeding.
Health care provider doesn’t retain immunity from med-mal suit for causing abuse report, COA rules in reversal
An amendment to the child abuse reporting statute represents a policy determination that a provider who hasn’t acted with gross negligence or willful misconduct doesn’t retain immunity from a medical malpractice action for causing a report of child abuse.
Appellate court reverses resisting conviction, finding ‘pulling away’ wasn’t ‘forcible resistance’
A man arrested for acting disruptively in a casino has secured the reversal of his resisting law enforcement conviction, but the Court of Appeals of Indiana upheld his remaining convictions.
Maximum sentence appropriate for ‘worst of the worst’ stepfather convicted of sexual misconduct, COA affirms
A man’s 14-year history of molesting his stepdaughter and the mental health issues she suffered from the repeated abuse justified a trial court’s imposition of a maximum 12-year prison sentence for sexual misconduct, the Court of Appeals of Indiana affirmed.
Opinions Oct. 5, 2023
Court of Appeals of Indiana
Harry Gillespie Nicholson, IV v. State of Indiana
23A-CR-890
Criminal. Affirms Harry Gillespie Nicholson IV’s sentence to 12 years in the Department of Correction for Level 4 felony sexual misconduct with a minor. Finds Nicholson has failed to establish that the maximum sentenced imposed by the Lake Superior Court was inappropriate given the nature of the offense and his character.
7th Circuit vacates denial of habeas petition, orders evidentiary hearing
Overturning the district court and disagreeing with a state appellate court’s analysis, the 7th Circuit Court of Appeals has vacated the denial of habeas relief to a man convicted on drug charges, ordering an evidentiary hearing on his habeas petition.
On rehearing, split justices reaffirm that man who waived right to appeal can’t pursue direct appeal
A man convicted on several theft-related charges can’t directly appeal his sentence after he and his attorney signed a plea agreement waiving his right to appeal, a split Indiana Supreme Court again ruled Tuesday in a modified opinion on rehearing.
Tax Court affirms assessment, finding claim waived
A taxpayer failed to prove that it was incorrect to make her present market-based evidence to support her property value, the Indiana Tax Court has ruled in affirming a decision from the Indiana Board of Tax Review.
Opinions Oct. 4, 2023
Court of Appeals of Indiana
In the Matter of J.P., A Child in Need of Services, A.P., v. Indiana Department of Child Services (mem. dec.)
23A-JC-476
Juvenile CHINS. Affirms the Hamilton Superior Court’s order adjudicating mother A.P.’s minor child, J.P, as a child in need of services. Finds any error in admitting Exhibit 2 was harmless. Also finds the trial court’s CHINS adjudication was supported by sufficient evidence and was not clearly erroneous.
Opinions Oct. 3, 2023
Court of Appeals of Indiana
Leeland Paul Runkel v. State of Indiana (mem. dec.)
23A-CR-99
Criminal. Affirms Leeland Runkel’s convictions of Level 6 possession of methamphetamine, Class A possession of marijuana and Class B possession of paraphernalia. Finds the Blackford Superior Court did not err when it admitted into evidence items found in a pickup truck. Also finds sufficient evidence to support the convictions.
Opinions Oct. 2, 2023
Court of Appeals of Indiana
Gustavo Salgado v. State of Indiana (mem. dec.)
22A-CR-2738
Criminal. Affirms Gustavo Salgado’s conviction in Elkhart Superior Court of Class C misdemeanor operating a vehicle with an alcohol concentration equivalent of at least 0.08 grams of alcohol but less than 0.15 grams of alcohol per 210 liters of breath. Finds the trial court did not abuse its discretion when it found Dr. Dana Bors to be an expert on the issue of retrograde extrapolations or when it denied Salgado’s request to present cumulative evidence on surrebuttal. Also finds the state presented sufficient evidence to support Salgado’s conviction.
Strict liability not applicable in quarry blast case, COA affirms
Strict liability isn’t the applicable standard in a case involving a blasting company whose work caused damage at a limestone quarry, the Court of Appeals of Indiana has affirmed.
Opinions Sept. 29, 2023
Court of Appeals of Indiana
Israel Hernandez v. State of Indiana
23A-CR-219
Criminal. Affirms the denial of Israel Hernandez’s motion to dismiss a charging information for invasion of privacy as facially defective. Finds the charging information is not facially defective.
Uninsured motorist coverage does not apply to employee involved in crash while driving own vehicle, COA affirms
An employee involved in a crash while driving his own vehicle to work was not covered by his employer’s insurance policy, the Court of Appeals of Indiana has affirmed.
Alleged act of viewing protected person’s Instagram is sufficient for charging information, COA affirms
Allegations that a man viewed a protected person’s Instagram posts are sufficient to charge him with invasion of privacy, the Court of Appeals of Indiana affirmed Friday.
Operational default may have occurred in MOU, COA rules in reversing summary judgment
A company and its owner are not entitled to summary judgment because there is an issue of material fact as to whether an operational default occurred in its memorandum of understanding with an automotive group, the Court of Appeals of Indiana has ruled.
911 call properly admitted as evidence, COA affirms
A 911 call placed by a witness who didn’t actually testify was properly admitted, the Court of Appeals of Indiana has affirmed, also finding sufficient evidence.
COA reverses transfer of venue in adoption case
A trial court improperly transferred venue in an adoption case, the Court of Appeals of Indiana ruled in a Thursday reversal.