The Supreme Court on Thursday made it harder for the federal government to police water pollution in a decision that strips protections from wetlands that are isolated from larger bodies of water.
The question of whether an Indiana Department of Natural Resources officer committed “criminal” conduct when he committed the act of false informing is pending a decision on transfer to the Indiana Supreme Court, which has invited amicus curiae briefing.
Court of Appeals of Indiana
Robert A. Kissinger v. State of Indiana (mem. dec.)
22A-CR-2647
Criminal. Affirms Robert Kissinger’s conviction and 30-year sentence for Level 1 felony child molesting. Finds the DeKalb Circuit Court did not abuse its discretion in admitting a nurse’s report, and even if it did, the error was harmless. Also finds the evidence is sufficient to identify Kissinger as the perpetrator and to support his conviction. Finally, finds Kissinger’s advisory sentence is not an outlier.
Read Indiana appellate court decisions from the most recent reporting period.
After holding oral arguments May 17, a split Indiana Supreme Court issued an order revoking transfer and reinstating precedent holding that an “inactive” car registration should not be conflated with an “expired” registration.
Court of Appeals of Indiana
Jordan M. Norton v. State of Indiana
22A-CR-2314
Criminal. Dismisses Jordan Norton’s appeal of his convictions and sentence for battery by means of a deadly weapon, a Level 5 felony, and criminal recklessness, a Level 6 felony. Finds Norton was not entitled to file a belated notice of appeal. Judge Leanna Weissmann dissents with separate opinion.
United States of America v. Travis Lee Beechler
21-3379
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Hanlon.
Criminal. Affirms Travis Beechler’s convictions of possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a previously convicted felon. Also affirms Beechler’s 30-year sentence. Finds Beechler’s Fourth Amendment rights weren’t violated. Also finds the district court didn’t commit reversible error in applying sentencing enhancements.
Court of Appeals of Indiana
James H. Higgason III v. State of Indiana
22A-CR-2000
Criminal. Affirms James Higgason III’s three convictions of murder. Finds the Lake Superior Court did not abuse its discretion when it denied Higgason’s motion to dismiss and motion for mistrial. Also finds the trial court did not abuse its discretion when it admitted the digitized recording of the phone calls between David Copley and Higgason. Finally, finds any error in the trial court’s decision to not notify counsel when the jury asked a question about Higgason’s culpability was harmless because Higgason did not establish prejudice. and there was sufficient evidence to convict Higgason of the murders.
A man convicted of the brutal murder of his ex-girlfriend, which included cannibalism, failed to convince the Indiana Supreme Court to overturn his sentence of life without parole.
A man’s convictions for felony neglect and battery in an incident that ultimately resulted in the death of his son did not constitute a double jeopardy violation, the Court of Appeals of Indiana affirmed Thursday.
Evidence that led to a man being convicted of dealing in methamphetamine and other charges did not come as part of an impermissibly prolonged traffic stop, the Court of Appeals of Indiana has ruled in affirming a lower court’s judgment.
Court of Appeals of Indiana
Adam B. Kenny v. State of Indiana
22A-CR-2082
Criminal. Affirms Adam Kenny’s convictions of Level 2 felony dealing in methamphetamine, Level 6 felony unlawful possession of a syringe, Class C misdemeanor possession of paraphernalia, Class A misdemeanor carrying a handgun without a license and three counts of Class A misdemeanor unlawful possession of a firearm by a dangerous person. Finds the Tippecanoe Superior Court did not abuse its discretion in admitting evidence resulting from a valid traffic stop consistent with the Fourth Amendment.
The Supreme Court on Thursday sided with Google, Twitter and Facebook in lawsuits seeking to hold them liable for terrorist attacks. But the justices sidestepped the big issue hovering over the cases.
The Supreme Court on Thursday ruled in favor of a photographer who claimed the late Andy Warhol had violated her copyright on a photograph of the singer Prince.
A Bloomington manufacturer argued before the Indiana Supreme Court on Wednesday that it was unfairly forced to modify building plans for a new warehouse, claiming Duke Energy Indiana took part of its land without compensation.
Confidence in the Supreme Court sank to its lowest point in at least 50 years in 2022 in the wake of the Dobbs decision that led to state bans and other restrictions on abortion, a major trends survey shows.
Court of Appeals of Indiana
MEGA OIL, INC., an Illinois Corporation, et al. v. CITATION 2004 INVESTMENT, LLC, a Delaware Limited Liability Company
22A-MI-1275
Miscellaneous. Affirms the Gibson Circuit Court’s grant of partial summary judgment to Citation 2004 Investment LLC. Finds the trial court did not clearly err.
A Gibson County property was already under a valid lease for oil and gas production and could not be leased for development to an energy company, the Court of Appeals of Indiana ruled Wednesday in affirming a lower court’s summary judgment decision.
Legal arguments over women’s access to a drug used in the most common method of abortion move to a federal appeals court in New Orleans on Wednesday, in a case challenging a Food and Drug Administration decision made more than two decades ago.
Court of Appeals of Indiana
Kristopher M. Wainscott v. State of Indiana
22A-CR-1817
Criminal. Affirms the denial of Kristopher Wainscott’s motion to suppress all evidence derived from the search warrant for his phone. Finds the warrant had already been executed by the seizure of the phone when the alleged victim partially recanted her allegations against Wainscott, so the state had no obligation to inform the magistrate judge of the partial recantation.