Indy to test state law in nuisance enforcement effort
Mayor Joe Hogsett’s administration is seeking a stronger approach to force property and business owners to discourage behavior that compromises public safety.
Court opinions
Articles
Opinions July 21, 2023
Court of Appeals of Indiana
Patrick Hinton v. State of Indiana
23A-CR-107
Criminal. Reverses Patrick Hinton’s convictions for Level 6 possession of methamphetamine and Class C possession of paraphernalia in the Cass Superior Court. Finds nothing in the record demonstrates probable cause that an officer had plainly viewed evidence of a crime prior to his entry onto Hinton’s property.
Opinions July 20, 2023
Court of Appeals of Indiana
Bryan Priest v. State of Indiana
22A-MI-2845
Miscellaneous. Affirms judgment by the Hendricks Superior Court finding Bryan Priest guilty of operating a commercial vehicle with an alcohol concentration equivalent of 0.04 but less than 0.08. Finds evidence admitted at Priest’s bench trial did not constitute hearsay and complied with the Indiana Administrative Code.
Database readout wasn’t hearsay, administrative violation, COA affirms
A database readout that was admitted in lieu of a missing breath-test ticket was not hearsay, nor was it a violation of the Indiana Administrative Code, the Court of Appeals of Indiana has ruled in a decision that drew a word of “caution” from the panel.
COA dismisses company’s appeal in default judgment case, finding it wasn’t a party of record
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.
Opinions July 19, 2023
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.
COA affirms court doesn’t need to revisit suppression issue for man who lodged ‘standing objection’ to ‘literally anything’
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.
Family of pregnant woman killed by speeding officer loses 7th Circuit appeal
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.
Justices find consumer lacked standing to pursue counterclaim, but concurrence expresses concern about federal standing doctrine
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.
COA: 2022 permitless carry law not remedial, retroactive
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.
Indiana Court Decisions: June 28-July 12, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Alternate paths to student loan forgiveness possible, Biden says
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.
Law schools rethinking how race will factor in admissions
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.
Near-total abortion ban reinstated: Legislative, court action likely to continue challenges to state law
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.
INBOX: Supreme Court Talevski decision a major victory for civil liberties
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.
COA reverses, remands denial of summary judgment for bank in Martin Co. foreclosure dispute
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.
Opinions July 18, 2023
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.
Jury instruction, exclusion of evidence of alleged racial animus were proper in attempted murder shooting case, COA affirms
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.
Opinions July 17, 2023
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.
Opinions July 14, 2023
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.