In a dispute about the pressure that organized labor can exert during a strike, the Supreme Court ruled Thursday against unionized drivers who walked off the job with their trucks full of wet concrete.
The Supreme Court on Thursday unanimously revived whistleblower lawsuits claiming that supermarket and pharmacy chains SuperValu and Safeway overcharged government health care programs for prescription drugs by hundreds of millions of dollars.
Court of Appeals of Indiana
In re the Termination of the Parent-Child Relationship of T.M. (Minor Child) and M.M. (Mother) M.M. (Mother) v. Indiana Department of Child Services
22A-JT-2628
Juvenile termination of parental rights. Affirms the termination of mother M.M.’s parental rights to T.M. Finds the Cass Circuit Court erred in concluding T.M. had been removed from M.M. for at least six months under a disposition decree, but the error does not warrant reversal. Remands for the entry of a corrected order.
The Court of Appeals of Indiana affirmed a lower court’s termination of parental rights order despite what it called an “obvious error” in the order.
A woman with chronic back pain failed to convince the 7th Circuit Court of Appeals that she is entitled to disability benefits.
A woman with ties to disgraced subway pitchman Jared Fogle who was convicted of sexual exploitation of a minor and other crimes failed to convince the 7th Circuit Court of Appeals that her prosecution was vindictive or that her sentence is excessive.
Court of Appeals of Indiana
In re the Adoption of S.K.D.T: K.P. v. L.J. and J.J. (mem. dec.)
23A-AD-65
Adoption. Affirms the Steuben Circuit Court’s conclusion that mother K.P.’s consent to the adoption of S.K.D.T. was not necessary, but reverses the entry of the adoption decree and remands for the trial court to determine whether the adoption will be in the child’s best interest, and whether guardians L.J. and J.J. have sufficient ability to rear the child and furnish suitable support and education for him. Finds the trial court did not clearly err when it concluded that K.P.’s consent to the adoption was not necessary. Also finds the trial court failed to make two required statutory findings before granting the guardians’ petition for adoption.
Even though legal forms of cannabis can smell the same as illegal marijuana, that doesn’t mean officers can’t use the odor to establish reasonable suspicion of criminal activity, the Court of Appeals of Indiana has affirmed.
Court of Appeals of Indiana
Cody Moore v. State of Indiana
22A-CR-1979
Criminal. Affirms the denial of Cody Moore’s motion to suppress. Finds the Marion Superior Court did not abuse its discretion in denying Moore’s motion to suppress evidence seized as a result of a traffic stop.
A father challenging a parenting time order and the division of marital assets has failed to convince the Court of Appeals of Indiana to overturn the final order in his divorce case.
A unanimous U.S. Supreme Court on Thursday gave a 94-year-old Minneapolis woman a new chance to recoup some money after the county kept the entire $40,000 when it sold her condominium over a small unpaid tax bill.
An insurer’s claims of negligence and spoliation against a company hired for renovation work after a house fire should have survived a motion to dismiss, the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
A man’s repeated letters to his ex-wife violated a no-contact order but did not warrant an aggregate sentence of 3,000 days for misdemeanor invasion of privacy, a split Court of Appeals of Indiana ruled Thursday.
Court of Appeals of Indiana
Dustin A. Lane v. State of Indiana
22A-CR-2276
Criminal. Revises Dustin Lane’s aggregate sentence from 3,000 days to 300 days and remands to the Lawrence Superior Court to enter a sentencing order consistent with the appellate opinion. Finds Lane has met his burden to demonstrate that his sentence is inappropriate in light of the nature of the offenses and his character. Judge Dana Kenworthy dissents with separate opinion.
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.