The U.S. Supreme Court ruled Thursday in favor of a transgender Guatemalan woman who is fighting deportation on the grounds that she would face persecution if returned to her native country.
The Supreme Court on Thursday ruled for a onetime top aide to ex-New York Gov. Andrew Cuomo and others who were convicted of corruption related to an economic development project known as the “Buffalo Billion.”
Court of Appeals of Indiana
Imad Shawa, M.D. v. Kathryn Gillette
22A-CT-1667
Civil tort. Reverses the Marion Superior Court’s denial of summary judgment for Imad Shawa. Finds Kathryn Gillette’s failure to use her probable knowledge of Shawa’s identity precludes unlimited extension of the statute of limitations. Remands with instructions for the trial court to enter summary judgment for Shawa.
The state’s 13-month delay in providing blood test results violated a man’s right to a speedy trial, the Court of Appeals of Indiana ruled in a Wednesday reversal.
An Indiana man prohibited by state order from traveling to a Florida vacation home during the COVID-19 pandemic had a right to rescind his rental contract, a split Court of Appeals of Indiana ruled Wednesday in reversing a small claims court’s decision.
Read the latest Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court justices granted transfer to three cases last week, including one involving a patient who sued a hospital network for sharing her diagnosis with the wrong person.
Court of Appeals of Indiana
Michael J. Stolla v. Megan Gould (mem. dec.)
22A-JP-1740
Juvenile paternity. Affirms the Dearborn Circuit Court’s judgment modifying legal and physical custody over minor son, M.J.S., in favor of Megan Gould. Finds the trial court did not abuse its discretion when it overruled Michael J. Stolla’s objection to considering a modification of custody based only on Gould’s failure to file a modification petition. Also finds the trial court’s decision to modify the parties’ legal and physical custody over M.J.S. is well-supported by the record.
Devun York v. State of Indiana
22A-CR-02214
Criminal. Affirms Marion Superior Court’s denial of Devun York’s motion to dismiss a charge which alleged he was in possession of a machine gun in violation of Indiana Code section 35-47-5-8(2014). Finds the trial court did not err by concluding that the facts of the case state a crime or by concluding that the machine gun statute is not impermissibly vague under the federal and state constitutions.
Leroy N. Ingram v. T.J. Watson, et al.
21-3400
Appeal from the U.S. District Court for the Southern District of Indiana, Terre Haute Division. Judge Frank Easterbrook.
Civil. Affirms the district court decision. Reverses the grievance directed to the asserted physical attack. Remands for further proceedings.
The 7th Circuit Court of Appeals affirmed a district court’s ruling to dismiss two grievances from a prisoner who claimed he was beaten by guards at Terre Haute’s federal prison. But the appellate court reversed and remanded a third grievance back to the district court for a Pavey hearing.
A man sued by his former employer for breach of a noncompete agreement is not entitled to a change of venue for the case, the Court of Appeals of Indiana has ruled.
Unauthorized access to a pair of women’s medical records does not mean they can pursue medical malpractice claims that are compensable from the state, the Court of Appeals of Indiana affirmed Thursday in upholding a trial court’s grant of summary judgment.
The Court of Appeals of Indiana has affirmed summary judgment in favor of Lawrence County farmers in a property dispute.
A federal jury’s award of $5.5 million to a former Franciscan Health employee who sued the health system for pregnancy discrimination suggests the verdict was based on “passion and prejudice,” a judge has ruled in granting Franciscan’s motion for a new trial.
Court of Appeals of Indiana
MLS Enterprises, LLC v. Adam R. Norman and Matthew A. Norman
22A-PL-2755
Civil plenary. Affirms the Lawrence Circuit Court’s grant of partial summary judgment to Adam and Matthew Norman. Finds the trial court did not abuse its discretion in the admission of designated evidentiary materials. Also finds the Normans are entitled to summary judgment on an adverse possession claim.
Indiana Supreme Court
Matthew H. Thomas Davis v. State of Indiana
22S-CR-253
Criminal. Dismisses Matthew H. Thomas Davis’ sentencing appeal. Finds his written plea agreement with the state unambiguously waived his right to appeal his sentence. Justice Christopher Goff dissents with separate opinion, joined by Chief Justice Loretta Rush.
A man who waived his right to appeal his four-year sentence for theft cannot challenge that sentence on direct appeal, the Indiana Supreme Court ruled in dismissing the man’s appeal. Two dissenting judges would hold that the appeal waiver is unenforceable.
The Indiana Supreme Court granted transfer to two cases out of 22 last week, including a medical malpractice case and a juvenile delinquency adjudication voided by the Court of Appeals of Indiana.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
United States of America v. William G. Curtis
21-2615
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge James T. Moody.
Criminal. Affirms the district court’s decision to refuse consideration of resentencing William G. Curtis for firearms-related sentences under the Fair Step Act. Finds a district court does have authority under the act to reduce an aggregate sentence, even if part of the sentence rests on offenses that are not covered by the act nor grouped with a covered offense. Also finds the district court’s error in assuming it lacked authority was harmless. Finally, finds Curtis’ consecutive sentences for firearms-related convictions were distinct and disaggregated from his drug conspiracy-related sentences.