Court of Appeals of Indiana
Ty Evans v. State of Indiana
22A-PC-220
Post-conviction relief. Reverses the post-conviction court’s denial of relief to Ty Evans and remands to the court with instructions to issue an amended abstract of judgment consistent with the opinion. Finds Evans demonstrated that he was not a habitual offender under the laws of the state and that his two convictions did not in fact occur in the required order.
A man whose attempted murder sentence was enhanced by 30 years has secured a post-conviction reversal in his favor, with the Court of Appeals of Indiana focusing on the chronological order of two convictions underlying a habitual offender enhancement.
Court of Appeals of Indiana
Matthew G. Cranfill, as Personal Representative of the Estate of Josephine F. Cranfill, Deceased v. State of Indiana Department of Transportation
22A-CT-2062
Civil tort. Affirms the Putnam Circuit Court’s grant of summary judgment in favor of the Indiana Department of Transportation. Finds the department’s failure to lower the speed limit on State Rode 267 involved the “adoption and enforcement of or failure to adopt or enforce” a rule and/or regulation, so under the Indiana Tort Claims Act, the department is immune from liability from Cranfill’s claims.
A man convicted for the death of his infant son didn’t have his double jeopardy rights violated when both of his charges were elevated to Level 1 felonies. But the appellate court reversed the man’s sentencing order for an improper calculation of credit.
Today’s conference of the U.S. Supreme Court is scheduled to include discussion about whether the justices should once again consider a case challenging a law governing the disposal of aborted fetal remains in Indiana.
Writing on a “clean slate,” the Court of Appeals of Indiana has affirmed a finding that a man who had blue lights on the inside of his car committed an infraction.
The Indiana Department of Transportation is immune from liability in a case involving a woman killed in a collision at an intersection, the Court of Appeals of Indiana has affirmed.
A woman’s 30-year sentence for voluntary manslaughter is appropriate given the nature of the offense and her criminal history, the Court of Appeals of Indiana affirmed Friday.
A magistrate judge did not err in dismissing a protection order previously granted by a different court, the Court of Appeals of Indiana has affirmed.
Requiring sex offenders who are already subject to registration elsewhere to also register in Indiana rationally promotes public safety, the 7th Circuit Court of Appeals has ruled in reversing a district court’s judgment.
The 7th Circuit Court of Appeals is asking the Indiana Supreme Court to consider whether state law prohibits or otherwise limits corporate contributions to political action committees or other entities that engage in independent campaign-related expenditures.
An Indiana man did not have standing to sue a collection agency and the company’s letters did not cause him any concrete injury, a split 7th Circuit Court of Appeals ruled Wednesday.
7th Circuit Court of Appeals
Brian Hope, et al. v. Commissioner of Indiana Department of Correction, et al.
22-2150
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Richard L. Young.
Civil. Reverses the district court’s grant of summary judgment for plaintiffs. Finds requiring offenders who are already subject to the burdens of registration elsewhere rationally promotes public safety through the maintenance of a sex-offender registry that is as complete as the Indiana Constitution permits.
William Scott Miles v. State of Indiana (mem. dec.)
22A-CR-2318
Criminal. Affirms William Miles’ convictions and sentence for Class A felony child molesting and Class B felony sexual misconduct with a minor. Finds even if the Hendricks Superior Court erred in admitting evidence, the error would have been harmless. Also finds the 40-year sentence is not inappropriate.
The inspiration for this article comes from disconnected events that range from an offhand and whimsical comment made by a law school professor in 1978 to a highly contested seven-year litigation that the Indiana Supreme Court seems to have finally ended.
Read Indiana appellate court decisions from the most recent reporting period.
A trial court can prosecute a Lake County man for a second case that involved alleged criminal acts against his girlfriend and another man, the Court of Appeals of Indiana affirmed in an opinion Thursday.
Joshua D. Clark v. State of Indiana
22A-CR-2421
Criminal. Affirms the Hendricks Superior Court’s denial of Joshua Clark’s request for a jury instruction on the defense of entrapment. Finds the evidence does not indicate a civilian group was an apparent agent of law enforcement. Also finds Clark was not predisposed to commit child solicitation.
Court of Appeals of Indiana
Katrina Louise Fouts v. State of Indiana
22A-CR-917
Criminal. Affirms Katrina Fouts’ convictions on conspiracy to commit murder and failure to report human remains charges. Finds the state presented sufficient evidence to support Fouts’ convictions and that the Hamilton Superior Court did not abuse its discretion in admitting evidence in the case. Also finds the state’s closing argument did not amount to fundamental error.
Douglas Housemeyer and Diane Housemeyer v. Kurt W. Babcock (mem. dec.)
22A-CT-02169
Civil tort. Affirms Hamilton Superior Court’s denial of Douglas Housemeyer and Diane Housemeyer motion to correct error affirming the jury’s verdict. Finds the trial court did not abuse its discretion in denying appellant’s motion to correct error and by affirming the jury’s verdict which awarded zero dollars in damages.