Indiana Court Decisions: March 22-April 5, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Opinions April 11, 2023
Juan Jose Santoyo Escamilla v. State of Indiana (mem. dec.)
22A-CR-2264
Criminal. Affirms Juan Escamilla’s convictions of possession of methamphetamine, operating a vehicle while under the influence of a controlled substance, possession of drug paraphernalia and driving without a license. Finds the traffic stop violated neither the Fourth Amendment to the United States Constitution nor Article 1, Section 11 of the Indiana Constitution.
Opinions April 10, 2023
Michael Damien Howell v. State of Indiana (mem. dec.)
22A-PC-01659
Post-conviction relief petition. Affirms the post-conviction relief court’s denial of Michael Damien Howell’s petition. Finds Howell has not shown that his trial counsel’s error prejudiced him.
Purdue denied judgment, new trial in Title IX case related to ‘malicious’ sexual assault reports
A federal magistrate judge has denied Purdue University’s motion for judgment or a new trial following a jury verdict in favor of a former student who accused the school of violating her Title IX rights for reporting a sexual assault.
Opinions April 6, 2023
Court of Appeals of Indiana
Steve Ford v. Brandon Slate
22A-SC-1018
Small claims. Affirms the Lawrence Township Small Claims Court of Marion County’s judgment in favor of Brandon Slate on his complaint for breach of contract against Steve Ford. Finds the trial court’s judgment was not clearly erroneous.
COA: Trial court misinterpreted right of first refusal language in family trust
A man who had a right of first refusal to his late mother’s home should have been allowed to receive the home at its value at the time of his mother’s death, rather than the value of a purchase offer, the Court of Appeals of Indiana has ruled.
Opinions April 5, 2023
Court of Appeals of Indiana
Daniel Kay Beach v. Teresa Spiech, Trustee of the Dauby Family Trust
22A-TR-1779
Trust. Reverses and remands to determine the value of the home at the time of Carol Daubenspeck’s death so that the trust assets may be divided evenly between siblings, with Daniel Beach receiving the home as part of his distribution. Finds Beach’s right of first refusal gave him the choice to receive the home as part of his share of the trust if he so desired. Affirms the Hamilton Superior Court’s decision on all other grounds.
Opinions April 4, 2023
Court of Appeals of Indiana
Curtis D. Shank v. State of Indiana (mem. dec.)
22A-CR-1500
Criminal. Affirms Curtis Shank’s conviction of Level 1 felony attempted murder and his sentence of 48 years executed. Finds the Elkhart Circuit Court properly handled Shank’s requests for a speedy trial such that his Criminal Rule 4(B) rights were not violated. Also finds Shank has failed to show that his sentence is inappropriate.
Opinions April 3, 2023
Court of Appeals of Indiana
Montgomery Scott Turner and Morgan Mitchell v. Roxanna Knowles
22A-EV-2622
Eviction. Reverses the Lawrence Superior Court’s judgment for Roxanna Knowles, a landlord. Finds Montgomery Turner and Morgan Mitchell have established prima facie error in the trial court’s determination. Remands with instructions to vacate an award of damages for Knowles and order Knowles to return a security deposit. Also remands with instruction to determine the tenants’ reasonable fees and costs.
Trial court erred in awarding damages to landlord, COA finds
A landlord was not entitled to damages and was ordered to return a security deposit after the Court of Appeals of Indiana found error at the trial court.
COA grants rehearing, reaffirms that constitutional violations were harmless
The Court of Appeals of Indiana granting rehearing Monday to a criminal recklessness case to clarify its reasoning as to why a constitutional violation was harmless error.
Federal judge dismisses ex-Marion Co. magistrate Mattingly’s employment discrimination complaint
A judge has dismissed a former Marion County magistrate judge’s lawsuit against court officials for alleged employment discrimination, ruling neither federal law that former Magistrate Judge Kimberly Mattingly cited permitted her to bring such claims.
Judge rules for state in case challenging 2nd trimester ‘dismemberment abortion’ ban
In the continued aftereffects of the U.S. Supreme Court’s decision overturning Roe v. Wade, a federal court has entered judgment for the state of Indiana in a lawsuit challenging the state’s ban on a common second-trimester abortion proceeding.
Opinions March 31, 2023
Court of Appeals of Indiana
Adam Tempest v. Fifth Third Bank, National Association (mem. dec.)
22A-PL-2222
Civil plenary. Dismisses Adam Tempest’s appeal of the Decatur Superior Court’s order dismissing his complaint against Fifth Third Bank. Finds multiple violations of the Indiana Appellate Rules and a lack of a cogent argument.
Opinions March 30, 2023
Court of Appeals of Indiana
Indiana Board of Pharmacy, Donna S. Wall, Steven Anderson, Del Fanning, Winnie Landis, Mark Smosma, and Matt Balla v. Paul J. Elmer
22A-PL-1811
Civil plenary. Reverses the Marion Superior Court’s entry of judgment against the appellants and the award of attorney fees to Paul Elmer. Finds the Indiana Board of Pharmacy and its members were acting in a quasi-judicial capacity and in good faith based on the known interpretation of Indiana Code § 34-52-1-1. Remands with instructions to enter judgment in favor of the appellants and to vacate the award of attorney fees to Elmer.
COA overturns attorney fees award in dispute between ex-pharmacist, Pharmacy Board
A pharmacist convicted of producing and distributing adulterated drugs was not entitled to attorney fees in his case against the Indiana Board of Pharmacy, which was entitled to immunity, the Court of Appeals of Indiana has ruled.
Judge’s ruling undercuts US health law’s preventive care
A federal judge in Texas who previously ruled to dismantle the Affordable Care Act struck down a narrower but key part of the nation’s health law Thursday in a decision that opponents say could jeopardize preventive screenings for millions of Americans.
COA: Stepfather gets custody of children, father still has parenting time
An adoption and custody case has made its way to the Court of Appeals of Indiana for the second time, this time with the court agreeing that even though the father has shown growth in his parenting ability, the stepfather can have custody of two children.
Evidence supports ‘gravely disabled’ finding for appellant ordered to temporary commitment, COA affirms
A woman ordered to a temporary mental health commitment has failed to convince the Court of Appeals of Indiana that a trial court wrongly determined she was gravely disabled.
Opinions March 29, 2023
Court of Appeals of Indiana
In the Matter of the Civil Commitment of: A.O. v. Community Health Network, Inc.
22A-MH-2396
Mental health. Affirms the Marion Superior Court’s determination that A.O. was “gravely disabled.” Finds there was clear and convincing evidence supporting the order.