Appeal from involuntary commitment dismissed as moot
A woman’s appeal of her completed involuntary commitment does not present an exception to mootness, the Court of Appeals of Indiana has ruled in a dismissal.
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COA reinstates challenge to trust amendment
A woman’s complaint against an amendment to a family trust was timely and should be reinstated, the Court of Appeals of Indiana ruled Monday.
COA affirms dismissal of whistleblower suit against former state treasurer, Ice Miller, others
A trial court was correct to dismiss a whistleblower complaint brought against former Indiana Treasurer Kelly Mitchell and the law firm Ice Miller, among others, the Court of Appeals of Indiana has ruled.
Michigan City man’s burglary conviction upheld by COA
The Court of Appeals of Indiana rejected a man’s claims that the state committed “trial by ambush” by allowing testimony and video evidence that showed him taking two cases containing Glock handguns.
Opinions May 12, 2023
Court of Appeals of Indiana
Malcolm Dwight Smith II v. State of Indiana
21A-CR-1514
Criminal. Affirms Malcolm Dwight Smith II’s conviction for Level 4 felony burglary. Finds the LaPorte Superior Court did not violate Smith’s right to a speedy trial under Indiana Criminal Rule 4(B). Also finds Smith has waived his argument that the trial court abused its discretion in the admission of evidence. Finally, finds there was sufficient evidence to support the conviction.
Supreme Court backs California law for more space for pigs. Producers predict pricier pork, bacon
The Supreme Court on Thursday backed a California animal cruelty law that requires more space for breeding pigs, a ruling the pork industry says will lead to higher costs nationwide for pork chops and bacon.
Supreme Court rules against Puerto Rican journalists seeking records from financial oversight board
The Supreme Court ruled Thursday against an organization of Puerto Rican journalists in its quest for documents from the financial oversight board created to deal with the island territory’s bankruptcy.
COA affirms revocation of probation for failed drug tests, new offenses in Ohio
The Court of Appeals of Indiana has affirmed the revocation of a man’s probation, finding the defendant violated his probation by failing drug tests and committing new offenses in Ohio.
IN Supreme Court denies transfer to 2 gender-marker change cases despite pleas from Rokita, COA
The Indiana Supreme Court will not consider two cases involving transgender children whose parents’ petitions to change their gender markers on their birth certificates were denied.
Argument of racial bias in jury selection rejected by 7th Circuit
The 7th Circuit Court of Appeals rejected a man’s claims of racial bias in jury selection for his felon in possession of a weapon case and affirmed a lower court’s ruling Wednesday.
Opinions May 11, 2023
Court of Appeals of Indiana
Chad E. Hammann v. State of Indiana
22A-CR-2210
Criminal. Affirms the Dearborn Circuit Court’s revocation of Chad Hammann’s probation. Finds the trial court did not err by denying Hammann’s motion to dismiss. Also finds Hammann was not deprived of his due process right to written notice of the claimed violations of probation. Finally, finds the evidence is sufficient to support the revocation.
Unanimous Supreme Court gives transgender woman from Guatemala new chance to fight deportation
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.
Supreme Court sides with ex-Cuomo aide, others convicted of corruption related to ‘Buffalo Billion’
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.”
Opinions May 10, 2023
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.
COA orders defendant’s discharge in OVI case after 13-month delay in blood test results
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.
Inability to travel during pandemic gave man right to rescind Florida rental contract, split COA rules in 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.
Indiana Court Decisions: April 20-May 3, 2023
Read the latest Indiana appellate court decisions from the most recent reporting period.
IN justices grant 3 transfers, deny case involving sheriff indicted for resisting law enforcement
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.
Opinions May 9, 2023
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.
Opinions May 8, 2023
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.