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.
Court opinions
Articles
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.
Opinions May 5, 2023
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.
Prisoner at Terre Haute federal prison wins reversal for grievance
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.
Former paramedic not entitled to change of venue in suit over breach of noncompete agreement, COA affirms
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.
COA affirms summary judgment in unauthorized medical records access case
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.
COA affirms summary judgment for farmers in land dispute
The Court of Appeals of Indiana has affirmed summary judgment in favor of Lawrence County farmers in a property dispute.
Court orders new trial in pregnancy discrimination suit against Franciscan Alliance based on ‘monstrously excessive’ damages award
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.
Opinions May 4, 2023
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.
Opinions May 3, 2023
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.
Majority justices dismiss sentencing appeal, but dissent points to erroneous trial court statement
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.