COA affirms TPR order despite error in findings, conclusions
The Court of Appeals of Indiana affirmed a lower court’s termination of parental rights order despite what it called an “obvious error” in the order.
Court opinions
Articles
Woman was not disabled while getting treatment for back pain, 7th Circuit affirms
A woman with chronic back pain failed to convince the 7th Circuit Court of Appeals that she is entitled to disability benefits.
7th Circuit affirms minor sexual exploitation conviction, sentence for woman connected to Jared Fogle
A woman with ties to disgraced subway pitchman Jared Fogle who was convicted of sexual exploitation of a minor and other crimes failed to convince the 7th Circuit Court of Appeals that her prosecution was vindictive or that her sentence is excessive.
Opinions May 30, 2023
Court of Appeals of Indiana
In re the Adoption of S.K.D.T: K.P. v. L.J. and J.J. (mem. dec.)
23A-AD-65
Adoption. Affirms the Steuben Circuit Court’s conclusion that mother K.P.’s consent to the adoption of S.K.D.T. was not necessary, but reverses the entry of the adoption decree and remands for the trial court to determine whether the adoption will be in the child’s best interest, and whether guardians L.J. and J.J. have sufficient ability to rear the child and furnish suitable support and education for him. Finds the trial court did not clearly err when it concluded that K.P.’s consent to the adoption was not necessary. Also finds the trial court failed to make two required statutory findings before granting the guardians’ petition for adoption.
Odor of marijuana, though similar to legal cannabis, is enough for reasonable suspicion, COA affirms
Even though legal forms of cannabis can smell the same as illegal marijuana, that doesn’t mean officers can’t use the odor to establish reasonable suspicion of criminal activity, the Court of Appeals of Indiana has affirmed.
Opinions May 26, 2023
Court of Appeals of Indiana
Cody Moore v. State of Indiana
22A-CR-1979
Criminal. Affirms the denial of Cody Moore’s motion to suppress. Finds the Marion Superior Court did not abuse its discretion in denying Moore’s motion to suppress evidence seized as a result of a traffic stop.
COA upholds parenting time, division of assets in divorce case
A father challenging a parenting time order and the division of marital assets has failed to convince the Court of Appeals of Indiana to overturn the final order in his divorce case.
Supreme Court rules in favor of 94-year-old woman who got nothing when county took her condo
A unanimous U.S. Supreme Court on Thursday gave a 94-year-old Minneapolis woman a new chance to recoup some money after the county kept the entire $40,000 when it sold her condominium over a small unpaid tax bill.
COA: Insurance company’s negligence, spoliation claims should have survived motion to dismiss
An insurer’s claims of negligence and spoliation against a company hired for renovation work after a house fire should have survived a motion to dismiss, the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
Split COA reduces man’s 3,000-day invasion of privacy sentence to less than 1 year
A man’s repeated letters to his ex-wife violated a no-contact order but did not warrant an aggregate sentence of 3,000 days for misdemeanor invasion of privacy, a split Court of Appeals of Indiana ruled Thursday.
Opinions May 25, 2023
Court of Appeals of Indiana
Dustin A. Lane v. State of Indiana
22A-CR-2276
Criminal. Revises Dustin Lane’s aggregate sentence from 3,000 days to 300 days and remands to the Lawrence Superior Court to enter a sentencing order consistent with the appellate opinion. Finds Lane has met his burden to demonstrate that his sentence is inappropriate in light of the nature of the offenses and his character. Judge Dana Kenworthy dissents with separate opinion.
Supreme Court limits federal power over wetlands, boosts property rights over clean water
The Supreme Court on Thursday made it harder for the federal government to police water pollution in a decision that strips protections from wetlands that are isolated from larger bodies of water.
Justices invite amicus briefing in state employee indemnification rights case
The question of whether an Indiana Department of Natural Resources officer committed “criminal” conduct when he committed the act of false informing is pending a decision on transfer to the Indiana Supreme Court, which has invited amicus curiae briefing.
Opinions May 24, 2023
Court of Appeals of Indiana
Robert A. Kissinger v. State of Indiana (mem. dec.)
22A-CR-2647
Criminal. Affirms Robert Kissinger’s conviction and 30-year sentence for Level 1 felony child molesting. Finds the DeKalb Circuit Court did not abuse its discretion in admitting a nurse’s report, and even if it did, the error was harmless. Also finds the evidence is sufficient to identify Kissinger as the perpetrator and to support his conviction. Finally, finds Kissinger’s advisory sentence is not an outlier.
Indiana Court Decisions: May 4-17, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Split justices revoke transfer in ‘inactive’ car registration case
After holding oral arguments May 17, a split Indiana Supreme Court issued an order revoking transfer and reinstating precedent holding that an “inactive” car registration should not be conflated with an “expired” registration.
Opinions May 23, 2023
Court of Appeals of Indiana
Jordan M. Norton v. State of Indiana
22A-CR-2314
Criminal. Dismisses Jordan Norton’s appeal of his convictions and sentence for battery by means of a deadly weapon, a Level 5 felony, and criminal recklessness, a Level 6 felony. Finds Norton was not entitled to file a belated notice of appeal. Judge Leanna Weissmann dissents with separate opinion.
Opinions May 22, 2023
United States of America v. Travis Lee Beechler
21-3379
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Hanlon.
Criminal. Affirms Travis Beechler’s convictions of possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a previously convicted felon. Also affirms Beechler’s 30-year sentence. Finds Beechler’s Fourth Amendment rights weren’t violated. Also finds the district court didn’t commit reversible error in applying sentencing enhancements.
Opinions May 19, 2023
Court of Appeals of Indiana
James H. Higgason III v. State of Indiana
22A-CR-2000
Criminal. Affirms James Higgason III’s three convictions of murder. Finds the Lake Superior Court did not abuse its discretion when it denied Higgason’s motion to dismiss and motion for mistrial. Also finds the trial court did not abuse its discretion when it admitted the digitized recording of the phone calls between David Copley and Higgason. Finally, finds any error in the trial court’s decision to not notify counsel when the jury asked a question about Higgason’s culpability was harmless because Higgason did not establish prejudice. and there was sufficient evidence to convict Higgason of the murders.
Justices uphold LWOP sentence in murder case that involved cannibalism
A man convicted of the brutal murder of his ex-girlfriend, which included cannibalism, failed to convince the Indiana Supreme Court to overturn his sentence of life without parole.