Court of Appeals of Indiana
Michael T. Owens v. State of Indiana
21A-CR-1900
Criminal. Affirms the Marion Superior Court’s denial of Michael Owens’ motion to dismiss the habitual offender enhancement to his sentence. Finds Owens’ claim rests on a faulty reading of Indiana Code § 35-34-1-5(e). Sua sponte remands to correct sentencing error.
A Court of Appeals of Indiana opinion in a case involving the breach of a lease split three ways Monday, with the appellate court affirming in part, reversing and remanding the case back to a lower court.
A lower court will need to address constitutional concerns and look at how evidence was obtained in a case involving sexual exploitation of children, the 7th Circuit Court of Appeals ruled Friday, remanding the case for an evidentiary hearing.
Court of Appeals of Indiana
American Senior Communities v. Indiana Family & Social Services Administration
22A-PL-2556
Civil plenary. Affirms the reclassification of the nursing scheduler coordinator position from the direct care component to the administrative component. Finds the reclassification was not arbitrary and capricious.
The Indiana Supreme Court affirmed a trial court’s order amending a damages award but determined the lower court lacked jurisdiction to issue two other orders because each interfered with the subject matter of a pending appeal.
Court of Appeals of Indiana
Indianapolis Museum of Art, D/B/A Newfields v. Kathleen Hurley, et al
22A-TR-767
Trust. Affirms the Marion Superior Court’s denial of Newfields’ motion for partial summary judgment and grant of the children’s motion for summary judgment. Finds the trial court did not err in establishing a resulting trust.
Court of Appeals of Indiana
Shalee C. Dowell v. State of Indiana
19A-CR-2623
Criminal. Affirms Shalee Dowell’s conviction in the Perry Circuit Court of Level 2 felony dealing in methamphetamine. Finds the state waived any challenge to the appellate court’s decision to reassume jurisdiction of Dowell’s direct appeal. Also finds the state’s evidence was sufficient.
Although the Court of Appeals of Indiana allowed a woman to reopen her previously rejected direct appeal based on a missing transcript, the court still upheld the woman’s felony drug dealing conviction.
Court of Appeals of Indiana
Jennifer Pennington and Joshua Pennington v. Memorial Hospital of South Bend, Inc. d/b/a Beacon Health and Fitness, Spear Corporation, and Panzica Building Corporation
22A-CT-1573
Civil tort. Affirms St. Joseph Superior Court’s grant of summary judgment to Spear Corporation and Panzica Building Corporation and a partial summary judgment to Beacon Health Building Corporation. Finds the trial court did not abuse its discretion by striking a portion of the deposition testimony of the Penningtons’ designated expert witness nor did it abuse its discretion in its evidentiary rulings.
Court of Appeals of Indiana
In the Matter of the Marriage of Emily G. McConnell v. Cedric J. Booker (mem. dec.)
22A-DC-2348
Domestic relations with children. Affirms the Warrick Superior Court’s dissolution decree, which granted parenting time to Cedric J. Booker that deviated from the Indiana Parenting Guidelines. Finds the trial court did not abuse its discretion in its parenting time order or when it denied Emily McConnell’s motion to correct error.
The U.S. Supreme Court ruled unanimously Tuesday for a deaf student who sued his public school system for providing an inadequate education. The case is significant for other disabled students who allege they were failed by school officials.
A permanent injunction preventing two brothers from using their property for their trucking business has been upheld, but the Court of Appeals of Indiana reversed the imposition of costs and fines in the case.
Parties from the West Coast who entered into two contracts with an Indiana company had sufficient contacts within the state to give an Indiana trial court jurisdiction over them, the Court of Appeals of Indiana ruled in a split decision.
A Black female Veterans’ Administration employee who was reassigned to a different position failed to convince the 7th Circuit Court of Appeals that the VA discriminated or retaliated against her.
A trial court did not err in awarding summary judgment to two couples in a Porter County property dispute case, the Court of Appeals of Indiana affirmed Monday.
Court of Appeals of Indiana
Rupinder Thind v. Delaware County, Indiana
22A-PL-2332
Civil plenary. Affirms the grant of Delaware County’s motion for a preliminary injunction but reverses the order imposing costs and fines on Rupinder Thind. Finds the Delaware Circuit Court did not err in entering the preliminary injunction. Also finds the imposition of fines and costs was premature.
Kathryn Dircks and Barry Dircks v. Julie Camden and Camden & Meridew, P.C. (mem. dec.)
22A-PL-1292
Civil plenary. Affirms the granting of Julie and Camden’s petition requesting attorney’s fees and costs. Finds the Boone Circuit Court did not abuse its discretion.
Steven D. Lemons v. State of Indiana (mem. dec.)
22A-CR-01994
Criminal. Affirms Steven Lemons’ conviction for Level 6 felony attempted residential entry. Finds the state presented sufficient evidence to support the conviction.
The Court of Appeals of Indiana affirmed Wednesday a lower court’s decision to deny a motion to dismiss a claim that two restaurants negligently furnished alcohol to a driver who crashed into another vehicle, resulting in the death of another driver.
A trial court ruled correctly in granting a man’s petition to determine if he was an heir to the estate of a man who he claimed was his father, the Court of Appeals of Indiana affirmed Wednesday.