IN justices take med-mal, delinquency cases
The Indiana Supreme Court granted transfer to two cases out of 22 last week, including a medical malpractice case and a juvenile delinquency adjudication voided by the Court of Appeals of Indiana.
Court opinions
Articles
Opinions May 2, 2023
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
United States of America v. William G. Curtis
21-2615
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge James T. Moody.
Criminal. Affirms the district court’s decision to refuse consideration of resentencing William G. Curtis for firearms-related sentences under the Fair Step Act. Finds a district court does have authority under the act to reduce an aggregate sentence, even if part of the sentence rests on offenses that are not covered by the act nor grouped with a covered offense. Also finds the district court’s error in assuming it lacked authority was harmless. Finally, finds Curtis’ consecutive sentences for firearms-related convictions were distinct and disaggregated from his drug conspiracy-related sentences.
District court correct in declining to reduce sentence for gun offenses, 7th Circuit affirms
A district court ruled correctly when it declined to impose a reduced sentence for a convicted drug trafficker’s gun-related offenses, the 7th Circuit Court of Appeals affirmed Monday.
Opinions May 1, 2023
Court of Appeals of Indiana
Ty Evans v. State of Indiana
22A-PC-220
Post-conviction relief. Reverses the post-conviction court’s denial of relief to Ty Evans and remands to the court with instructions to issue an amended abstract of judgment consistent with the opinion. Finds Evans demonstrated that he was not a habitual offender under the laws of the state and that his two convictions did not in fact occur in the required order.
Man secures reversal after trial court denies successive PCR petition in attempted murder case
A man whose attempted murder sentence was enhanced by 30 years has secured a post-conviction reversal in his favor, with the Court of Appeals of Indiana focusing on the chronological order of two convictions underlying a habitual offender enhancement.
Opinions April 28, 2023
Court of Appeals of Indiana
Matthew G. Cranfill, as Personal Representative of the Estate of Josephine F. Cranfill, Deceased v. State of Indiana Department of Transportation
22A-CT-2062
Civil tort. Affirms the Putnam Circuit Court’s grant of summary judgment in favor of the Indiana Department of Transportation. Finds the department’s failure to lower the speed limit on State Rode 267 involved the “adoption and enforcement of or failure to adopt or enforce” a rule and/or regulation, so under the Indiana Tort Claims Act, the department is immune from liability from Cranfill’s claims.
Double jeopardy rights weren’t violated in aggravated battery case, but credit was miscalculated
A man convicted for the death of his infant son didn’t have his double jeopardy rights violated when both of his charges were elevated to Level 1 felonies. But the appellate court reversed the man’s sentencing order for an improper calculation of credit.
SCOTUS once again considering challenge to IN fetal disposition abortion law
Today’s conference of the U.S. Supreme Court is scheduled to include discussion about whether the justices should once again consider a case challenging a law governing the disposal of aborted fetal remains in Indiana.
Illuminated blue lights ‘on’ private vehicles are only for volunteer firefighters, COA rules
Writing on a “clean slate,” the Court of Appeals of Indiana has affirmed a finding that a man who had blue lights on the inside of his car committed an infraction.
COA: INDOT immune from liability in woman’s traffic death at Hendricks Co. intersection
The Indiana Department of Transportation is immune from liability in a case involving a woman killed in a collision at an intersection, the Court of Appeals of Indiana has affirmed.
Woman’s 30-year manslaughter sentence appropriate, COA affirms
A woman’s 30-year sentence for voluntary manslaughter is appropriate given the nature of the offense and her criminal history, the Court of Appeals of Indiana affirmed Friday.
Protection order properly dismissed after transfer, COA affirms
A magistrate judge did not err in dismissing a protection order previously granted by a different court, the Court of Appeals of Indiana has affirmed.
7th Circuit again reverses judgment for sex offenders who challenged registration requirement
Requiring sex offenders who are already subject to registration elsewhere to also register in Indiana rationally promotes public safety, the 7th Circuit Court of Appeals has ruled in reversing a district court’s judgment.
7th Circuit asks IN Supreme Court to consider dispute about corporate contributions to PACs
The 7th Circuit Court of Appeals is asking the Indiana Supreme Court to consider whether state law prohibits or otherwise limits corporate contributions to political action committees or other entities that engage in independent campaign-related expenditures.
Man did not have standing, suffer concrete injuries in debt collection case, 7th Circuit affirms
An Indiana man did not have standing to sue a collection agency and the company’s letters did not cause him any concrete injury, a split 7th Circuit Court of Appeals ruled Wednesday.
Opinions April 27, 2023
7th Circuit Court of Appeals
Brian Hope, et al. v. Commissioner of Indiana Department of Correction, et al.
22-2150
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Richard L. Young.
Civil. Reverses the district court’s grant of summary judgment for plaintiffs. Finds requiring offenders who are already subject to the burdens of registration elsewhere rationally promotes public safety through the maintenance of a sex-offender registry that is as complete as the Indiana Constitution permits.
Opinions April 26, 2023
William Scott Miles v. State of Indiana (mem. dec.)
22A-CR-2318
Criminal. Affirms William Miles’ convictions and sentence for Class A felony child molesting and Class B felony sexual misconduct with a minor. Finds even if the Hendricks Superior Court erred in admitting evidence, the error would have been harmless. Also finds the 40-year sentence is not inappropriate.
Schrager: A pithy comment, a successful conclusion and observations
The inspiration for this article comes from disconnected events that range from an offhand and whimsical comment made by a law school professor in 1978 to a highly contested seven-year litigation that the Indiana Supreme Court seems to have finally ended.
Indiana Court Decisions: April 6-19, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Man can be tried in 2nd case involving kidnapping incident, COA affirms in ruling
A trial court can prosecute a Lake County man for a second case that involved alleged criminal acts against his girlfriend and another man, the Court of Appeals of Indiana affirmed in an opinion Thursday.