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.
Court opinions
Articles
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.
Opinions April 25, 2023
Joshua D. Clark v. State of Indiana
22A-CR-2421
Criminal. Affirms the Hendricks Superior Court’s denial of Joshua Clark’s request for a jury instruction on the defense of entrapment. Finds the evidence does not indicate a civilian group was an apparent agent of law enforcement. Also finds Clark was not predisposed to commit child solicitation.
Opinions April 24, 2023
Court of Appeals of Indiana
Katrina Louise Fouts v. State of Indiana
22A-CR-917
Criminal. Affirms Katrina Fouts’ convictions on conspiracy to commit murder and failure to report human remains charges. Finds the state presented sufficient evidence to support Fouts’ convictions and that the Hamilton Superior Court did not abuse its discretion in admitting evidence in the case. Also finds the state’s closing argument did not amount to fundamental error.
Opinions April 21, 2023
Douglas Housemeyer and Diane Housemeyer v. Kurt W. Babcock (mem. dec.)
22A-CT-02169
Civil tort. Affirms Hamilton Superior Court’s denial of Douglas Housemeyer and Diane Housemeyer motion to correct error affirming the jury’s verdict. Finds the trial court did not abuse its discretion in denying appellant’s motion to correct error and by affirming the jury’s verdict which awarded zero dollars in damages.
Opinions April 20, 2023
Jordan M. Knudson v. State of Indiana (mem. dec.)
22A-CR-01758
Criminal. Affirms Jordan Knudson’s conviction for murder and his sentence of 65 years. Finds the Ripley Circuit Court did not abuse its discretion by denying his request for a mistrial or by improperly finding two sentencing aggravators. Also finds his sentence is not inappropriate.
Suspected drug dealer who used alias to rent condo wins reversal at 7th Circuit
Although he had used an alias to hide from law enforcement and rent a condo, law enforcement did not have the right to search a suspected drug dealer’s residence with only his landlord’s consent, the 7th Circuit Court of Appeals has ruled.
Would-be Republican candidate in 2022 primary failed to preserve suit for review, COA rules
A would-be Republican candidate in the May 2022 primary failed to preserve his lawsuit for appellate review, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision. The Court of Appeals also ruled other claims were moot.
COA upholds admission of blood draw, lay testimony in OWI case
A driver who injured a motorcyclist during a pursuit has failed to convince the Court of Appeals of Indiana to throw out his OWI conviction on evidentiary grounds.
$11K sanction for unemployment fraud not excessive, 7th Circuit affirms
A woman who failed to report part-time income on her unemployment applications didn’t get an excessive sanction when she was required to repay $11,190 to the state, the 7th Circuit Court of Appeals ruled Tuesday.
Opinions April 19, 2023
Ashton L. Geimer v. Donald Braun, et al. (mem. dec.)
22A-CC-2680
Civil collections. Affirms the negative judgment against Ashton Geimer on her counterclaim against Donald and Linda Braun for trespass to personal property. Finds the judgment denying Geimer’s counterclaim is not clearly erroneous. Declines to award additional appellate attorney fees.
IN Supreme Court to hear oral arguments in wind turbine, adoption cases
The Indiana Supreme Court is set to hear two oral arguments next week involving a wind turbine access dispute and a challenge to an adoption proceeding.
Opinions April 18, 2023
Court of Appeals of Indiana
Andrea Armour v. State of Indiana (mem. dec.)
22A-CR-2407
Criminal. Affirms the revocation of Andrea Armour’s probation. Finds the Hendricks Circuit Court did not abuse its discretion.