The Court of Appeals of Indiana has overturned a man’s felony reckless homicide conviction, finding the trial court erred in excluding evidence that the victim was using her phone at the time of the fatal vehicle crash.
Court of Appeals of Indiana
Jennifer L. Tutt v. Evansville Police Department
22A-MI-1723
Miscellaneous. Reverses the entry of summary judgment for the Evansville Police Department on Jennifer L. Tutt’s complaint alleging the department violated the Indiana Access to Public Records Act. Finds Title 9 of Indiana Code allows a fee to inspect an accident report, but it does not authorize a fee to inspect the report. Remands for the Vanderburgh Superior Court to enter summary judgment for Tutt.
Police departments cannot charge citizens a fee to “inspect,” rather than “obtain,” accident reports, the Court of Appeals of Indiana has ruled, ordering the Evansville police to allow a woman to inspect such a report at no charge.
The 7th Circuit Court of Appeals has affirmed a man’s unlawful possession of a firearm conviction and sentence after a gun was found in his vehicle during a traffic stop.
Court of Appeals of Indiana
James D. Smiley v. State of Indiana (mem. dec.)
22A-CR-2269
Criminal. Affirms James Smiley’s advisory sentence of three years for Level 5 felony possession of methamphetamine. Finds the Parke Circuit Court did not err in considering mitigators.
Court of Appeals of Indiana
Timothy Marcus Mayberry v. Indiana Department of Corrections, et al. (mem. dec.)
22A-CT-2482
Civil tort. Affirms and reverses in part the denial of Timothy Marcus Mayberry’s complaint against the Indiana Department of Correction and four unnamed prison officials/employees, and the denial as moot of his motion for appointment of counsel. Finds the Sullivan Circuit Court erred in dismissing Mayberry’s tort claim against DOC. Also finds the trial court did not err in dismissing Mayberry’s claims against the unnamed DOC employees in their individual capacities. Finally, finds the trial court must consider Mayberry’s motion for appointment of counsel on remand.
Court of Appeals of Indiana
R.M. v. Indiana Department of Child Services
22A-XP-1661
Expungement petition. Affirms the denial of R.M.’s motion to correct error, filed after the Sullivan Circuit Court denied her petition to expunge the child in need of services and Department of Child Services records concerning her 2013 involvement with DCS. Finds the trial court did not abuse its discretion because R.M. did not show that the records had insufficient current probative value to justify their retention by DCS for future reference.
A mother whose children were removed and eventually adopted after living in “deplorable” conditions under her care has failed to convince the Court of Appeals of Indiana that the underlying child welfare reports about her should be expunged.
A utility lawsuit dealing with rates for solar customers traveled all the way up to the Indiana Supreme Court, which ruled in favor of a major Indiana utility.
Read Indiana appellate court decisions from the most recent reporting period.
A Housing Authority of South Bend tenant was deprived of her right to due process when she was not allowed to present her pro se defense during her eviction hearing, the Court of Appeals of Indiana has ruled.
Court of Appeals of Indiana
Darleana Johnson v. Housing Authority of South Bend
22A-EV-1751
Eviction. Reverses the order evicting Darleana Johnson. Finds the ejectment statute does not apply to the instant matter. Also finds Johnson was deprived of her constitutional right to due process. Remands for further proceedings.
An Adams County sheriff’s deputy did not violate a motorcyclist’s rights when the deputy charged him with operating a vehicle while intoxicated after stopping him for a different violation, the Court of Appeals of Indiana has ruled.
The Indiana Tax Court has affirmed the Indiana Department of State Revenue’s decisions about the amount of sales tax that a pharmaceutical research firm owes on its research-and-development-related utility purchases.
The Court of Appeals of Indiana has affirmed the denial of a motion to suppress on interlocutory appeal in a drug case stemming from a traffic stop.
After the trial court judge issued a scathing opinion declaring Indiana’s civil litigation system was “broken,” the Court of Appeals of Indiana has reversed summary judgment in the underlying negligence case, finding the judge was biased.
Court of Appeals of Indiana
Penny Chappey and Gregory Chappey v. Joseph Paul Storey and Complete Auto & Tire, LLC
22A-CT-979
Civil tort. Reverses summary judgment for the defendants on Penny Chappey’s negligence complaint. Finds the Carroll Circuit Court judge was biased. Also finds there is a genuine issue of material fact that precludes the entry of summary judgment. Remands with instructions that the plaintiffs are entitled to a new judge.
The Court of Appeals of Indiana has once again rejected a request by the Indiana Repertory Theatre to hold that COVID-related closures during the height of the pandemic equated to “physical loss” under the theater’s insurance policy.
The Court of Appeals of Indiana has ordered a trial court to reexamine a criminal forfeiture after granting the defendant’s motion for relief from the forfeiture, then granting the state’s motion reinstating it.
Court of Appeals of Indiana
Tyson Eminger v. State of Indiana
22A-CR-1077
Criminal. Reverses the Noble Superior Court’s order granting the state’s motion for relief from judgment under Trial Rule 60(B)(8). Finds the trial court erred. Remands with instructions.