Indianapolis police had probable cause for a search warrant in a July 2020 case that resulted in a man’s federal felon-in-possession of a handgun charge, the 7th Circuit Court of Appeals ruled Wednesday.
The common law duty of good faith that applies to insurance does not extend to the relationship between a surety company and bond obligee, the Court of Appeals of Indiana has ruled.
Court of Appeals of Indiana
Posterity Scholar House, LP v. FCCI Insurance Company
21A-PL-2731
Civil plenary. Affirms the Allen Superior Court’s grant of FCCI Insurance Company’s motion for partial summary judgment as to Posterity Scholar House’s tortious bad faith claim. Finds the relationship between a surety and its bond obligee does not reflect the “special relationship” on which the Indiana Supreme Court relied in Erie Ins. Co. v. Hickman, 622 N.E.2d 515 (Ind. 1993). Dismisses Posterity’s appeal of the trial court’s denial of its motion for partial summary judgment as to its breach of contract claim. Finds the Court of Appeals lacks jurisdiction over the breach of contract appeal.
A Michigan insurance company does not have to cover losses of more than $7 million stemming from a July 2019 South Bend fire that destroyed a costume and theatrical supply retailer’s warehouse, the 7th Circuit Court of Appeals ruled Tuesday.
A common question among practitioners is whether they may cite memorandum decisions issued by the Court of Appeals of Indiana. The answer to that question is controlled by Appellate Rule 65.
Read Indiana appellate court decisions from the most recent reporting period.
A northwestern Indiana attorney who is already under multiple suspension orders has been suspended again from the practice of law in Indiana for at least two years without automatic reinstatement for professional misconduct.
A man convicted of multiple felonies more than 20 years ago can pursue an appeal of his 70-year sentence, a split Indiana Supreme Court has ruled. The majority determined that the delay in the appeal was not the defendant’s fault.
A student loan recipient sued for breach of contract has failed in her efforts to overturn summary judgment for the loan holder at the Court of Appeals of Indiana.
A father who signed a form giving his consent to the adoption of his child did not find relief at the Court of Appeals of Indiana in his subsequent challenge to the adoption.
Indiana Supreme Court
Charlie D. Leshore, Jr. v. State of Indiana
23S-CR-51
Criminal. Grants transfer and reverses the denial of Charlie Leshore’s post-conviction petition for permission to file a belated notice of appeal. Finds Leshore was not at fault in failing to file a timely notice of appeal. Also finds Leshore was diligent in pursuing his belated notice of appeal. Remands with instructions to let Leshore’s appeal proceed. Justice Christopher Goff dissents with separate opinion, joined by Justice Geoffrey Slaughter.
Justice Ketanji Brown Jackson has written her first majority opinion for the Supreme Court.
The Indiana Supreme Court will hear oral arguments Thursday in cases involving a couple’s negligence lawsuit against the town they live in and a man’s challenge to the exclusion of evidence in his child molesting case.
The Court of Appeals of Indiana has affirmed a man’s conviction for dealing in a controlled substance resulting in death after finding the trial court didn’t err.
Court of Appeals of Indiana
Benjamin Michael Veach v. State of Indiana
22A-CR-1431
Criminal. Affirms Benjamin Veach’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the state proved the offense beyond a reasonable doubt. Also finds the Huntington Superior Court did not err in denying Veach’s motion for judgment on the evidence. Finally, finds the trial court did not abuse its discretion in instructing the jury.
Court of Appeals of Indiana
Jennifer Lynn Goetz v. James Lawrence Franklin Goetz (mem. dec.)
22A-DC-1135
Domestic relations with children. Affirms the Hendricks Superior Court’s decree of dissolution of marriage, child custody, parenting time and child support order and order dividing the marital estate of Jennifer and James Goetz. Finds the trial court did not abuse its discretion by excluding the military pension from the martial pot, allocating marital assets or awarding parenting time.
The Court of Appeals of Indiana has affirmed a Marion Superior Court’s decision to grant summary judgment to Franciscan Health – Indianapolis in a dispute involving the plaintiffs’ medical records.
Court of Appeals of Indiana
Timothy Stark v. State of Indiana
21A-PL-805
Civil plenary. Affirms the Marion Superior Court’s judgment against Timothy Stark in an action brought by the state of Indiana against Wildlife in Need and Wildlife in Deed Inc. Finds the trial court’s conclusion that Stark is personally liable for funds and assets misappropriated from WIN is not clearly erroneous.
The owner of a now-defunct southern Indiana roadside zoo featured in Netflix’s “Tiger King” is liable for the funds he misappropriated from the zoo’s underlying nonprofit, the Court of Appeals of Indiana has affirmed.
The Supreme Court of the United States ruled Wednesday for a man on Arizona’s death row who wants a new sentencing hearing because jurors in his case were wrongly told that the only way to ensure he would never walk free was to sentence him to death.