Indiana Court Decisions: Jan. 12-25, 2023
Read Indiana appellate court decisions for the most recent reporting period.
Court opinions
Articles
Homeowner denied emotional distress damages for economic loss caused by fireworks
A Johnson County homeowner whose garage ignited after a firework hit her property in the middle of the night will not receive any damages for negligent infliction of emotional distress caused by the accident.
COA grants new post-conviction hearing after clerk error
The Court of Appeals of Indiana reversed the denial of a post-conviction relief petition on Tuesday, ordering a new hearing after subpoenas weren’t issued to two attorneys who had worked on the appellant’s case.
COA upholds stalking conviction, sentence
A man who stalked his high school crush for years despite repeated warnings has failed to convince the Court of Appeals to overturn his felony conviction or two-year sentence.
Neither tenant nor trustee of ‘fix-upper’ entitled to attorney fees, COA affirms
Neither the trust that owns a ramshackle house nor the man living on the property fixing it up will be awarded attorney fees after the Court of Appeals of Indiana affirmed Marion Superior Court rulings that placed blame on both sides.
Reversal: Personal rep can’t pursue emotional distress damages under wrongful death statute
The estate of a contractor who was shot and killed while canvassing an Indianapolis apartment complex will not receive emotional distress damages, the Court of Appeals of Indiana has ruled.
COA: Mother didn’t abandon child, consent needed for adoption
A northern Indiana mother has won a reversal on an adoption petition granted to her child’s stepmother after the Court of Appeals of Indiana concluded she did not abandon her child and her consent was required for the adoption.
Opinions Jan. 30, 2023
Court of Appeals of Indiana
Tina M. Isley v. State of Indiana
21A-CR-2837
Criminal. Affirms the denial of Tina Isley’s motion to suppress blood draw results and medical records. Finds Isley’s rights under the Fourth Amendment, Article 1, Section 11 of the Indiana Constitution and Indiana’s implied consent laws were not violated. Judge Melissa May concurs in result with separate opinion.
Former Brown Co. ice cream shop employee loses burglary appeal
A former employee of the Chocolate Moose in Nashville argued the trial court abused its discretion when it denied his motion to withdraw his guilty pleas and ordered him to pay more than $6,000 in restitution. The Court of Appeals of Indiana disagreed.
Accused rapist wins discovery victory on interlocutory appeal, but COA splits
A split Court of Appeals of Indiana has partially reversed for an accused rapist after finding the state failed to justify the disclosure of six pages of a DNA summary after the defendant introduced just one page into evidence at a deposition.
COA allows property dispute over access to lake to continue
A property dispute between neighbors will continue in the Brown Circuit Court after the Court of Appeals of Indiana overturned the dismissal of the plaintiffs’ amended complaint.
Opinions Jan. 26, 2023
7th Circuit Court of Appeals
Mark Benner v. Jesse Carlton, Chief Probation Officer of St. Joseph County, Indiana
22-1139
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division.
Judge Damon R. Leichty.
Civil. Affirms the denial of Mark Benner’s petition for collateral relief from his convictions of child seduction. Finds Indiana Code § 35-42-4-7(n) is not unconstitutionally vague.
Manslaughter conviction upheld after toxicology report excluded
The exclusion of a toxicology report did not undermine a man’s voluntary manslaughter conviction, the Court of Appeals of Indiana ruled Thursday.
Reversal: DNR officer’s false informing was ‘criminal’ act under indemnification statute
A Department of Natural Resources officer did, in fact, commit “criminal” conduct when he committed the act of false informing against a motorist who struck and killed his dog, the Court of Appeals of Indiana ruled in a Wednesday reversal.
Opinions Jan. 25, 2023
Court of Appeals of Indiana
State of Indiana, acting by and through its Department of Natural Resources v. Kailee M. Smith (now Leonard) and Jeffrey S. McQuary
22A-MI-685
Miscellaneous. Reverses the judgment in favor of Kailee Leonard on her suit against the state of Indiana for indemnification. Finds the state did not waive its challenge to the noncriminality of Officer Scott Johnson’s actions in procuring Leonard’s false arrest. Also finds the falsehood finding does not support the Marion Superior Court’s conclusion that Johnson’s actions were “noncriminal” under the indemnification statute.
Criminal recklessness conviction upheld despite constitutional violations
The Court of Appeals of Indiana affirmed a criminal recklessness conviction Tuesday despite finding that the defendant’s state and constitutional rights were violated.
Opinions Jan. 24, 2023
Keesha R. Johnson v. State of Indiana
22A-CR-427
Criminal. Affirms Keesha R. Johnson’s conviction of Class A misdemeanor criminal recklessness. Finds that the Marion Superior Court violated Johnson’s federal and state constitutions rights of confrontation when the court required the witnesses to wear masks while testifying, but the violations of Johnson’s constitutional rights were harmless.
IN justices to review child molesting, property damage cases
The Indiana Supreme Court has agreed to review a “he said, she said” child molestation case that presented an issue of first impression and a dispute between a town government and two residents whose property was flooded.
‘Abusive’ litigant who threatened judge loses speedy trial appeal
An “abusive” pro se litigant convicted of intimidation after sending threatening letters to a judge has failed to get his conviction overturned on speedy trial grounds.
COA affirms for developer in Fort Wayne construction dispute
A subcontractor that sued a developer for breach of contract regarding payment after it completed the first phase of a construction project in Fort Wayne will not get relief from the Court of Appeals of Indiana.