The relatively few words tacked onto the end of Indiana Rule of Appellate Procedure 65(D) were the result of nearly a decade’s worth of effort by Hoosier lawyers.
Court of Appeals of Indiana
Amy Osadchuk v. Charles P. Rice and Boveri Murphy Rice, LLP
22A-CT-1068
Civil tort. Affirms the St. Joseph Superior Court’s order to grant Charles Rice and his law firm’s motion for judgment on the pleadings. Finds Amy Osadchuk’s complaint alleging legal malpractice, fraud, constructive fraud and attorney deceit and collusion was time-barred.
A businesswoman who was sued after one of her employees injured herself on the sidewalk outside of her home can’t be blamed for the icy conditions that led to her fall, the Court of Appeals of Indiana has affirmed.
A husband who was suspended from work along with his wife after they were accused of misusing FMLA leave has failed in his bid to convince the 7th Circuit Court of Appeals to reinstate his lawsuit against his employer.
The Court of Appeals of Indiana has upheld the murder conviction of a Gary woman who admitted that she fatally smothered her 1-year-old foster child in her crib in 2017.
The Indiana Supreme Court has affirmed the murder conviction and life without parole sentence of a Grant County woman, finding the child victim’s behavior did not cause adequate provocation to support the defendant’s claim she acted in “sudden heat.”
New York can for now continue to enforce a sweeping new law that bans guns from “sensitive places” including schools, playgrounds and Times Square, the U.S. Supreme Court said Wednesday, allowing the law to be in force while a lawsuit over it plays out.
The 7th Circuit Court of Appeals has revived a bankruptcy collections dispute, remanding the case to resolve a trustee’s petition to recover funds paid to a creditor. In doing so, the appellate court overturned a 39-year-old precedent.
A U.S. Army combat veteran who was stationed at Fort Hood, Texas, on the day of the 2009 mass shooting cannot call a psychologist to testify about his post-traumatic stress disorder in his murder trial, the Court of Appeals of Indiana has ruled.
The Court of Appeals of Indiana has reversed a trial court’s custody order barring a father from discussing religion with his daughter.
Court of Appeals of Indiana
Kory Easterday v. Amber (Easterday) Everhart
22A-DC-1510
Domestic relations with children. Reverses in part the Jackson Superior Court’s decision to modify the legal custody of Ka.E., the child of father Kory Easterday and mother Amber Everhart. Finds Easterday demonstrated prima facie error. Also finds the trial court erred when it based the modification of legal custody solely on religion. Finally, finds the portion of the trial court’s order totally prohibiting Easterday from discussing religion with Ka.E. violates his First Amendment right to free speech.
The Indiana Supreme Court has ruled in favor of Vectren energy, finding it followed state law when it changed its method of determining the credit its customers receive when producing excess solar and wind energy.
Indiana Supreme Court
Indiana Office of Utility Consumer Counselor, Citizens Action Coalition of Indiana, Inc., Vote Solar, Environmental Law & Policy Center, Solarize Indiana, Inc., Solar United Neighbors, and Indiana Distributed Energy Alliance v. Southern Indiana Gas and Electric Company and Indiana Utility Regulatory Commission
22S-EX-00166
Agency action. Affirms the Indiana Utility Regulatory Commission’s approval of Southern Indiana Gas and Electric Company’s petition for approval of its new instantaneous netting method determining the amount of credit its customers receive for their excess distributed generation of electricity. Finds the commission properly held that Vectren’s instantaneous netting method is not contrary to law and satisfies the requirements in Indiana Code § 8-1-40-5. Justice Christopher Goff concurs in result without separate opinion. Justice Derek Molter did not participate.
Read Indiana appellate court decisions from the most recent reporting period.
A man who previously convinced the Court of Appeals of Indiana to reduce his burglary conviction and sentence failed Wednesday in his second sentencing appeal.
The Court of Appeals of Indiana has overturned two Level 1 felony child molesting convictions in favor of lower-level felonies, citing insufficient evidence to support the more severe charges.
Court of Appeals of Indiana
Fredrick Austin v. State of Indiana
22A-CR-1240
Criminal. Reverses Fredrick Austin’s convictions of two counts of Level 1 felony child molesting. Finds the evidence is insufficient to support the convictions. Remands with instructions to replace the two Level 1 felony convictions with two convictions of Level 4 felony child molesting and to resentence Austin accordingly.
The Indiana Supreme Court is amending the appellate rules to allow litigants to cite to memorandum decisions for “persuasive value,” a change the Appellate Practice Section of the Indianapolis Bar Association has been advocating for since 2013.
A physician’s assistant at St. Vincent Medical Group who received the COVID-19 vaccine after her employer mandated it but sued alleging federal civil rights violations has failed to secure relief from a federal court, which dismissed her complaint.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
United States of America v. Thomas Jones, et al.
20-1405, 20-1442, 20-2112, 20-2304, 20-2420, 20-2458, 20-2462, 20-2498, 20-2499, 20-3266, 21-1002
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney, II.
Criminal. Affirms all challenged drug-related convictions for Pierre Riley, Reggie Balentine, Michael O’Bannon, Michael Jones, Jason Reed, Shaun Myers, Perry Jones, Thomas Jones, Derrick Owens and Antwon Abbott. Affirms all defendant-appellants’ sentences except that of Thomas Jones. Finds no reversible error except as to the imposition of a two-level firearm enhancement to Thomas’ sentence. Remands Thomas’ case for resentencing. Judge Thomas Kirsch dissents in part with separate opinion.