Court opinions - The Indiana Lawyer

Opinions Jan. 25, 2023

January 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

January 24, 2023 | Alexa Shrake

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

January 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

January 20, 2023 | IL Staff

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

January 20, 2023 | Alexa Shrake

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

January 20, 2023 | Jordan Morey

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.

Opinions Jan. 19, 2023

January 19, 2023

Court of Appeals of Indiana
David Joseph Guzzo, Robert Glenn Guzzo, and Betty Jo Keller v. Town of St. John, Lake County, Indiana
21A-PL-2213
Civil plenary. Reverses the Lake Superior Court’s judgment denying the Guzzo family 150% of the fair market value of their property in an eminent domain dispute. Finds the trial court erred in interpreting Indiana Code §§ 32-24-4.5-6.2 and -8. Remands to the trial court with instructions to order the town of St. John to compensate the Guzzos accordingly. Judge Margret Robb dissents with separate opinion.

Black nurse’s discrimination claims cannot overcome evidence at 7th Circuit

January 18, 2023 | Marilyn Odendahl

While acknowledging racism exists in the workplace, the 7^th Circuit Court of Appeals found a Black nurse’s claim that she was transferred to a lower-paying job solely because of her race was not supported by the evidence.

Homeowner must pay damages to contractor, but contractor not entitled to prejudgment interest, COA rules

January 18, 2023 | Jordan Morey

A contractor who sued a client after they refused to pay him despite not having a physical contract will get money damages after the Court of Appeals of Indiana denied the client relief. However, the contractor will not receive any prejudgment interest.

COA dismisses default judgment appeal, but dissent would consider merits

January 18, 2023 | Alexa Shrake

The Court of Appeals of Indiana has upheld the entry of default judgment against a pool company, dismissing its appeal of that judgment. A dissenting judge, however, would consider the case on the merits.

Indiana Court Decisions: Dec. 29, 2022-Jan. 11, 2023

January 18, 2023

Read Indiana appellate court decisions from the most recent reporting period.

The art of persuasion: Hoosier attorneys support rule change regarding memorandum decisions

January 18, 2023 | Jordan Morey

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.

Opinions Jan. 17, 2023

January 17, 2023

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.

Employee can’t sue boss after falling on ice outside boss’s house, COA affirms

January 13, 2023 | Jordan Morey

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.

7th Circuit affirms summary judgment for employer after employees abused FMLA leave

January 13, 2023 | Alexa Shrake

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 7^th Circuit Court of Appeals to reinstate his lawsuit against his employer.

Court of Appeals affirms conviction in child suffocation death

January 13, 2023 | IL Staff and Associated Press

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.

IN justices uphold murder conviction, LWOP sentence after finding child’s behavior did not provoke ‘sudden heat’

January 12, 2023 | Marilyn Odendahl

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.”

Supreme Court lets New York enforce gun law during lawsuit

January 12, 2023 | Associated Press

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.

7th Circuit revives bankruptcy collections dispute, overturns little-used ‘transfer’ precedent

January 10, 2023 | Alexa Shrake

The 7^th 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.

Split COA affirms that Army vet can’t call psychologist to testify about PTSD in murder case

January 9, 2023 | Jordan Morey

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.

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