Court opinions - The Indiana Lawyer

Opinions Feb. 6, 2023

February 6, 2023

Court of Appeals of Indiana
Trevor Kentrell Bowie v. State of Indiana
22A-CR-1149
Criminal. Affirms Trevor Bowie’s convictions of Level 1 felony attempted murder, Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 6 felony resisting law enforcement, Level 6 felony theft of a firearm, Class A misdemeanor possession of marijuana and Class B misdemeanor disobeying a declaration of a disaster emergency, and the jury’s verdicts that he is a habitual offender and was eligible for a firearm enhancement. Finds Bowie knowingly, intelligently and voluntarily waived his right to counsel. Also finds Bowie has failed to establish that the defective attempted murder charge merits reversal.

Evidentiary arguments fail to overturn child molesting conviction at COA

February 6, 2023 | Alexa Shrake

A man convicted of child molesting will not get relief from the Court of Appeals of Indiana, which rejected his evidentiary arguments and his claim of prosecutorial misconduct.

Pro se litigant loses appeal of convictions for pointing gun at police

February 6, 2023 | Olivia Covington

A man convicted after pointing a gun at police failed to convince the Court of Appeals of Indiana that he should not have been allowed to proceed pro se. While the COA agreed that an attempted murder charge was improper, it did not find fundamental error.

7th Circuit vacates summary judgment for prison defendants after inmate alleges sexual assault

February 6, 2023 | Alexa Shrake

An inmate who claims he was sexually assaulted after being forced to undergo a blood draw will get another chance to pursue his case after the 7^th Circuit Court of Appeals vacated summary judgment for the defendants.

Federal appeals court strikes down domestic violence gun law

February 3, 2023 | Associated Press

A federal appeals court ruled Thursday that the government can’t stop people who have domestic violence restraining orders against them from owning guns.

IN justices provide clarity on discretionary interlocutory appeals in opinion

February 2, 2023 | Jordan Morey

In the second published opinion written by Indiana Supreme Court Justice Derek Molter on Wednesday, justices addressed a procedural issue regarding discretionary interlocutory appeals and orders in limine.

Evidence supports neglect conviction after infant suffers ‘non-accidental trauma’

February 2, 2023 | Jordan Morey

An Indiana man who was in charge of his girlfriend’s infant grandson when the child was injured will not get relief from his felony conviction from the Court of Appeals of Indiana.

COA: Order to enforce settlement doesn’t provide for interest

February 2, 2023 | Jordan Morey

A man who received $18,000 to settle a judgment lien dispute is not entitled to interest, the Court of Appeals of Indiana has affirmed.

In Molter’s 1st opinion, Supreme Court reverses manslaughter conviction after voir dire error

February 2, 2023 | Alexa Shrake

The Indiana Supreme Court reversed an involuntary manslaughter conviction Wednesday and ordered a new trial after finding the trial court erred by not allowing defense counsel to directly voir dire prospective jurors.

7th Circuit: Employer suing union after strikes not required to arbitrate

February 1, 2023 | Jordan Morey

An employer suing an employee union after the employees twice went on strike won’t be required to take its claims to arbitration.

State’s abortion ban reaches Indiana Supreme Court on constitutional question: Opposing sides vow to continue fighting after ruling

February 1, 2023 | Olivia Covington

After a whirlwind of judicial and legislative activity, Hoosiers could soon have resolution on the question of abortion in Indiana.

Maley: Notable January rulings from Indiana federal judges

February 1, 2023 | John Maley

During January, Indiana federal judges issued multiple informative opinions on common procedural issues.

Indiana Court Decisions: Jan. 12-25, 2023

February 1, 2023

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

Homeowner denied emotional distress damages for economic loss caused by fireworks

January 31, 2023 | Jordan Morey

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

January 31, 2023 | Alexa Shrake

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

January 31, 2023 | Alexa Shrake

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

January 30, 2023 | Jordan Morey

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

January 30, 2023 | Jordan Morey

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

January 30, 2023 | Jordan Morey

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

January 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.

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