COA: Trial court erred by forbidding father’s discussion of religion with child
The Court of Appeals of Indiana has reversed a trial court’s custody order barring a father from discussing religion with his daughter.
Court opinions
Articles
Opinions Jan. 6, 2023
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.
Justices reinstate Vectren’s ‘instantaneous netting’ method for crediting excess energy production
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.
Opinions Jan. 4, 2023
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.
Indiana Court Decisions: Dec. 15-28, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Appellate court rejects 2nd burglary sentence appeal after previously ordering resentencing
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.
COA tosses Level 1 felony child molesting convictions, orders entry of Level 4 felonies on remand
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.
Opinions Dec. 28, 2022
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.
Appellate rule change will enable litigants to cite ‘persuasive’ memorandum opinions
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.
District court dismisses vaccine mandate complaint from already-vaccinated St. Vincent employee
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.
Opinions Dec. 23, 2022
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.
7th Circuit affirms convictions in wide-ranging drug conspiracy, splits over resentencing
The 7th Circuit Court of Appeals has affirmed convictions and sentences in a wide-ranging challenge to a drug conspiracy case, affirming against the 10 defendants in all instances except one sentencing challenge. That one reversal prompted a dissent.
Appellate court rejects Brady claim but rebukes state for not disclosing witness’s complete criminal history
While the Court of Appeals of Indiana agreed with the state that the withholding of evidence about a witness was “negligible, at best” in a trial that ended with a murder conviction, it admonished the prosecutors for failing to disclose.
COA finds Indiana Evidence Rule 703 allows nurse’s testimony in child abuse case
A Marion County man convicted of abusing his infant son failed to get a nurse’s testimony thrown out as hearsay.
Split COA affirms for out-of-state uninsured motorist, but dissent points to recent statutory amendment
A repeat uninsured motorist from Illinois who sued for damages after a Lake County car accident can continue to pursue noneconomic damages, the Court of Appeals of Indiana has affirmed.
7th Circuit orders East Chicago to restore firefighters’ schedule, but judge warns of infringement on democracy
In a dispute between the mayor of East Chicago and the local firefighters union that opposes him, the 7th Circuit Court of Appeals agreed that the city violated the firefighters’ First Amendment rights.
Opinions Dec. 22, 2022
Court of Appeals of Indiana
Michael Bass Chatman v. State of Indiana
22A-CR-934
Criminal. Affirms Michael Bass Chatman’s conviction of Level 3 felony aggravated battery resulting in serious bodily injury to a person less than 14 years old. Finds the testimony by the pediatric nurse practitioner was not inadmissible hearsay under Indiana Evidence Rule 703.
Indiana Court Decisions: Dec. 1-14, 2022
Read Indiana appellate court decisions from the latest reporting period.
Judicial or legislative? COA continues to face gender-marker cases, asks justices to step in
Can a Hoosier change his or her birth certificate to reflect his or her preferred gender marker? Depends on which Court of Appeals of Indiana judge you ask.
COA finds ‘extraordinary circumstances’ in spousal support, Medicaid dispute between wife, FSSA
The Indiana Family and Social Services Administration has prevailed before the Court of Appeals of Indiana in a dispute with a woman whose spousal support order increased the amount of Medicaid funding her incapacitated husband received.