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.
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.
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.
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.
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.
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.
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.
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.
The exclusion of a toxicology report did not undermine a man’s voluntary manslaughter conviction, the Court of Appeals of Indiana ruled Thursday.
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.
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.
The Court of Appeals of Indiana affirmed a criminal recklessness conviction Tuesday despite finding that the defendant’s state and constitutional rights were violated.
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.
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.
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.
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.
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.
While acknowledging racism exists in the workplace, the 7th 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.
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.
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.