Indiana Court Decisions: Jan. 26-Feb. 8, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Evicted tenant wins reversal for due process violation
A Housing Authority of South Bend tenant was deprived of her right to due process when she was not allowed to present her pro se defense during her eviction hearing, the Court of Appeals of Indiana has ruled.
Opinions Feb. 14, 2023
Court of Appeals of Indiana
Darleana Johnson v. Housing Authority of South Bend
22A-EV-1751
Eviction. Reverses the order evicting Darleana Johnson. Finds the ejectment statute does not apply to the instant matter. Also finds Johnson was deprived of her constitutional right to due process. Remands for further proceedings.
Appellate court splits in affirming OWI conviction
An Adams County sheriff’s deputy did not violate a motorcyclist’s rights when the deputy charged him with operating a vehicle while intoxicated after stopping him for a different violation, the Court of Appeals of Indiana has ruled.
Department of Revenue nets partial victory in R&D tax dispute
The Indiana Tax Court has affirmed the Indiana Department of State Revenue’s decisions about the amount of sales tax that a pharmaceutical research firm owes on its research-and-development-related utility purchases.
COA affirms denial of motion to suppress
The Court of Appeals of Indiana has affirmed the denial of a motion to suppress on interlocutory appeal in a drug case stemming from a traffic stop.
COA finds judicial bias, reverses summary judgment after judge declares civil litigation in Indiana is ‘broken’
After the trial court judge issued a scathing opinion declaring Indiana’s civil litigation system was “broken,” the Court of Appeals of Indiana has reversed summary judgment in the underlying negligence case, finding the judge was biased.
Opinions Feb. 13, 2023
Court of Appeals of Indiana
Penny Chappey and Gregory Chappey v. Joseph Paul Storey and Complete Auto & Tire, LLC
22A-CT-979
Civil tort. Reverses summary judgment for the defendants on Penny Chappey’s negligence complaint. Finds the Carroll Circuit Court judge was biased. Also finds there is a genuine issue of material fact that precludes the entry of summary judgment. Remands with instructions that the plaintiffs are entitled to a new judge.
Indiana Repertory Theatre again loses bid for COVID-related ‘physical loss’ coverage
The Court of Appeals of Indiana has once again rejected a request by the Indiana Repertory Theatre to hold that COVID-related closures during the height of the pandemic equated to “physical loss” under the theater’s insurance policy.
COA remands for reexamination of criminal cash forfeiture
The Court of Appeals of Indiana has ordered a trial court to reexamine a criminal forfeiture after granting the defendant’s motion for relief from the forfeiture, then granting the state’s motion reinstating it.
Opinions Feb. 10, 2023
Court of Appeals of Indiana
Tyson Eminger v. State of Indiana
22A-CR-1077
Criminal. Reverses the Noble Superior Court’s order granting the state’s motion for relief from judgment under Trial Rule 60(B)(8). Finds the trial court erred. Remands with instructions.
COA affirms prejudgment interest on reduced jury verdict
A trial court properly awarded interest on a reduced jury verdict, not the original verdict amount, the Court of Appeals of Indiana has ruled, pointing to the parties’ pretrial stipulation.
COA finds no error, constitutional violation in affirming domestic violence convictions
The Court of Appeals of Indiana has affirmed a man’s multiple convictions stemming from a domestic violence incident, determining there was no error or constitutional violation.
Opinions Feb. 9, 2023
Court of Appeals of Indiana
Richard D. Talbott v. State of Indiana
21A-CR-2625
Criminal. Affirms Richard Talbott’s convictions of Level 3 felony criminal confinement, Level 3 felony aggravated battery, Level 6 felony strangulation and Class A misdemeanor domestic battery. Finds the Jefferson Circuit Court did not err in denying Talbott’s motion for discharge under Criminal Rule 4(B). Also finds Talbott’s right to a speedy trial was not violated. Finally, finds the criminal information alleging Talbott committed criminal confinement adequately informed him of the charge, and the state presented sufficient evidence.
‘Confusing’ jury instruction leads to reversal of child molesting conviction
The July 2014 revision to Indiana’s criminal code has resulted in the Court of Appeals of Indiana vacating a child molesting conviction after finding that a jury instruction straddling both sides of the date of the revision could have confused jurors.
Opinions Feb. 8, 2023
Court of Appeals of Indiana
Chad A. Keister v. State of Indiana
22A-CR-1531
Criminal. Reverses in part Chad Keister’s conviction of two counts of child molesting, one as a Class C felony and one as a Level 4 felony. Finds the Warrick Circuit Court gave a jury instruction that was not supported by the evidence, which prejudiced Keister’s substantial rights. Remands with instructions to vacate Keister’s conviction of Count II and issue a new sentencing order on Count I only.
COA reverses contempt finding, awards credit time to appellant
The Court of Appeals of Indiana has reversed a contempt finding and ordered that the defendant be awarded credit time for the 28 days she spent in custody for contempt of court.
Opinions Feb. 7, 2023
Court of Appeals of Indiana
Toni Knowles v. State of Indiana
22A-CR-2133
Criminal. Reverses the Noble Circuit Court’s declaration that the 28 days Toni Knowles had spent in jail would not be attributable to her seven-year sentence but instead would be counted as day spent in contempt of court. Finds the trial court’s finding of contempt is not sustainable under a theory of direct or indirect contempt. Remands with instructions to award Knowles 28 days along with good-time credit to which she may be entitled for those day as credit toward her seven-year sentence.
Sex trafficker loses constitutional arguments after cellphones seized in law enforcement ‘ruse’
An Illinois man who trafficked a teenage girl across state lines has failed to convince the Court of Appeals of Indiana that his constitutional rights were violated during the investigation into the trafficking scheme in the Hoosier State.
Opinions Feb. 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.