A Bargersville man will have another chance to convince a jury he wasn’t trying to kill a police officer when he drunkenly fired a handgun in his apartment complex after the officer arrived on scene.
The U.S. Supreme Court on Monday rejected an appeal seeking to give people born in American Samoa U.S. citizenship.
Court of Appeals of Indiana
Z.T. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
22A-EX-1360
Agency action. Affirms the Review Board of the Indiana Department of Workforce Development’s dismissal of Z.T.’s appeal of an administrative law judge’s denial of her unemployment claim on the basis that she left employment without good cause in connection with the work. Finds Z.T. filed her appeal with the review board well beyond 15 days following notification of the ALJ’s decision, so the board had no jurisdiction to review that decision and thus properly dismissed Z.T.’s untimely appeal.
Three Gary men intertwined in a major drug ring did not sway the 7th Circuit Court of Appeals from affirming their convictions and decadeslong sentences on Friday.
Court of Appeals of Indiana
James Stephens v. The Honorable Peggy Ryan Hart, Magistrate
22A-MI-1301
Miscellaneous. Affirms the dismissal of James Stephens’ claims against Marion Superior Magistrate Judge Peggy Hart regarding his denial of petition for post-conviction relief. Finds the claims were subject to dismissal based on absolute judicial immunity. Also finds Stephens’ waived argument that the trial court magistrate judge lacked authority to dismiss his complaint is not well-taken. Finally, finds Stephens has waived any constitutional challenge to the statute granting magistrate judges the authority to enter final appealable orders.
Court of Appeals of Indiana
Shane E. Ehr v. State of Indiana (mem. dec.)
22A-CR-496
Criminal. Affirms Shane E. Ehr’s conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds the Jay Superior Court did not err when it denied Ehr’s motion to dismiss because lost photographs from the incident were not materially exculpatory. Also finds the photographs might have been potentially useful, but Ehr made no showing the state destroyed them in bad faith.
An Indianapolis heroin dealer who had already convinced the 7th Circuit Court of Appeals once to reduce his prison time has failed to persuade the judges to shave more time off his sentence.
A lawsuit filed against the NCAA presented an issue of first impression and prompted the Indiana Supreme Court to develop a framework for trial courts to use when deciding discovery disputes involving executives or high-ranking officials in an organization.
Read Indiana appellate court decisions from the latest reporting period.
While a Monroe County couple convinced the Court of Appeals of Indiana that a trial court misapplied the state’s product-liability statute in their case, that ruling still didn’t win them any relief for the allegedly defective decks at their home.
Court of Appeals of Indiana
Gene DeVane and Gladys DeVane, Husband and Wife v. Arch Wood Protection, Inc., a Lonza Company, Osmose, Inc., n/k/a Koppers Performance Chemicals Inc., Chemical Specialties, Inc., n/k/a Venator Materials PLC
22A-CT-233
Civil tort. Affirms the dismissal with prejudice of Gene and Gladys DeVane’s complaint against Arch Wood Protection Inc., Koppers Performance Chemicals Inc. and Venator Materials PLC seeking the replacement of their decks. Finds the Monroe Circuit Court erred by dismissing the complaint based on the product-liability statute of repose because the DeVanes have alleged no past or existing physical harm. Also finds the DeVanes have not established that “equitable remediation” is a valid cause of action, nor have they identified any other statutory or common-law cause of action that might be viable here.
A woman whose medical diagnosis was mailed to the wrong person and then shared on social media may proceed with part of her suit against Community Health Network, the Court of Appeals of Indiana has ruled, finding genuine issues of material fact remain.
A West Virginia mother whose children were taken into emergency custody in Indiana could not convince the Court of Appeals of Indiana that the adjudication of her kids as children in need of services was the wrong decision.
A federal appeals court Wednesday ordered a lower court review of Biden administration revisions to a program preventing the deportation of hundreds of thousands of immigrants brought into the United States as children.
The Colorado baker who won a partial Supreme Court victory after refusing to make a gay couple’s wedding cake is challenging a separate ruling that he violated the state’s anti-discrimination law by refusing to make a cake celebrating a gender transition.
An Indiana man wasn’t wrongfully ordered to register under the Sex and Violent Offender Registration Act by a juvenile court after he turned 18, a split Court of Appeals of Indiana panel has concluded.
Court of Appeals of Indiana
A.R. v. State of Indiana
22A-JV-156
Juvenile. Affirms the Henry Circuit Court’s order that A.R. register pursuant to the Indiana Sex and Violent Offender Registration Act. Finds the juvenile court had jurisdiction to consider the issue and the determination was supported by clear and convincing evidence. Also finds A.R.’s constitutional claims are waived. Judge Patricia Riley dissents with separate opinion.
A student’s class-action lawsuit filed against Ball State University for COVID-related closures can proceed, the Court of Appeals of Indiana has ruled.
Court of Appeals of Indiana
Carla Tinsley-Williamson, as Guardian of Ethan M. Tinsley v. A.R. Mays Construction, Inc., American Multi-Cinema, Inc., and Largo Theater Construction, Inc.
21A-CT-2230
Civil tort. Affirms the Hendricks Superior Court’s entry of partial summary judgment for A.R. Mays Construction Inc. on Ethan Tinsley’s complaint alleging negligence. Finds A.R. Mays’ designated evidence affirmatively negates an element of Tinsley’s negligence claim, namely, whether A.R. Mays owed Tinsley a duty of care.
The guardian of a man who was injured while working on a movie theater construction project has failed to convince the Court of Appeals of Indiana that a subcontractor for AMC Theatres owed the man a duty of care.