Court opinions - The Indiana Lawyer

Opinions Sept. 13, 2022

September 13, 2022

Court of Appeals of Indiana
Robert Charles Sisk v. State of Indiana (mem. dec.)
22A-CR-619
Criminal. Affirms Robert Sisk’s convictions of Level 4 felony stalking, Level 5 felony stalking, Level 6 felony intimidation, Class A misdemeanor domestic battery and Class B misdemeanor criminal mischief. Finds the Hamilton Superior Court did not abuse its discretion in admitting evidence. Also finds there was sufficient evidence to support Sisk’s conviction of Level 4 felony stalking.

Opinions Sept. 8, 2022

September 8, 2022

Court of Appeals of Indiana
James Robert Ward v. State of Indiana (mem. dec.)
22A-CR-676
Criminal. Affirms James Ward’s convictions of two counts of Class B felony sexual misconduct with a minor. Finds Ward failed to establish that T.Z.’s testimony was incredibly dubious.

Judge rules against required coverage of HIV prevention drug

September 8, 2022

A federal judge ruled Wednesday that required coverage of an HIV prevention drug under the Affordable Care Act violates a Texas employer’s religious beliefs and undercut the broader system that determines which preventive drugs are covered in the U.S.

Opinions Sept. 7, 2022

September 7, 2022

Court of Appeals of Indiana
American Freedom Insurance Company v. Marc Hires and Dennis Kellams (mem. dec.)
22A-CT-539
Civil tort. Affirms the denial of declaratory relief for American Freedom Insurance Company, which had sought a declaration that it had properly voided its entire contract with Marc Hires and that it owed no duty to indemnify Hires or Dennis Kellams, who was struck by Hires’ vehicle. Finds the judgment is not clearly erroneous.

Father allowed limited contact with teen son despite protective order, COA rules

September 6, 2022 | Katie Stancombe

A father accused of physical abuse against his teenage son can have limited contact with his son despite a protective order after the Court of Appeals of Indiana determined the protective order went too far.

Reversal: Joint custody not supported, trial court must choose which parent will get sole custody

September 6, 2022 | Jordan Morey

The Court of Appeals has reversed a custody arrangement for a feuding couple, ordering the Warrick Circuit Court to choose which parent will have sole custody of their child after concluding the case’s findings did not support the award of joint legal custody.

As Indiana courts rule for Catholic church, one discrimination case still undecided

September 1, 2022 | Marilyn Odendahl

In dismissing a lawsuit filed by a gay teacher against the Archdiocese of Indianapolis, the Indiana Supreme Court became the second court to rule against an LGBTQ educator by finding that hiring and firing decisions are church matters not governed by the state.

Partial reversal awarded to man whose probation was revoked in consolidated case

September 1, 2022 | Katie Stancombe

A man with multiple convictions received a partial reversal from the Court of Appeals of Indiana on Thursday after it found a petition to revoke his probation in one of those cases was untimely filed and ultimately an abuse of discretion.

Appellate court affirms stalking conviction against woman who targeted former sheriff

September 1, 2022 | Katie Stancombe

A woman holding more than a decadelong grudge against a former sheriff cannot shake her conviction for felony stalking after she berated the man and followed him around town for years.

Tax Court upholds Gary property assessments

September 1, 2022 | Jordan Morey

A Lake County property owner who saw just one of his four real property assessments reduced for the 2017 year has failed to convince the Indiana Tax Court that the Indiana Board of Tax Review erred in its determinations.

COA affirms for title company in land purchase dispute

September 1, 2022 | Jordan Morey

A complaint against a title company and its underwriter that was dismissed without an opportunity to amend was properly thrown out despite an error, the Court of Appeals of Indiana has affirmed.

Maley: 7th Circuit addresses amending pleadings after deadline

August 31, 2022 | John Maley

In Allen v. Brown Advisory, LLC, 41 F.4th 843 (7th Cir. 2022), the plaintiff appealed from the dismissal of his action and denial of his motion to amend his complaint. The 7th Circuit Court of Appeals affirmed; the discussion on seeking to amend pleadings after the amendment deadline has passed is relevant procedurally and provides an excellent primer.

Indiana Court Decisions: Aug. 11-24, 2022

August 31, 2022

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

COA affirms denial of motion to clarify probation sentencing

August 30, 2022 | Jordan Morey

A man arguing his probation should end three years earlier than the date listed in the system has failed to secure relief from the Court of Appeals of Indiana.

Justices reverse convictions for man denied Pirtle rights, but concurrence suggests revisiting Pirtle

August 30, 2022 | Jordan Morey

A Cass County man convicted of multiple felonies after police responded to a report of a possible robbery at his home has secured a reversal from the Indiana Supreme Court after convincing the justices his Pirtle rights were violated during a police search. However, one justice, while concurring, suggested the high court take another look at Pirtle in the future.

Opinions Aug. 25, 2022

August 25, 2022

Court of Appeals of Indiana
Mark Alan Hurley v. State of Indiana (mem. dec.)
22A-CR-298
Criminal. Affirms Mark Alan Hurley’s conviction of Level 6 felony battery on a person less than 14 years of age by a person over 18 years of age. Finds the totality of the evidence was sufficient to sustain the conviction.

Idaho can’t enforce abortion ban in medical emergencies

August 25, 2022 | Associated Press

A federal judge in Idaho has barred the state from enforcing a strict abortion ban in medical emergencies over concerns that it violates a federal law on emergency care.

Indiana Supreme Court tosses decades-old precedent protecting police work product

August 24, 2022 | Marilyn Odendahl

The Indiana Supreme Court has overturned a more-than-30-year-old precedent, finding the previous ruling that held police reports were covered by the work-product doctrine is no longer applicable because of changes to the state’s trial rules and technological advances that have ended the laborious task of redacting documents using a Marks-a-Lot marker.

In ‘rare circumstances,’ split COA reverses denied PCR petition for man convicted of drug crime he didn’t commit

August 24, 2022 | Katie Stancombe

Although neither trial nor appellate counsel proved ineffective in a man’s drug-related case, a split Court of Appeals of Indiana has reversed the denial of the defendant’s petition for post-conviction relief after finding he was convicted of a crime he did not actually commit.

Suicidal man who killed motorist in head-on collision to keep murder conviction

August 24, 2022 | Katie Stancombe

A man who drove into oncoming traffic as part of a suicide attempt, killing another motorist, has failed to convince the Court of Appeals of Indiana to overturn his murder conviction.

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