COA splits in reversing delinquency adjudication for auto theft
A split appellate panel has reversed a teen’s delinquency adjudication for auto theft, finding insufficient evidence to support the adjudication.
Court opinions
Articles
Opinions Oct. 28, 2022
Court of Appeals of Indiana
Ryan L. Fisel v. State of Indiana
22A-CR-1279
Criminal. Affirms the Wells Superior Court’s correction of Ryan Fisel’s sentence from a direct placement on home detention to a commitment in the Department of Correction. Finds Fisel’s original sentence of a direct placement on home detention was not authorized by statute. Also finds the trial court had jurisdiction to correct the error and properly did so.
Opinions Oct. 27, 2022
Court of Appeals of Indiana
Jalen Bonner v. State of Indiana (mem. dec.)
22A-CR-1187
Criminal. Affirms Jalen Bonner’s conviction of Level 1 felony attempted murder. Finds the state presented sufficient evidence to sustain Bonner’s conviction of attempted murder.
Opinions Oct. 26, 2022
Court of Appeals of Indiana
Lawerance Knighten v. State of Indiana (mem. dec.)
22A-CR-454
Criminal. Affirms Lawerance Knighten’s conviction of Level 1 felony child molesting. Finds the state did not commit fundamental error by engaging in prosecutorial misconduct during both voir dire and closing argument.
District court rules against CAFO, Corps
A ditch system dug nearly 100 years ago to drain Beaver Lake, formerly the largest natural lake in Indiana, is at the center of a legal battle between a 4,350-dairy cow CAFO and the neighboring Newton County residents.
Indiana Court Decisions: Oct. 6-19, 2022
Read Indiana appellate court decisions from the latest reporting period.
Opinions Oct. 25, 2022
Court of Appeals of Indiana
Jeremiah Jordyn Smith v. State of Indiana
22A-CR-364
Criminal. Reverses the Tippecanoe Superior Court’s grant of the state’s motion to revoke the pretrial diversion agreement entered into with Jeremiah Jordyn Smith. Finds Smith’s diversion agreement was supported by consideration and the state was bound by its terms. Also finds revoking Smith’s diversion agreement without cause was a breach of the agreement’s terms. Remands with instructions to dismiss the case against Smith with prejudice.
Reversal: Trial court breached contract when it revoked pretrial diversion agreement
The state must keep its end of the deal in a pretrial diversion agreement entered into by a man facing sex offense-related charges, the Court of Appeals of Indiana has ruled, reversing an order allowing the state to withdraw the agreement.
Opinions Oct. 24, 2022
Court of Appeals of Indiana
People for Community, Inc./PFC, Isaac Fincher v. City of Fort Wayne Neighborhood Code Compliance
22A-MI-447
Miscellaneous. Affirms the dismissal of the complaint filed by Rev. Isaac Fincher in Allen Circuit Court on behalf of People for Community Inc. Finds PFC’s argument fails on the merits because the trial court gave PFC ample opportunities to secure counsel. Concludes the COA cannot say that the trial court abused its discretion by failing to give PFC even more time to secure counsel as it gave PFC ample time to do so.
COA affirms removal of transgender teen from home, rejects parents’ constitutional claims
A mother and father whose transgender teen was removed from their home due to allegations of abuse has failed to convince the Court of Appeals of Indiana that their rights as parents were infringed upon when the court intervened.
7th Circuit rejects white South Bend athletic director’s ‘reverse racism’ discrimination claims
A former South Bend high school athletic director has failed to convince the 7th Circuit Court of Appeals that he wasn’t hired for a new job because he is white.
7th Circuit rules partial victory merits reduced attorney fees
The 7th Circuit Court of Appeals has affirmed a reduction in attorney fees of more than 50% for an Indiana attorney who had been previously admonished by the appellate court for trying to up his compensation.
Opinions Oct. 19, 2022
7th Circuit Court of Appeals
United States of America v. Travis Gates
21-3314
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Criminal. Affirms Travis Gates’ four-year sentence for his conviction of being a felon in possession of a firearm. Finds Gates’ sentence was procedurally sound and substantively reasonable.
COA reverses attempted murder, unlawful possession convictions for man who fired gun with police present
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.
Court rejects appeal to give American Samoans citizenship
The U.S. Supreme Court on Monday rejected an appeal seeking to give people born in American Samoa U.S. citizenship.
Opinions Oct. 17, 2022
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.
7th Circuit affirms convictions, sentences for three in major Gary drug conspiracy
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.
Opinions Oct. 14, 2022
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.
Opinions Oct. 13, 2022
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.
7th Circuit affirms heroin dealer’s amended sentence
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.