A former teacher’s assistant sentenced to more than 40 years on child molesting charges could win a partial resentencing after she presented an issue of first impression to the Court of Appeals of Indiana, which held her Sixth Amendment rights were violated.
Three property owners with land along northwest Indiana’s Lake Michigan shoreline have asked the U.S. Supreme Court to undo a 2018 ruling by Indiana’s high court that declared the shoreline is owned by the state for the public’s enjoyment.
The correct statute of limitations was applied in a dispute between an accountant and a business that claimed the accountant’s work resulted in it paying significantly more in federal and state taxes, the Court of Appeals of Indiana has ruled.
Court of Appeals of Indiana judges parted ways on an issue of first impression in a “he said, she said” child molestation case, with the majority finding that a man was not given a fair opportunity to challenge the “she said” part of the evidence.
A construction worker who slipped and fell while trying to step from a ladder onto a scaffolding platform was unable to regain his footing before the Court of Appeals of Indiana, which found the contractor’s focus on safety did not indicate a duty of care.
A Marion County father who mistakenly tried to attend a child in need of services hearing in person instead of online shouldn’t have been denied a new factfinding hearing, the Court of Appeals of Indiana has ruled.
An insurance company that wasn’t notified that a policy-holding subcontractor did work outside of Indiana has convinced the 7th Circuit Court of Appeals that it wasn’t required to cover a worker injured in Kentucky.
Read Indiana appellate court decisions from the most recent reporting opinion.
An Evansville man who was charged with illegally possessing a firearm in state and federal court could not convince the Court of Appeals of Indiana that his motion to suppress should have been granted by the trial court when the district court ruled for him.
A longtime legal battle between siblings over their mother’s trust recently made its way back to the Court of Appeals of Indiana, where the sister lost yet again. The appellate court’s ruling also included a warning for the sister’s longtime counsel.
An Indiana woman who secured a protective order against her ex-husband stemming from an incident with their daughter was unable to convince the Court of Appeals of Indiana that the order was necessary.
The Court of Appeals of Indiana has affirmed that the plug must be pulled on the first phase of what has been described as one of the largest commercial solar farms.
Court of Appeals of Indiana
Performance Services, Inc. v. Randolph Eastern School Corporation
22A-CP-361
Civil plenary. Reverses the Randolph Circuit Court’s entry of summary judgment for the Randolph Eastern School Corporation against Performance Services Inc. Holds that the trial court erred when it granted the School Corporation’s motion for summary judgment and denied Performance’s motion for summary judgment. Remands with instructions to enter summary judgment for Performance and to hold a hearing on Performance’s damages. Judge Elaine Brown dissents with a separate opinion.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
Daudi M. Mwangangi v. Taylor Nielsen, et al., and City of Lebanon, Indiana
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
21-1576, 21-1577 & 21-1971
Civil. Affirms entry of partial summary judgment for Daudi Mwangangi against officer Blayne Root as to the false arrest and against officer Frank Noland as to the second pat-down search. Reverses partial summary judgment for Mwangangi as to the challenge to Root’s pat-down and as to the alleged false arrest by officer Taylor Nielsen, Noland and Sgt. Ben Phelps. Vacates partial summary judgment for Mwangangi against Nielsen and Noland based on their alleged failures to intervene. Remands. Judge Frank Easterbrook concurs and Judge Thomas Kirsch dissents in part with separate opinions.
The 7th Circuit Court of Appeals has affirmed, reversed and vacated multiple partial summary judgment awards for a man who was cleared of impersonating police and who later sued the officers who arrested him.
The Court of Appeals of Indiana has reversed a decision against the now-bankrupt Celadon Group, forcing a trucking company that tried to purchase certain assets from the Indianapolis-based business to refile its complaint in the state of Delaware.
The Indiana Court of Appeals has affirmed a trial court’s decision to allow a child molestation victim to testify in court with a comfort animal at her side. The ruling means the defendant’s child molesting convictions will stand.
Court of Appeals of Indiana
Jose L. Izaguirre v. State of Indiana
21A-CR-2258
Criminal. Affirms Jose L. Izaguirre’s convictions of two counts of Level 1 felony child molesting committed against his stepdaughter and his sentence to an aggregate of 40 years, with five years suspended to probation. Finds Izaguirre waived his arguments regarding Indiana Code § 35-40-5-13 by failing to make cogent arguments or cite relevant authority. Waiver notwithstanding, finds Izaguirre cannot demonstrate that he was prejudiced by the presence of the comfort animal when he confessed to two of the crimes of which the jury found him guilty.
Read Indiana appellate court decisions from the most recent reporting opinion.
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.