Indiana Court Decisions: June 16-28, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Division over Dobbs raises concerns about Supreme Court’s legitimacy
The decision to overturn the nearly 50-year precedent upholding a constitutional right to abortion came at a time when the public’s approval rating of the U.S. Supreme Court was already at historic low.
Lawmakers returning to Statehouse to pass new abortion laws
The weeks between now and the start of the Indiana Legislature’s special session might be the calm before the storm. With the U.S. Supreme Court sending abortion decisions back to the states, Indiana Republican leadership expanded the agenda for the special session from tax relief to also include the crafting of a new abortion law.
Ripple effect: Health care providers, attorneys predict impact of Dobbs on Hoosier women
Indiana lawmakers plan to convene for a special session on July 25 to address abortion. Meanwhile, Hoosier health care providers and attorneys are scrambling to answer questions about where they fit into the mix and what it will mean to be compliant in a landscape without Roe v. Wade.
Opinions July 5, 2022
Court of Appeals of Indiana
In the Matter of the Contempt of Christopher C. Myers; Adam Williams and Debbie Williams v. Shafer Pick A Part, LLC, and Paul Shafer
22A-CT-142
Civil tort. Affirms the Allen Superior Court’s imposition of sanctions on attorney Christopher C. Myers. Finds the trial court did not abuse its discretion by imposing Trial Rule 37(D) sanctions against Myers, as he was aware of the deposition date and aware that his motion to quash had been denied, but still failed to appear. Declines to recommend or remand for the imposition of appellate penalties.
Fort Wayne attorney loses sanctions appeal
An Indiana attorney who didn’t show up for a rescheduled deposition because he was “fully booked” has failed to convince the Court of Appeals of Indiana that the sanctions imposed against him were improper.
COA revives ‘new intervenors’ challenge in South Bend police phone call recording litigation
Describing the litigation as taking a “convoluted procedural path” through state and federal courts, the Court of Appeals of Indiana remanded the yearslong dispute in South Bend over surreptitiously recorded phone conversations of certain police officers after finding the fundamental question of whether the state or federal wiretap laws were violated had never been answered.
Appellate court adopts new-crime exception, partially reverses for motorist who wasn’t read Miranda rights
A motorist who denied hitting a police officer’s car but who offered the officer money to pay for the damages won a partial reversal after the Court of Appeals of Indiana found he was subject to custodial interrogation without being given Miranda warnings. But the COA did not allow the suppression of the alleged bribery based on the federal new-crime exception.
COA rejects evidentiary challenges, upholds murder conviction
With the dying words of his victim and cellphone records against him, an Indiana murderer failed to get his conviction overturned by the Court of Appeals of Indiana on Thursday.
Supreme Court: Biden properly ended Trump-era asylum policy
The U.S. Supreme Court ruled Thursday that the Biden administration properly ended a Trump-era policy forcing some U.S. asylum-seekers to wait in Mexico.
U.S. Supreme Court limits EPA in curbing power plant emissions
In a blow to the fight against climate change, the U.S. Supreme Court on Thursday limited how the nation’s main anti-air pollution law can be used to reduce carbon dioxide emissions from power plants.
Opinions June 29, 2022
Indiana Supreme Court
Terrance Trabian Miller v. State of Indiana
20A-CR-2315
Criminal. Affirms Terrance Trabian Miller’s convictions. Finds any error that arose during jury instruction was invited by Miller, which precludes relief on direct appeal. Also finds sufficient evidence that Miller was lawfully stopped in his vehicle by police. Finally, finds Miller did not comply with the exhaustion rule, which precludes review of the Cass Circuit Court’s refusal to strike juror T.M. for cause. Chief Justice Loretta Rush concurs in part and dissents in part with separate opinion.
Split Supreme Court reinstates convictions based on invited error
Finding no fundamental error, a split Indiana Supreme Court has reinstated a man’s multiple convictions that resulted in a nearly 50-year sentence.
COA upholds involuntary mental health commitment
A man who challenged his involuntary mental health commitment after he had already been released failed to convince the Court of Appeals of Indiana that he shouldn’t have been held against his will.
SCOTUS limits 2020 ruling on tribal lands in Oklahoma
The U.S. Supreme Court ruled on Wednesday that Oklahoma can prosecute non-Native Americans for crimes committed on tribal land when the victim is Native American.
SCOTUS justices say vet who lost job as Texas trooper can sue state
The U.S. Supreme Court on Wednesday allowed a former state trooper to sue Texas over his claim that he was forced out of his job when he returned from Army service in Iraq.
Dueling protests show deep divide over Dobbs ruling
The dueling rallies on the Indiana Statehouse lawn one day after the U.S. Supreme Court issued the ruling that overturned Roe v. Wade provided a glimpse into the divide over abortion as well as starkly differing views of what a post-Roe America will be like. On one issue both sides seemed to agree: The Indiana General Assembly will soon be enacting more restrictions, if not a total ban, on abortion.
Judge’s comment doesn’t require reversal of 15-year sentencing enhancement, COA rules
Despite a judge’s comment that a defendant “dodged a bullet” in avoiding a murder conviction, the St. Joseph County man cannot avoid a 15-year sentencing enhancement on his conviction of reckless homicide with the use of a firearm, the Court of Appeals of Indiana has concluded.
COA: Volunteered evidence shouldn’t be suppressed despite officer’s Miranda violation
The Court of Appeals of Indiana has reversed an order to suppress drug evidence found after a Miranda violation, finding state and federal constitutions don’t require suppression of the physical fruits of evidence obtained through the violation after the suspect volunteered the information.
U.S. Supreme Court sides with coach who sought to pray after game
The U.S. Supreme Court on Monday sided with a football coach from Washington state who sought to kneel and pray on the field after games.