Indiana Court Decisions: Sept. 8-21, 2022
Read Indiana appellate court decisions from the most recent reporting opinion.
Court opinions
Articles
Despite win in federal court, defendant loses suppression appeal in state court
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.
COA again shuts down daughter’s arguments in trust dispute, orders appellate attorney fees
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.
Split COA reverses protective order against father in ‘close case’
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.
COA finds ‘shall’ is unambiguous in requirements for solar farm application
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.
Opinions Sept. 19, 2022
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.
Opinions Sept. 16, 2022
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.
7th Circuit rules partially for defendant, officers, city in police-impersonation case
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.
COA rules dispute over agreement with former Celadon Group must move to Delaware courts
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.
Stepdad waives arguments against comfort animal in court, loses child molesting appeal
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.
Opinions Sept. 14, 2022
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.
Indiana Court Decisions: Aug. 25-Set. 7, 2022
Read Indiana appellate court decisions from the most recent reporting opinion.
Opinions Sept. 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
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
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
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
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
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
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
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.