A trial court cannot release money seized from a defendant back to the defendant for the purpose of funding his or her defense, the Indiana Supreme Court has ruled. However, the forfeiture action in question will continue after the high court reversed summary judgment for the state.
In August 2019, this writer co-authored in these pages a discussion of admitting past medical expense evidence when plaintiff’s counsel elects not to do so. Two years later, the Indiana Court of Appeals has spoken on the issue.
Read Indiana appellate court decisions from the most recent reporting period.
On June 21, 2021, the Supreme Court of the United States unanimously ruled the National Collegiate Athletic Association couldn’t prohibit athletes on teams at member schools from receiving certain education-related compensation. In affirming the 9th Circuit Court of Appeals’ opinion in NCAA, et al. v. Alston, et al., college athletes were given the green light to get paid for their names, images and likenesses. By June 30, the NCAA had released an interim NIL policy, providing general guidelines as to how universities and athletes could approach NIL business ventures while also complying with existing NCAA bylaws prohibiting “pay-for-play” arrangements.
With the disputed facts of an officer-involved shooting not yet resolved, the 7th Circuit Court of Appeals has dismissed a request by multiple Indianapolis Metro Police Department officers for summary judgment on qualified immunity grounds.
A federal judge on Monday asserted it is “more likely than not” that former President Donald Trump committed crimes in his attempt to stop the certification of the 2020 election, ruling to order the release of more than 100 emails from Trump adviser John Eastman to the committee investigating the insurrection at the U.S. Capitol.
Court of Appeals of Indiana
Cyrille J. Catellier v. Tim K. Catellier, Eli Catellier, Allie Grigsby, and Bobbie Baldwin (mem. dec.)
21A-CP-1243
Civil plenary. Affirms the denial of Cyrille J. Catellier’s motion to correct error, filed following the Hendricks Circuit Court’s denial of his motion for relief from judgment, which challenged the order enforcing a mutual release, covenant not to sue and settlement agreement between Cyrille, Tim Catellier and Bobbie Baldwin. Finds the trial court did not abuse its discretion when it denied Cyrille’s motion for relief from judgment because he did not raise a meritorious claim or defense, and thus the trial court did not abuse its discretion when it denied Cyrille’s motion to correct error. Judge Elaine Brown dissents with separate opinion.
A man sentenced to life in prison after he was convicted of killing his younger brother as a teenager did not receive ineffective assistance of counsel during sentencing, Indiana Supreme Court justices concluded Wednesday.
The Court of Appeals of Indiana has split on an internet-related issue in a case involving harmful content for minors after an ex-band director was handed a felony charge for text messages he sent to a former student.
While the Court of Appeals of Indiana didn’t overturn a Logansport man’s convictions for attempting to rape his granddaughter, the Cass Circuit Court will need to go back and clarify the record on his judgment and sentencing.
Ketanji Brown Jackson, President Joe Biden’s nominee for the U.S. Supreme Court, worked for seven years as a judge on the federal trial court in Washington, D.C., before Biden appointed her to the appeals court that meets in the same courthouse.
7th Circuit Court of Appeals
Instituto Mexicano del Seguro Social v. Zimmer Biomet Holdings, Inc.
21-1224
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms the Northern Indiana District Court’s ruling, granting the motion to dismiss filed by Zimmer Biomet Holdings Inc. Finds the district court did not abuse its discretion in dismissing the case for forum non conveniens because the Mexican courts presented a viable alternative forum and the bulk of the witnesses and evidence are located in Mexico. Also finds Instituto Mexicano del Seguro Social’s argument regarding the United Nations Convention Against Corruption fails because Congress did not implement the treaty.
A seven-story, mixed-use development that makes up a large chunk of Indianapolis’ Massachusetts Avenue can keep its charitable exemption for the 2010 tax year despite opposition from the Marion County assessor, the Indiana Tax Court has ruled.
Allegations that Zimmer Biomet Holdings Inc. engaged in a bribery scheme of Mexican government officials led to an “unusual twist” of Zimmer and the Mexican plaintiff each arguing against trying the case in their respective home courts, but the 7th Circuit Court of Appeals agreed with the medical device manufacturer that under the forum non conveniens doctrine, the case should be dismissed from the Northern Indiana District Court.
The Indiana State Police, including its superintendent in his individual capacity, has secured a win in a wrongful death case after the Court of Appeals of Indiana reversed in the civil rights lawsuit filed by the estate of a Black man who was shot and killed by a trooper nearly a decade ago.
A man who claimed local news outlets defamed him with inaccurate details after he was convicted of child molesting couldn’t convince the Court of Appeals of Indiana that his lawsuit wasn’t frivolous.
Court of Appeals of Indiana
Latuwan Anthony Partee v. State of Indiana
21A-CR-1529
Criminal. Affirms Latuwan Partee’s conviction and 27 ½-year aggregate sentence for dealing in cocaine, a Level 2 felony, and possession of marijuana, a Class B misdemeanor, along with being found to be a habitual offender. Finds the Marion Superior Court did not commit fundamental error by failing to explicitly tell the defendant he could be present at his own trial if he behaved. Also finds the trial court’s sentence order contains a scrivener’s error. Remands with instructions for the scrivener’s error to be corrected.
A so-called sovereign citizen who was removed from his own trial because of his disruptive behavior, then tried to get his conviction overturned by arguing he was not told he could remain in the courtroom if he behaved, did not get any sympathy from the Court of Appeals of Indiana, which instead commended the trial court for its patience in handling such a difficult defendant.
Finding state statute does not require a professional license to be renewed after an expungement, the Court of Appeals of Indiana has upheld a refusal by the Medical Licensing Board of Indiana to amend the disciplinary records and lift the sanctions imposed on a physician who was convicted of a misdemeanor.
A woman who injured herself after tripping over a curb at a Speedway convenience store did not convince the 7th Circuit Court of Appeals that the gas station was liable for her injuries.