Indiana Court Decisions: July 28-Aug. 10, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
COA dismisses appeal of denied PCR petition
A convicted murderer will not be able to appeal the denial of his petition for post-conviction relief after the Court of Appeals of Indiana determined a trial court erred in granting him permission to file a belated appeal.
Opinions Aug. 10, 2022
Court of Appeals of Indiana
Hipolito Ramirez Martinez v. State of Indiana
21A-CR-2797
Criminal. Affirms Hipolito Martinez’s convictions of two counts of Level 1 felony child molesting. Finds the Tippecanoe Superior Court did not err in granting the jury’s request to review victim K.R.’s testimony. Also finds the trial court did not abuse its discretion in denying Martinez’s mistrial motion. Finally, finds the trial court did not err in denying the state’s request to have Martinez classified as a credit-restricted felon.
COA denies appeal, cross-appeal in stepdad’s child molesting case
A convicted child molester has failed to convince the Court of Appeals of Indiana that a mistrial should’ve been granted in his case due to an errant PowerPoint slide and the replaying of his victim’s testimony to the jury. However, the appellate court also denied a cross-appeal by the state challenging the denial of its request to classify the man as a credit-restricted felon.
Rokita encourages IN Supreme Court to take birth certificate gender marker case
Indiana Attorney General Todd Rokita is advocating for the Indiana Supreme Court to grant transfer to a case concerning transgender Hoosiers’ birth certificates, requesting justices clear up confusion on the matter by ruling the judiciary has no authority to order a change of “sex” on the legal documents.
USI student loses Title IX appeal following sexual assault suspension
A male student at the University of Southern Indiana was unable to halt his suspension for sexual assault after the 7th Circuit Court of Appeals found he did not show he was discriminated against because of his sex.
COA: Deferred pension distribution not an error, but trial court should’ve protected wife’s portion until ex’s retirement
A trial court did not err in deferring the distribution of a man’s pension to his ex-wife until he retires, but it did err in failing to protect the ex-wife’s portion of the pension, the Court of Appeals of Indiana has ruled.
Autistic child can sue parents’ employer for denied therapy coverage, 7th Circuit affirms
A Hoosier child diagnosed with an autism disorder who was denied coverage for related therapy through his parents’ health plan may proceed with his suit against the parents’ employer, the 7th Circuit Court of Appeals has affirmed.
COA reverses for LaPorte Co. prosecutor in defamation case against Michigan City stemming from former mayor’s comments
Michigan City isn’t yet off the hook for the accusatory comments its embattled former mayor made against the LaPorte County prosecutor and his wife following the arrest of the mayor’s stepson.
Opinions Aug. 4, 2022
Indiana Court of Appeals
John Kader v. Marion County Sheriff, in his official capacity, and the Marion County Sheriff’s Department (mem. dec.)
21A-PL-2197
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment to the Marion County sheriff, in his official capacity, and the Marion County Sheriff’s Department on John Kader’s negligence claims. Finds law-enforcement immunity does not apply and the trial court erred in entering summary judgment for the sheriff’s department on that basis. Remands for further proceedings.
7th Circuit affirms summary judgment on ‘merchandized’ malpractice claim
The 7th Circuit Court of Appeals has affirmed judgment in favor of a northern Indiana law firm on a corporate legal malpractice claim, finding the claim was a “bargaining chip” in settlement proceedings.
After Supreme Court ruling, it’s open season on US gun laws
The Supreme Court ruling expanding gun rights threatens to upend firearms restrictions across the country as activists wage court battles over everything from bans on AR-15-style guns to age limits.
Former Roncalli teacher turns to advocacy after 7th Circuit loss
After three years of fighting in federal court for her job, Lynn Starkey is shifting her focus.
Reversal: Inmate fired for attending prayer service didn’t miss step in grievance process
An inmate who filed a First Amendment complaint after he was fired from his prison job for going to a prayer service instead of work can proceed with his case against a prison officer after the 7th Circuit Court of Appeals reversed summary judgment for the officer.
Would-be GOP candidate can’t run on Republican ballot after party ban, 7th Circuit affirms
A longtime Indiana Republican who found himself at odds with the state’s Republican Party and was eventually banned from the GOP for a decade will have to stay off the Republican ballot, the 7th Circuit Court of Appeals has affirmed.
COA: Duke Energy didn’t ‘take’ land when instructing builder to comply with utility regulations
A Bloomington landowner that had to build a smaller warehouse than anticipated due to longstanding utility regulations failed to prove that Duke Energy engaged in a taking of its property by enforcing the regulations, the Court of Appeals of Indiana has ruled.
Threats toward federal judges increasing nationwide: IN judges say they’re not feeling same effects
In the early morning hours of June 8, a 26-year-old man with a gun and knife was detained by law enforcement outside of the Maryland home of U.S. Supreme Court Justice Brett Kavanaugh. While troublesome, the incident wasn’t an outlier — it fell in line with a national trend.
Indiana Court Decisions – July 13-27, 2022
Read Indiana appellate court decisions from the latest reporting period.
In affirming dismissal of Roncalli discrimination lawsuit, Easterbrook advises starting with statute
The 7th Circuit Court of Appeals has again sided with the Archdiocese of Indianapolis in an employment discrimination lawsuit filed by Lynn Starkey, a Roncalli High School guidance counselor who was fired for being in a same-sex marriage.
COA: Intimidation statute not vague
Even though a man waived his challenge to the Indiana intimidation statute, the Court of Appeals of Indiana still addressed his arguments and found the law was not vague under the facts and circumstances of his case.