Indiana Court Decisions — Jan. 13-26, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Indiana justices’ opinion in ‘revenge porn’ case lauded
Academics and lawyers specializing in free speech and cyber civil rights issues are hailing a recent Indiana Supreme Court ruling regarding the sharing of nonconsensual pornographic images.
Justices order for resentencing of drunken driver
A Logansport man who was charged with drunken driving without a license with his three young grandchildren in his vehicle will be resentenced after the Indiana Supreme Court found “multiple irregularities” in his original sentencing.
COA reverses judgment for general contractor in dispute with loan broker
The Court of Appeals of Indiana has reversed for a general contractor after it found the Marion Superior Court erroneously awarded a mortgage servicer judgment in a breach-of-contract dispute.
COA affirms felony auto theft conviction, habitual offender finding
A Lawrence County man has failed in his bid to overturn his auto theft conviction and habitual offender status, despite his argument that the ruling produced an improper double enhancement.
COA upholds denial of guardianship petition filed by child’s de facto guardians
The Court of Appeals of Indiana has affirmed the denial of a couple’s petition for guardianship of a child for whom they served as de facto custodians, finding that guardianship was not in the child’s best interests.
False-statement conviction vacated for double jeopardy after woman falsified form to recover grandfather’s handgun
A woman who provided false information on a document to recover a handgun she had pawned was wrongly convicted on double jeopardy grounds, according to the Court of Appeals of Indiana. However, one of the woman’s two felony convictions will not be vacated.
Michigan settlement lets faith agencies deny LGBT adoptions
Faith-based adoption agencies that contract with the state of Michigan can refuse to place children with same-sex couples under a proposed settlement filed in federal court Tuesday, months after the U.S. Supreme Court ruled for a Catholic charity in a similar case.
Defendant wins exclusion of breath-test results in traffic infraction case
A man who sought to suppress evidence of his alcohol concentration equivalent during prosecution for a traffic infraction has secured a reversal from the Court of Appeals of Indiana.
COA affirms expungement denial following remand from Supreme Court
The Court of Appeals of Indiana has affirmed the denial of a man’s expungement petition for a violent burglary he took part in two decades ago following a remand from the Indiana Supreme Court.
Justices: South Bend condo HOA can move forward with faulty construction lawsuit
A homeowners association made up of condominium owners in a South Bend condo complex can move forward with its claims of faulty construction work against two of the four defendants named in its original lawsuit after a reversal by the Indiana Supreme Court.
7th Circuit affirms enhanced sentencing despite SCOTUS changes to Armed Career Criminal Act
A “violent felon” will not have his enhanced sentence vacated after the 7th Circuit Court of Appeals determined he still met the provisions of the Armed Career Criminal Act despite a 2015 Supreme Court order that found part of the statute unconstitutionally vague.
7th Circuit overturns summary judgment, gives inmate another chance to litigate grievance
An inmate who was not given the necessary paperwork to file a grievance will get to litigate his Eighth Amendment complaint in federal court after the 7th Circuit Court of Appeals issued the reminder that administrative remedies provided to prisoners must be “available in fact and not merely in form.”
Split COA divided over ‘eligible defendant’ argument in belated sentencing appeal
A split appellate panel has affirmed the denial of a woman’s petition for permission to file a belated notice of appeal of her 30-year sentence, finding she was not an “eligible defendant” because she waived her right to appeal in a plea agreement. But a dissenting judge argued the opposite.
Court bolsters defendant’s right to cross-examine witnesses
The Supreme Court on Thursday buttressed a criminal defendant’s right to cross-examine prosecution witnesses, ruling in favor of a New York man who was convicted of killing a 2-year-old boy on Easter Sunday in 2006.
Appellate court dismisses Lake County, sheriff’s department from complaint filed by man who was tased
Plaintiffs who changed counsel and amended their complaint in their lawsuit against a Lake County sheriff’s deputy will not get to include new defendants because the Court of Appeals of Indiana found they failed to show that the omission of the Lake County Sheriff’s Department and Lake County in the original complaint was a mistake.
COA upholds disclosure of voting integrity docs, also orders secretary of state to pay appellate attorney fees
A nonprofit that secured judgment against the Indiana secretary of state after documents related to election security were withheld has also been awarded appellate attorney fees.
Criminal recklessness conviction tossed for double jeopardy after woman fires shots inside home
A woman who fired gunshots inside a residence while family members were inside will have one of her convictions of criminal recklessness thrown out after the Court of Appeals of Indiana partially reversed on double jeopardy grounds.
Indiana Court Decisions – Dec. 30, 2021-Jan. 12, 2022
Read Indiana appellate court decisions from the latest reporting period.
Justices deny transfer to child custody case, but David dissents based on decisions that ‘circumvent’ appellate rule
The Indiana Supreme Court has denied transfer to a child custody case reversed by the Court of Appeals of Indiana, but one justice dissented with multiple concerns, including the “increasing number of appellate opinions that explicitly circumvent Appellate Rule 65(E).”