7th Circuit rejects felon’s ‘stalking horse’ argument
In a case of first impression, the 7th Circuit Court of Appeals denied a “stalking horse” argument made by a convicted felon on parole who was caught unlawfully possessing firearms.
Court opinions
Articles
COA affirms ruling for business on ex-employee’s wage claim, also awards appellate attorney fees
A northern Indiana man who lost his Wage Claims Act complaint against his former employer did not convince the Court of Appeals of Indiana that the trial court erred in its ruling and will now also have to pay appellate attorney fees to the business.
High court narrows reach of law targeting career criminals
The Supreme Court on Monday narrowed the reach of a federal law that strengthens penalties for career criminals found to illegally have a gun.
Opinions March 7, 2022
Court of Appeals of Indiana
Perise L. Fowler v. State of Indiana
21A-CR-1596
Criminal. Affirms Perise L. Fowler’s conviction for murder. Finds no error in the Marion Superior Court’s denial of Fowler’s oral motion to reconsider his guilty verdict and to enter judgment of conviction on the lesser included offense of voluntary manslaughter that was not argued at trial.
Pro se attorney gets public reprimand from justices for direct email to opposing party
Describing an Indianapolis lawyer as “his own worst enemy” when it comes to electronic communications, a split Indiana Supreme Court has issued a public reprimand after the lawyer sent a threatening email directly to an opposing party rather than working through another lawyer. A dissenting justice, however, said the rule in question in this issue of first impression does not apply to pro se lawyers like the attorney who was disciplined.
Murder conviction upheld for man who punched pregnant woman, fatally shot expectant father
A man who punched a pregnant woman in the belly and then fatally shot the father of her child could not convince the Court of Appeals of Indiana that his murder conviction should be overturned in favor of a lesser-included offense.
Opinions March 4, 2022
Court of Appeals of Indiana
Michael Bedtelyon v. State of Indiana
21A-CR-1952
Criminal. Reverses the revocation of four years of Michael Bedtelyon’s suspended sentence after his probation officer found Bedtelyon had violated his probation by watching sexually suggestive anime cartoons. Finds the Elkhart Superior Court abused its discretion. Also finds the state failed to prove by a preponderance of the evidence that Bedtelyon violated his probation because it produced no evidence that he had accessed or viewed obscene videos depicting or describing sexual conduct in a patently offensive manner.
Suggestive cartoons didn’t violate man’s probation against obscene videos, COA rules
The state of Indiana failed to prove that watching sexually suggestive anime cartoons violated an Elkhart County man’s probation, the Court of Appeals of Indiana has ruled.
7th Circuit affirms rulings in ‘acrimonious’ dispute over property value assessment
The 7th Circuit Court of Appeals has affirmed a lower court’s various rulings in “acrimonious” litigation between an appraiser and a bank.
7th Circuit: Product liability claims against Cook Medical untimely
An Oregon woman who brought product liability claims in a short-form complaint against Indiana-based Cook Medical could not succeed on appeal because her claims were untimely, the 7th Circuit Court of Appeals has affirmed.
Opinions March 3, 2022
Court of Appeals of Indiana
In the Matter of the Marriage of: Kristi M. McClendon v. Richard L. Triplett
21A-DR-1852
Domestic relations. Affirms the modification of custody of K.T. and D.T. in favor of father Richard Triplett. Finds mother Kristi McClendon failed to demonstrate that she was prejudiced by the denial of her motion to continue, that the Adams Circuit Court abused its discretion by allowing K.T. to testify without her parents in the courtroom, that the trial court’s denial of her motion to exclude testimony of three witnesses was erroneous or that the trial court erred by granting Triplett’s motion for modification of physical and legal custody.
COA upholds custody modification in father’s favor
An Indiana-based father was properly awarded primary custody of his two children who until recently had lived with their mother in North Carolina, the Court of Appeals of Indiana has ruled.
IN justices affirm mother was afforded due process during virtual TPR hearing
A mother whose parental rights were terminated after a virtual hearing via Zoom has lost her appeal at the Indiana Supreme Court, which instead adopted as precedent a Court of Appeals analysis of how the mother’s due process rights were impacted by the virtual proceedings.
Woman who lost consciousness while driving not liable for motorist’s negligence claim, COA affirms
A woman who said she lost consciousness while driving before causing a serious accident demonstrated that her medical emergency was unforeseeable, the Court of Appeals of Indiana has affirmed, upholding a summary judgment ruling in favor of the woman on a negligence claim.
Opinions March 2, 2022
Court of Appeals of Indiana
Rhonda R. Parkevich v. State of Indiana (mem. dec.)
21A-CR-1385
Criminal. Affirms and reverses in part the order for Rhonda R. Parkevich to pay restitution upon her conviction of Level 6 felony theft. Finds Parkevich waived her right to dispute her ability to pay her ordered restitution, and the Cass Superior Court didn’t err by determining she had the ability to pay. Also finds the trial court abused its discretion by failing to fix the manner of payment and by awarding restitution for a loss that is not the direct and immediate result of the offense in this case. Remands with instructions to impose restitution in the amount of $36,632, determine a payment schedule and fix the amount of the payments.
Indiana Court Decisions: Feb. 10-23, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Despite identity theft, 7th Circuit rules debt collectors didn’t violate federal law in collection action
While the process of remedying a case of credit card identity theft caused “a world of aggravation” for the plaintiff, the 7th Circuit Court of Appeals has affirmed the debt collectors’ actions during the investigation didn’t violate the Fair Debt Collection Practices Act or Fair Credit Reporting Act.
Opinions Feb. 24, 2022
Court of Appeals of Indiana
Vichitra Tyagi v. Vinita Singh Tyagi
21A-DC-1392
Domestic relations with children. Affirms the dissolution of Vichitra Tyagi’s marriage to Vinita Singh Tyagi. Finds the Boone Superior Court did not err in several instances, including when it found that a note payable existed and allocated it as an asset to Husband; when it found Husband’s weekly income to be $5,000 for child support; when it relied on Wife’s evidence about the U.S. dollars and Indian rupees conversion rate; and when it unequally divided the marital estate.
COA affirms dissolution order despite husband’s arguments
The Boone Superior Court did not err in ordering an unequal division of a former couple’s marital estate, the Court of Appeals of Indiana has ruled.
Tax Court reverses for property owner in homestead deduction, tax cap dispute
An Indianapolis homeowner’s carriage house and detached garage are eligible for the standard homestead deduction and a 1% property tax cap, the Indiana Tax Court ruled in a Wednesday reversal, despite the Indiana Board of Tax Review’s decision to the contrary.