COA reduces juvenile’s nearly-max adult murder sentence
A nearly maximum adult sentence for a 13-year-old’s murder conviction was an outlier needing leavening, the Court of Appeals of Indiana ruled in a Thursday reversal.
Court opinions
Articles
Opinions Nov. 3, 2021
Indiana Court of Appeals
Christopher Allen Duncan; Patel’s Palace LLC, d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators, LLC, Rupal Patel, and Christopher Zorman v. Barton’s Discounts, LLC
21A-PL-211
Civil plenary. Affirms on interlocutory appeal an order from the Marion Superior Court granting Barton’s Discounts LLC’s motion to compel in part documents from Christopher Allen Duncan, Patel’s Palace LLC d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators LLC, Rupal Patel and Christopher Zorman. Also affirms its order for the appellants to produce all responsive, unredacted documents requested by Barton’s discovery request. Finds no abuse of the trial court’s discretion.
Justices grant transfer to insurance dispute in fatal trucking accident
The Indiana Supreme denied transfer to nine cases last week but granted transfer in one involving insurance coverage in a fatal trucking accident.
COA: No 5th Amendment protection for liquidator from order to produce unredacted documents
A liquidating company cannot avoid a court order to produce unredacted documents using the argument that the Fifth Amendment protects them, the Court of Appeals of Indiana ruled Wednesday.
Opinions Nov. 2, 2021
Indiana Court of Appeals
CT102 LLC d/b/a Metro Motors and Herman Jeffrey Baker v. Automotive Finance Corporation
21A-CC-904
Civil collection. Reverses the amount in damages awarded to Automotive Finance Corporation, finding the Marion Superior Court erred by double counting. Affirms the finding that Metro Motors did not commit conversion, finding the trial court did not err. Remands with instructions to award AFC $123,666.66, plus 15% interest from May 30, 2018, and $32,618.75 in attorney fees and expenses.
Judge’s reliance on paraphrase leads to overturned sentence
The 7th Circuit Court of Appeals has overturned the enhanced sentence of an Indiana man, ruling the enhancement did not apply because the gun he possessed was not the one used in the commission of the crime.
COA upholds probation revocation, rules probationer squandered his opportunity
Holding probation is an “opportunity that can be squandered,” the Indiana Court of Appeals found a Fayette County man suffering from “poor mental health” had no one but himself to blame for the revocation of his probation.
Trial court double counted when awarding damages to auto financier, appellate court finds
The Marion Superior Court erred in calculating damages awarded to a vehicle-financing company but correctly determined an auto seller wasn’t guilty of conversion, the Indiana Court of Appeals has ruled.
COA: Arbitration order not a final judgment up for appeal
In a dispute between neighbors over a dock being built on a shared lake, the Indiana Court of Appeals has dismissed the plaintiff’s appeal.
Conviction reversed after COA finds fundamental error over prior crimes
The Indiana Court of Appeals has overturned the conviction of a Cass County man sentenced to an aggregate of 49 years, asserting a “bright line must be drawn” over the admissibility of a defendant’s prior convictions during trial.
COA: Attorney fees sanction appropriate for discovery violation
The Indiana Court of Appeals has affirmed sanctions imposed on a Morgan County man after he violated discovery rules and failed to submit complete and adequate responses until almost two years after discovery was requested.
Opinions Nov. 1, 2021
Indiana Court of Appeals
Terrance Trabain Miller v. State of Indiana
20A-CR-2315
Criminal. Reverses Terrance Trabain Miller’s convictions of one count of Level 2 felony dealing in methamphetamine, one count of Level 2 felony dealing in heroin, a narcotic drug, and one count of Class A misdemeanor resisting law enforcement. Finds the Cass Circuit Court committed fundamental error when it gave a preliminary instruction on a charge of unlawful possession of a firearm by a serious violent felony, a count that was dismissed after the jury returned a guilty verdict. Remands.
Credit time from dismissed sexual battery charges can’t be credited toward separate child molesting sentence, COA rules
The Indiana Court of Appeals affirmed Friday that a Lake County man’s request to put his credit time from a previous charge toward his current child molesting sentence was properly denied.
Apellate court affirms forfeiture of 504 tax sale certificates purchased by ineligible buyer
The Indiana Court of Appeals did not buy a Lake County man’s argument that state statute allows ineligible buyers at tax sales to avoid forfeiture by paying delinquent property taxes, finding the man had time to clear his debt but never did so.
COA: Trial court didn’t err in denying drug dealing sentencing modification
A trial court didn’t err when it summarily denied a drug dealer’s request to modify his sentence, the Indiana Court of Appeals has ruled.
Opinions Oct. 27, 2021
Indiana Court of Appeals
Benjamin Bertucci, Individually and Next Best Friend of Ayana Bertucci, a Minor v. Donald Bertucci and Anita Remijas
21A-CT-360
Civil tort. Affirms partial summary judgement and a cross-motion for attorney fees and costs to Donald Bertucci. Finds Bertucci wasn’t at fault for his granddaughter being bitten by a dog on his jointly owned home in Long Beach. Also finds the LaPorte Superior Court didn’t abuse its discretion. Judge L. Mark Bailey concurs in part and dissents in part with separate opinion.
Tax Court affirms Kohl’s reduction on property assessments
A Kohl’s department store will be allowed to keep the markdown on its property taxes after the Indiana Tax Court ruled the Marion County assessor failed to present a convincing argument or evidence for why the original assessment amounts should be charged.
Indiana Supreme Court to examine reach of med mal statute
The Indiana Supreme Court has granted transfer to a dispute between health care providers, tackling the question of whether the state’s Medical Malpractice Act extends beyond claims brought by injured patients.
Brownsburg man waived right to appeal restitution in plea agreement, COA rules
A Brownsburg man waived his right to appeal a restitution order after he signed a plea agreement leaving all terms of his sentence to the trial court’s discretion, the Indiana Court of Appeals has affirmed.
COA: Grandfather not at fault for dog bite injury on jointly owned property
A grandfather who was in the process of dissolving his marriage wasn’t at fault when his granddaughter was bitten by his future ex-wife’s dog on their jointly owned property, the Indiana Court of Appeals affirmed Wednesday.