Opinions Aug. 5, 2021
Stephen Michael Ford v. State of Indiana (mem. dec.)
20A-CR-1684
Criminal. Affirms the revocation of Stephen Ford’s probation. Finds Ford has waived any due process argument.
Court opinions
Articles
Opinions Aug. 4, 2021
Indiana Court of Appeals
In the Matter of K.Y., a Child Alleged to Be Delinquent, K.Y. v. State of Indiana
21A-JV-330
Juvenile. Affirms in part, reverses in part the adjudication of K.Y. for two counts of intimidation, a Level 6 felony and a Class A misdemeanor, respectively, if committed by an adult. Finds sufficient evidence to support the Level 6 felony, but remands with instructions to vacate the Class A misdemeanor on double jeopardy grounds.
Knox Co. teen who sent threatening social media message loses appeal of delinquency adjudication
A Knox County teenager who sent a threatening social media message to numerous middle school students involving guns will retain a delinquency adjudication for felony intimidation, the Indiana Court of Appeals ruled Wednesday, though a misdemeanor adjudication was vacated on double jeopardy grounds. The appellate court declined to dismiss the message as a “juvenile antic” in light of the numerous American school shootings in recent years.
Man sentenced to life not denied effective counsel, 7th Circuit holds
A man sentenced to life for sexually abusing two children could not convince the 7th Circuit Court of Appeals that his attorney was ineffective while representing him.
Indiana Court Decisions – July 15-28, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Opinions Aug. 3, 2021
Indiana Court of Appeals
Montel Ray Brooks v. State of Indiana (mem. dec.)
21A-CR-83
Criminal. Affirms Montel Brooks’ conviction of murder and an enhancement for the use of a firearm in the offense. Finds the Lake Superior Court did not clearly abuse its discretion in admitting challenged testimony, and any error in the admission of the testimony was harmless. Also finds the trial court did not abuse its discretion when it denied Brooks’ motions for a mistrial, and any such error would be harmless.
Divided 7th Circuit reverses for Indiana over ‘abortion complications’ reporting statute
An Indiana statute requiring medical providers to report to the state complications “arising from” abortions is not unconstitutionally vague on its face, a split 7th Circuit Court of Appeals ruled in a Monday reversal. A dissenting judge, however, would uphold the injunction against the “incomprehensible” law.
Opinions August 2, 2021
The following Indiana Tax Court opinion was posted after IL deadline on Friday.
Eric S. Morris v. Hamilton County Assessor
20T-TA-00019
Tax. Affirms the Indiana Board of Tax Review’s final determination that dismissed Eric Morris’ case for lack of subject matter jurisdiction. Finds Morris has not demonstrated to the Indiana Tax Court that the Indiana Board’s dismissal of his administrative appeals is arbitrary, capricious, an abuse of its discretion, or contrary to law. Finds Morris has not demonstrated that the tax court has subject matter jurisdiction over his appeals.
Opinions July 30, 2021
7th Circuit Court of Appeals
United States of America v. Keenan Rollerson
20-2258
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon.
Criminal. Affirms Keenan Rollerson’s 23-year sentence for drug and firearm convictions. Finds his uncharged buys and acquitted drug amounts were relevant to his heroin conviction and proven with sufficiently reliable information.
Mom not denied due process in TPR case involving unrecorded evidence statements
A Madison County mother was not denied due process in her termination of parental rights case, the Indiana Court of Appeals has affirmed.
COA reduces 300-year child molesting sentence
A man convicted on numerous counts of child molesting had his 300-year sentence slightly reduced after the Indiana Court of Appeals found no evidence in the record to support one of his convictions.
Sentence affirmed for drug distributor in guideline calculation dispute
The 7th Circuit Court of Appeals has affirmed a man’s 23-year sentence for his drug and firearms convictions despite his assertion that the district court erred by including both uncharged and acquitted drug amounts in his guideline calculation.
COA allows Insurance Dept. claim in name of deceased individuals to proceed
A proposed complaint before the Indiana Department of Insurance was not void just because it was filed in the name of a deceased person on behalf of a deceased victim of alleged medical malpractice, the Indiana Court of Appeals has ruled.
7th Circuit affirms findings that immigrant’s marriage was a ‘sham’
A woman who emigrated to Indiana from Nigeria after marrying her now ex-husband was denied a petition to stay in the United States after the 7th Circuit Court of Appeals affirmed the adverse credibility findings of two immigration judges that her marriage was a sham.
Opinions July 29, 2021
Indiana Court of Appeals
State of Indiana v. Aaron L. Riggs, II
20A-CR-2144
Criminal. Affirms the Daviess Superior Court’s order holding that Indiana Code § 35-40-5-11.5 was unenforceable because it conflicts with the trial rules, and granting defendant Aaron L. Riggs II’s request to depose the alleged child victim in his child molesting case. Finds that any substantive provisions of the child deposition statute do not exempt the procedural provisions of the statute from the general rule that Indiana Trial Rules supersede conflicting procedural statutes. Also finds that the procedural provisions of the statute conflict with the trial rules, so the procedural provisions are unenforceable.
Expelled county councilman loses appeal
A former Starke County Council member who was expelled from public office for allegedly making bigoted statements while attending the Association of Indiana Counties conference in Indianapolis lost his attempt to regain his seat after the Indiana Court of Appeals found his arguments challenging his expulsion were “incomprehensible.”
Opinions July 28, 2021
Indiana Court of Appeals
Gregory Wilson, Sr., in his capacity as the Executive Director of the State of Indiana Civil Rights Commission v. Betty Jo Wilkening
20A-PL-1960
Civil plenary. Reverses the Lake Superior Court’s grant of judgment on the evidence in favor of Betty Jo Wilkening and against Gregory L. Wilson Sr. in his capacity as the executive director of the State of Indiana Civil Rights Commission. Finds that the trial court erred in granting Wilkening’s motion because it misinterpreted the “shall” in Indiana Code § 22-9.5-6-8 to be mandatory rather than directory in a housing discrimination suit brought against her. Remands for a new trial.
Lake Co. dad gets new trial after potential landlord denies rental because of kids
A new trial has been ordered for a Lake County father who was refused a rental home after telling the owner that he had children.
7th Circuit revives case against Indiana nursing home, finding federal law allows for private right of action
In considering the plight of a northern Indiana man whose health worsened when he was a resident of Valparaiso Care and Rehabilitation, a state-run nursing facility, the 7th Circuit Court of Appeals has aligned with the 3rd and 9th Circuits in finding patients can enforce the rights offered under the Federal Nursing Home Reform Act.
Opinions July 27, 2021
Indiana Court of Appeals
Terrance Leroy Smoots, Jr. v. State of Indiana
20A-CR-2101
Criminal. Affirms Terrance Smoots Jr.’s convictions of Level 5 felony battery resulting in serious bodily injury, Level 4 felony criminal confinement resulting in moderate bodily injury, Level 6 felony obstruction of justice, Level 6 felony attempted obstruction of justice and a finding that he is a habitual offender, and his 24-year aggregate sentence. Finds the state proved by a preponderance of the evidence that Smoots’ conduct was designed to prevent Robert Simmons from testifying against him, so Smoots forfeited his right to confront Simmons at trial in light of that wrongdoing and his Sixth Amendment right to confrontation was not violated by the admission of Simmons’ statements at trial. Also finds the Madison Circuit Court did not abuse its discretion in sentencing Smoots. Finally, finds Smoots’ sentence is not inappropriate.