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.
Court opinions
Articles
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.
Indiana Court Decisions – Oct. 7-20, 2021
Indiana Supreme Court Oct. 7 Civil Tort-Mental Health/Motion to Amend Betty Miller, Individually and as Personal Representative of the Estate of John Allen Miller v. Laxeshkumar Patel, M.D., John Schiltz, M.D., Benjamin Coplan, M.D., Joseph Hill, M.D., Erik Fossum, M.D., Bradford Hale, M.D., Christine Tran, M.D., James Blickendorf, M.D., Robert McAllister, M.D., Sara Koerwitz, M.D., […]
Opinions Oct. 26, 2021
Indiana Court of Appeals
Jason Gay v. Monroe County Community School Corporation (mem. dec.)
21A-PL-185
Civil plenary. Affirms the Monroe Circuit Court’s grant of summary judgment to the Monroe County Community School Corporation over its removal of trees near Jason Gay’s property. Finds the designated evidence indicates that no genuine issue of material fact existed and that MCCSC is entitled to judgment as a matter of law regarding its boundary dispute with Gay. Also finds the trial court properly entered summary judgment for MCCSC.
Denial of Batson challenge, sentencing appropriate for kidnapper, 7th Circuit affirms
A man who went on a violent crime spree with four accomplices across three states wasn’t improperly denied a Batson challenge, and the enhanced sentence imposed on the kidnapper wasn’t inappropriate, the 7th Circuit Court of Appeals has affirmed.
7th Circuit: Warrantless seizure of parolee’s cellphone data justified
A parolee’s Fourth Amendment rights weren’t violated when police extracted data from his cellphone, which contained child pornography, after discovering methamphetamine hidden behind the back cover of the phone’s case, the 7th Circuit Court of Appeals has affirmed.
Opinions Oct. 21, 2021
Indiana Court of Appeals
In the Matter of K.W. and R.W. (Children in Need of Services) and D.W. (Father) v. Indiana Department of Child Services
21A-JC-598
Juvenile CHINS. Affirms the determination that father D.W.’s children, K.W. and R.W., are children in need of services. Finds the fact-finding hearing and dispositional hearing were continued for good cause pursuant to Indiana Trial Rule 53.5. Also finds the evidence supports the Marion Superior Court’s conclusion that the children are CHINS.
COA: Hearings delayed for good cause in CHINS case
The Marion Superior Court, Juvenile Division had good cause when it delayed a pair of hearings in a recent child in need of services case, and the evidence against a father of two supported the trial court’s conclusion that his kids are CHINS, the Indiana Court of Appeals has ruled.
Opinions Oct. 20, 2021
Indiana Court of Appeals
Gerald Pinkston v. State of Indiana (mem. dec.)
20A-CR-2216
Criminal. Affirms Gerald Pinkston’s convictions of three counts of murder and one count of criminal recklessness, and his sentence to an aggregate of 166 years. Finds Pinkston failed to demonstrate reversible error resulting from the admission of a .40 caliber handgun and testimony by a detective, the Allen Superior Court’s accomplice liability instructions or the deputy prosecutor’s conduct. Also finds the state proved the offenses beyond a reasonable doubt and that Pinkston’s sentence is not inappropriate considering his offenses and character.
Justices: Menards not at fault for customer’s injury caused by defective box
A home improvement retailer wasn’t at fault when a sink fell out of a defective box and injured a customer inside one if its stores, the Indiana Supreme Court has ruled.