The Indiana Court of Appeals has agreed with a Hamilton County mother who argued that grandparent visitation granted to her late husband’s parents was not supported by adequate findings.
Following a recent decision that struck down a law limiting when defendants can take the deposition of an alleged child sex abuse victim, the Indiana Court of Appeals has once again allowed a defendant accused of child sex crimes to take the deposition of his accuser.
The Indiana Court of Appeals has ruled against an inmate who sued after money was withdrawn from his prison account to pay for the medical bills of a correctional officer he injured 30 years ago.
The Supreme Court ruled Friday that hundreds of millions of dollars in coronavirus relief money tied up in court should benefit Alaska Natives rather than be spread more broadly among Native American tribes around the U.S.
The Supreme Court on Friday said an expanded number of small refineries can seek an exemption from certain renewable fuel requirements.
Michael R. Jent v. Bureau Of Motor Vehicles (mem. dec.)
20A-CT-02096
Civil tort. Affirms the dismissal of Michael Jent’s complaint against the Indiana Bureau of Motor Vehicles. Finds any error committed by the Marion Superior Court in granting the BMV’s motion to dismiss Jent’s complaint with prejudice was harmless.
Indiana Court of Appeals
Kennic T. Brown v. State of Indiana
20A-CR-2261
Criminal. Affirms the denial of Kennic Brown’s motion to dismiss his charge of Level 6 felony battery against a public safety officer. Finds the disciplinary action taken by the Indiana Department of Correction against Brown for his conduct violation does not preclude the state’s criminal prosecution of him for the same act. Also finds Brown’s motion to dismiss the criminal charge against him on double jeopardy grounds was correctly denied.
Indiana Court of Appeals
Kennic T. Brown v. State of Indiana
20A-CR-2261
Criminal. Affirms the denial of Kennic Brown’s motion to dismiss his charge of Level 6 felony battery against a public safety officer. Finds the disciplinary action taken by the Indiana Department of Correction against Brown for his conduct violation does not preclude the state’s criminal prosecution of him for the same act. Also finds Brown’s motion to dismiss the criminal charge against him on double jeopardy grounds was correctly denied.
The deceased owner’s brother has lost possession of a 10-foot-wide vacant lot after the Indiana Court of Appeals found the trial court was “clearly erroneous” in finding the purchaser did not give proper notice.
Disciplinary sanctions imposed by the Indiana Department of Correction against a Miami County inmate for battering an officer did not constitute double jeopardy barring criminal prosecution, the Indiana Court of Appeals has ruled.
A genuine issue of material fact still exists on the willful or wanton exception to governmental immunity for the use of a 911 system in the case of mishandled Howard County emergency call that resulted in a woman’s death, the Indiana Court of Appeals has affirmed.
A geologist who tried to detour around the summary judgment granted to the Indiana Department of Transportation in his wrongful-termination lawsuit was blocked by 7th Circuit Court of Appeals, which found he was trying to take a road he had already traveled.
Indiana Court of Appeals
Thomas D. Hunter v. State of Indiana (mem. dec.)
20A-PC-1293
Post-conviction. Affirms the denial of Thomas Hunter’s petition for post-conviction relief following his guilty plea to felony murder. Finds Hunter failed to prove he was denied due process based on an alleged Brady violation or that he received ineffective assistance of trial counsel.
The Supreme Court ruled Wednesday that a Pennsylvania public school wrongly suspended a student from cheerleading over a vulgar social media post she made after she didn’t qualify for the varsity team.
The Supreme Court on Wednesday sided with California agriculture businesses in their challenge to a state regulation that gives unions access to farm property in order to organize workers. As a result of the ruling, California will have to modify or abandon the regulation put in place in 1975 after the efforts of labor leader Cesar Chavez.
Adding to the country’s ongoing discussion of the extent of police powers, the Supreme Court on Wednesday put limits on when police officers pursuing a fleeing suspect can enter a home without a warrant.
The Supreme Court on Wednesday ruled that the structure of the agency that oversees mortgage giants Fannie Mae and Freddie Mac violates separation of powers principles in the Constitution.
It’s summertime, which means the Supreme Court is issuing opinions! Many of the cases involve Criminal Law. We’ll highlight a couple here.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
State of Indiana v. Justin Jones
21S-CR-50
Criminal. Reverses an order requiring a confidential informant in Justin Jones’ case to have a face-to-face interview with opposing counsel. Finds that an informant’s identity is inherently revealed through their physical appearance at a face-to-face interview. Also finds that when a defendant requests such an interview, the state has met its threshold burden to show the informer’s privilege applies. Finally, finds the Marion Superior Court did not apply the established balancing test before ordering disclosure. Remands.