Indiana Court of Appeals
Michael D. Wayne Fleming, III v. State of Indiana (mem. dec.)
20A-CR-935
Criminal. Affirms Michael Fleming III’s aggregate 85-year sentence for felony murder and Level 1 felony attempted murder. Finds the Madison Circuit Court did not abuse its sentencing discretion. Also finds Fleming’s sentence is not inappropriate in light of the nature of his offenses and his character.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Deborah M. v. Andrew M. Saul, Commissioner of Social Security
20-2570
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Tim A. Baker.
Civil. Affirms the denial of Deborah M.’s request for a remand of an administrative law judge’s determination that she has the capacity to perform light work and thus is not entitled to Social Security disability benefits. Finds the ALJ did not ignore a line of evidence contradicting her decision, her assessment of plaintiff’s symptoms was not patently wrong and she did not fail to note any supported manipulative limitations. Also finds the ALJ’s decision was supported by substantial evidence.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Roderick V. Lewis v. Dushan Zatecky
20-1642
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Reverses the denial of Roderick Lewis’ petition for writ of habeas corpus. Finds the decision of the last responsible state court was contrary to U.S. Supreme Court precedent, insofar as it held that Strickland, not Cronic, furnished the applicable rule, and it was an unreasonable application of Cronic, insofar as it focused on that case. Remands for the issuance of the writ, limited to resentencing. Judge Michael Brennan dissents with separate opinion.
A convicted murderer who during sentencing received “literally no assistance from his lawyer” won resentencing after a majority of a 7th Circuit Court of Appeals panel reversed the denial of his habeas petition. A dissenting judge, however, opined that the majority’s holding improperly expands U.S. Supreme Court precedent.
A company that operates health care facilities for people with mental disabilities has lost an appeal of judgments saying it was not entitled to reimbursement from the state’s Medicaid program for the costs of over-the-counter medication.
After the fanfare of the 2021 NCAA March Madness Tournament, the Indianapolis-based college athletics organization is heading back to the court — this time, an actual courtroom in the Circle City — in a contract dispute over a radio broadcast contract canceled during the pandemic.
Read Indiana appellate court decisions from the most recent reporting period.
An Indianapolis security guard who shot and killed a woman in her vehicle must remain in jail until his trial, the Indiana Court of Appeals has ruled, affirming the denial of the guard’s petition for release on bail in a “close case.”
The Indiana Supreme Court has granted transfer to two cases, including one case presenting an issue of first impression as to whether law enforcement can establish probable cause for a search warrant based only on the smell of marijuana.
Indiana Court of Appeals
Randy C. Axelrod, M.D. v. Anthem, Inc. and all of its affiliates, WellPoint, Inc., and Amgen, Inc.
19A-PL-1171
Civil plenary. Affirms the denial of Randy C. Axelrod’s motions for a mistrial or a new trial after a jury returned a verdict in favor of Anthem Inc. and all of its affiliates, WellPoint Inc. and Amgen Inc. Finds the Marion Superior Court did not misapply Indiana Trial Rule 60(B)(3).
A man’s three-year sentence for domestic battery and contempt of court was affirmed Tuesday by the Indiana Court of Appeals.
Indiana Court of Appeals
Jeffrey Archer v. State of Indiana
20A-CR-1677
Criminal. Reverses the grant of the state’s motion to quash Jeffrey Archer’s notice of deposition. Finds the state did not meet its showing of a paramount interest in non-disclosure under the Dillard test, so the Marion Superior Court abused its discretion by quashing the subpoena for L.B.’s deposition. Remands for proceedings.
An alleged child molesting victim must be deposed by her alleged molester’s defense team again, the Indiana Court of Appeals has ruled, finding the defendant is entitled to take a second deposition as he prepares for a second trial.
Indiana Court of Appeals
Tanika Stewart v. State of Indiana
20A-CR-1809
Criminal. Affirms Tanika Stewart’s felony murder conviction. Finds Stewart’s challenge to the admission of State’s Exhibit 34, video surveillance footage, is waived, and the Vanderburgh Circuit Court did not abuse its discretion in admitting State’s Exhibits 43 through 45, also video footage, due to their quality. Also finds any error in the exclusion of witness Antonio Bushrod’s statements was harmless. Finally, finds the state presented sufficient evidence to rebut Stewart’s self-defense claim.
An order for a brother to pay nearly $245,000, including more than $100,000 in attorney fees, in a dispute with his siblings over a breach of their mother’s revocable trust was affirmed Friday by the Indiana Court of Appeals.
Indiana laws restricting the delivery of wine to consumers have been upheld by a federal judge who rejected constitutional challenges from an out-of-state retailer, in contrast to another recent ruling in a case challenging state alcohol licensing laws.
A federal appeals court in California refused Thursday to permit 14 states led by Republican governors to challenge the overturning of a Trump-era immigration rule affecting hundreds of thousands of people. A panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 against permitting intervention by the states, including Indiana.
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
David Branscomb and Tammy Branscomb v. Wal-Mart Stores East, L.P. and James Clark
20S-CQ-515
Certified question. Answers a certified question from the U.S. District Court for the Northern District of Indiana and holds that when there are no allegations that a store manager controlled the premises where alleged harm occurred, he or she cannot be held liable under Indiana law. Finds plaintiffs David and Tammy Branscomb cannot recover from store manager James Clark based on their failure to properly hire, train and supervise claim, their failure to have and/or implement proper safety policies and procedures claim, or their failure to inspect and maintain the property claim.
The Indiana Attorney General’s Office waited too long to file claims under a crime insurance policy after a former Lawrenceburg city official absconded with more than $40,000 in misappropriated public funds, the Indiana Court of Appeals ruled Thursday, finding for the insurer and reversing a trial court judgment in favor of the state.
Ruling in a case presenting “somewhat unusual circumstances,” the Indiana Court of Appeals reversed the denial of a petition for grandparent visitation, finding the trial court had erred in determining the visitation would not be in the granddaughter’s best interests. The appeals court remanded for proceedings to establish a grandparent visitation order in the case.