Justices rule against low-level crack cocaine offenders
The Supreme Court ruled unanimously Monday that low-level crack cocaine offenders convicted more than a decade ago can’t take advantage of a 2018 federal law to seek reduced prison time.
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I-469 worker struck in traffic loses appeal against insurance company
A construction worker struck by a driver while placing barriers on Interstate 469 could not convince the Indiana Court of Appeals on Monday that his bad faith claim against his employer’s insurer was wrongly ruled upon.
COA: Greenwood man who ‘disparaged’ trial judge must pay for settlement negotiations
The Indiana Court of Appeals has affirmed an order requiring a Johnson County man to pay his public adjuster for negotiating a settlement on his damaged home. The court found appellate review of his issues were waived, also noting with distaste his words about the trial judge in his case.
COVID restrictions didn’t lead to violation of public trial in robbery case, COA rules
A man who stole a Jeep after threatening the vehicle’s owner with a hatchet did not have his right to a public trial violated due to restrictions imposed as a result of the COVID-19 pandemic, the Indiana Court of Appeals ruled Monday.
COA upholds admission of drunken driving evidence after motorist stopped for crossing center line
A request to suppress evidence in a Tippecanoe County man’s drunken driving case did not succeed at the Indiana Court of Appeals, which upheld the denial of the suppression motion and found that the stop of the man’s vehicle was lawful.
High court rejects 2 Virginia white nationalist rally cases
The Supreme Court is leaving in place the convictions of two men who as members of a white supremacist group participated in a white nationalist rally in Virginia in 2017 that turned violent.
7th Circuit upholds de facto life sentence for ‘shocking, horrific’ child sex abuse
A man convicted of “horrific” sexual and other abuse against his son failed to convince the 7th Circuit Court of Appeals that a federal judge erred in imposing a de facto life sentence.
COA reaffirms trial court lacked jurisdiction in Florida suit between IU professor, Russian bank
The Indiana Court of Appeals has reaffirmed its prior holding that a Monroe County trial court lacked subject matter jurisdiction in a Florida case between a Bloomington professor and a Russian bank centered on an alleged 2016 political hacking scandal.
COA wishing Vaidik ‘full and speedy recovery’
Indiana Court of Appeals Chief Judge Cale Bradford issued a statement Friday, saying he spoke with his colleague Nancy Vaidik and the entire appellate court is keeping good thoughts for her recovery.
Divided justices reverse suppression order in custodial interrogation dispute
A split Indiana Supreme Court has reversed the suppression of a man’s statements made during a police interrogation, finding that the limited curtailment of his freedom of movement wasn’t akin to formal arrest. But one justice dissented, arguing that the suspect’s language barrier could have kept him from knowing he was free to leave.
Majority justices uphold return of seized Land Rover that went to SCOTUS
After seven-plus years of litigation, the Indiana Supreme Court has ruled in favor of a Marion man seeking the return of his seized white Land Rover. The majority justices concluded Thursday that Tyson Timbs met his high burden of showing that the harshness of his vehicle’s forfeiture was grossly disproportionate to the gravity of his underlying drug dealing offense and culpability for the vehicle’s misuse.
Vaidik recovering from injuries after accident
Indiana Court of Appeals Judge Nancy Vaidik is “steadily improving” after being hit by a falling tree branch while bicycling near the Indiana Dunes State Park on Sunday morning.
Starke Co. Magistrate Judge Calabrese certified for senior status
The Indiana Supreme Court has certified senior judge status for Starke Circuit Court Magistrate Judge Jeanene Calabrese.
Judges appointed to St. Joseph Superior, Terre Haute City Court benches
A St. Joseph County magistrate has been appointed to the St. Joseph Superior Court bench, the governor’s office announced this month. A judge has also been appointed to the Terre Haute City Court.
Judge rules in utility’s favor in deadly Evansville explosion
A judge has ruled in favor of a utility in a lawsuit filed over a 2017 natural gas explosion in southwestern Indiana that killed two women and injured three other people. A Vanderburgh County judge granted CenterPoint’s motion for summary judgment on Tuesday in the civil lawsuit.
Dudley, Molter, Welch named finalists for COA vacancy
Madison Circuit Court Judge Mark K. Dudley, Ice Miller partner Derek R. Molter and Marion Superior Judge Heather A. Welch have been selected as finalists to fill an upcoming vacancy on the Indiana Court of Appeals.
Indiana Court Decisions – May 20-June 2, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Pendleton inmate represents himself in lengthy court battle
An inmate at the Pendleton Correctional Facility represented himself against a former guard for use of excessive force in a legal battle that lasted for nearly six years before culminating in March in an in-person bench trial and an award of $35,000.
COA: Bailment applies in business arrangement gone bad
Despite the pro se defendant claiming he had never heard the word “bailment,” the Indiana Court of Appeals found he became the bailee when he threatened to shoot his friend and pseudo-tenant in a dispute that started with the purchase of a brand new motorcycle.
COA rules pharmacy board’s reach does not extend to expired licenses
Foreseeing the potential for corrupt pharmacists to avoid discipline by letting their licenses expire, the Indiana Board of Pharmacy argued it had the authority to revoke expired licenses, but the Indiana Court of Appeals ruled the board does not have the power under state statute to pull a lapsed license.