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Indiana Court decisions – Nov. 8-19, 2018
Read Indiana appellate court decisions from the most recent reporting period.
2018 DTCI Amicus Activity: Summary of key cases
This year, the Defense Trial Counsel of Indiana has participated as amicus in a variety of issues of significant interest to the defense bar. Although DTCI is unable to become involved in every case in which its participation is requested, the Amicus Committee and the Board of Directors carefully consider each request and welcome the chance to work with defense counsel across the state on important issues of Indiana law before Indiana’s appellate courts.
Mueller accuses Manafort of breaking plea agreement by lying
The special counsel in the Russia investigation is accusing former Trump campaign chairman Paul Manafort of violating his plea agreement by repeatedly lying to federal investigators, an extraordinary allegation that could expose him to a lengthier prison sentence — and potentially more criminal charges.
In labor arbitration class action, 7th Circuit asks, ‘What happens next?’
A wage and hour lawsuit that would have followed precedent became a case of first impression in the 7th Circuit Court of Appeals with a ruling that held that while employers can prohibit class action arbitration, the district court, not the arbitrator, answers the questions about what can be arbitrated.
Evansville family to take civil rights suit against city, police to jury
More than six years after several relatives were charged in connection with the death of their uncle, their civil rights lawsuit against Evansville and Kentucky police is proceeding to trial.
4th defendant in malnourished Vigo Co. boy’s death reaches plea deal
A man charged with neglect in the death of a malnourished 9-year-old western Indiana boy with cerebral palsy has reached a plea agreement in the case. Hubert Kraemer is scheduled to appear Dec. 8 in Vigo Superior Court to plead guilty to charges including neglect of a dependent resulting in serious bodily injury.
Citing opioids’ devastation, state sues Purdue Pharma
Following a two-year investigation during which time multiple Indiana cities and counties and at least 27 states filed lawsuits, Indiana Attorney General Curtis Hill announced Nov. 14 his office is leading the state of Indiana into a legal battle over prescription opioids.
Sua sponte review by COA leads to conviction reversal
A man convicted of trying to steal a catalytic converter got his misdemeanor overturned after the Indiana Court of Appeals reviewed the matter, sua sponte, and ruled the same evidence was the fuel for two convictions.
Justices could allow suit over Apple iPhone app sales
The Supreme Court of the United States seemed ready Monday to allow an antitrust lawsuit to go forward that claims Apple has unfairly monopolized the market for the sale of iPhone apps.
COA heading to South Bend to hear drug, handgun case
The Indiana Court of Appeals will travel north this week to hear arguments in a drug and handgun case.
Indiana family seeks resolution in 30-year-old homicide
The father of a teenage girl who was fatally shot in a 1988 double-homicide in Brazil, Indiana, said he decided to give his first interviews about the killing in the hopes the three-decade-old case will finally be solved.
US Supreme Court pushes deadline on Lake Michigan beach case
The U.S. Supreme Court won’t decide until next year whether to consider arguments from residents of Chief Justice John Roberts’ Indiana hometown of Long Beach over ownership of the Lake Michigan community’s shoreline. The case could have a ripple effect for public and private property rights across the Great Lakes states.
FBI agent’s experience enough to suggest ‘fair probability’ for drug evidence
The 7th Circuit Court has ruled that an FBI agent’s extensive experience dealing with drug-trafficking crimes was enough to establish probable cause to search a man’s home and to allow the admission at trial of the contraband found pursuant to the search.
Judge’s failure to sign commitment order splits COA
For the second time in little more than one month, the Indiana Court of Appeals has addressed the issue of the Marion Superior Court ordering civil commitments by the judge summarily approving commitment orders signed by commissioners or magistrates without signing the orders. But unlike a prior ruling, the COA on Wednesday found that issue waived, though a dissenting judge argued litigants cannot waive the issue of a judge’s failure to perform a statutory duty.
Appeals court orders return of $60K in seized cash
The Indiana Court of Appeals has ordered the return of more than $60,000 in cash seized by an Indianapolis detective who was checking packages at a parcel-shipping company. The same detective’s prior seizure of cash in a similar manner set the precedent in a 2017 case that such searches are unlawful.
Stepdad who exposed self to teen loses indecency appeal
A northern Indiana man who exposed himself to his stepdaughter’s teenage friend has lost his appeal of his public indecency conviction and sentence, with the Indiana Court of Appeals finding sufficient evidence and the man’s criminal history supported the trial court’s decisions.
Molesting conviction vacated under continuous-crime doctrine
The Indiana Court of Appeals reversed one of a man’s two convictions for child molesting when it found that because both occurred during a single “transaction,” it should be vacated under the continuous-crime doctrine.
Discrimination, retaliation claims fail in 7th Circuit termination case
The 7th Circuit Court of Appeals has affirmed a district court’s denial of a woman’s discrimination and retaliation claims against her prior employer, finding insufficient evidence to support her claim that she was terminated for taking medical leave.
Southern District to implement e-filing, discipline rules amendments next month
The U.S. District Court for the Southern District of Indiana has approved amendments to local e-filing and discipline rules after considering public feedback received on proposed changes.