Indiana Court Decisions: May 18-31, 2023
Read the latest Indiana appellate court opinions from the most recent reporting period.
Indiana Court of Appeals
Articles
COA affirms finding of probation violation after defendant taken into immigration custody
A man who argued he couldn’t comply with the conditions of his probation because he was taken into immigration custody upon his release has failed to convince the Court of Appeals of Indiana that a trial court erred in finding he violated his probation.
Man isn’t entitled to discharge due to continuances, split COA affirms
A split Court of Appeals of Indiana affirmed a trial court’s decision to not give a man discharge on three alcohol-related driving offenses after he did not receive the results of his blood test in a timely manner.
Split COA rules Patient’s Compensation Fund entitled to summary judgment in malpractice case
A split Court of Appeals of Indiana ruled the Patient’s Compensation Fund is entitled to summary judgment in a medical malpractice case.
COA affirms TPR order despite error in findings, conclusions
The Court of Appeals of Indiana affirmed a lower court’s termination of parental rights order despite what it called an “obvious error” in the order.
COA schedules oral arguments in RFRA abortion ban suit for September
The Court of Appeals of Indiana will hold oral arguments in September in a case challenging Indiana’s near-total abortion ban on religious freedom grounds.
Odor of marijuana, though similar to legal cannabis, is enough for reasonable suspicion, COA affirms
Even though legal forms of cannabis can smell the same as illegal marijuana, that doesn’t mean officers can’t use the odor to establish reasonable suspicion of criminal activity, the Court of Appeals of Indiana has affirmed.
COA upholds parenting time, division of assets in divorce case
A father challenging a parenting time order and the division of marital assets has failed to convince the Court of Appeals of Indiana to overturn the final order in his divorce case.
COA: Insurance company’s negligence, spoliation claims should have survived motion to dismiss
An insurer’s claims of negligence and spoliation against a company hired for renovation work after a house fire should have survived a motion to dismiss, the Court of Appeals of Indiana has ruled in reversing a lower court’s decision.
Split COA reduces man’s 3,000-day invasion of privacy sentence to less than 1 year
A man’s repeated letters to his ex-wife violated a no-contact order but did not warrant an aggregate sentence of 3,000 days for misdemeanor invasion of privacy, a split Court of Appeals of Indiana ruled Thursday.
Gunman in 2019 judges shooting argues fundamental error, insufficient evidence on appeal
The man convicted of aggravated battery in connection with the May 2019 shooting of two southern Indiana judges is asking the Court of Appeals of Indiana to overturn his convictions based on fundamental error and double jeopardy violations.
Justices invite amicus briefing in state employee indemnification rights case
The question of whether an Indiana Department of Natural Resources officer committed “criminal” conduct when he committed the act of false informing is pending a decision on transfer to the Indiana Supreme Court, which has invited amicus curiae briefing.
Indiana Court Decisions: May 4-17, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Split justices revoke transfer in ‘inactive’ car registration case
After holding oral arguments May 17, a split Indiana Supreme Court issued an order revoking transfer and reinstating precedent holding that an “inactive” car registration should not be conflated with an “expired” registration.
COA splits, dismisses appeal in battery, criminal recklessness case
A split Court of Appeals of Indiana dismissed a man’s appeal of his felony battery and criminal recklessness convictions and sentence Tuesday, finding he wasn’t entitled to file a belated notice of appeal.
DOC educational credit time not guaranteed for inmates in program, COA affirms
A woman convicted of multiple drug-related crimes received the correct amount of educational credit time and did not have the right to immediate discharge from prison, the Court of Appeals of Indiana ruled Monday.
Opinions May 22, 2023
United States of America v. Travis Lee Beechler
21-3379
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Hanlon.
Criminal. Affirms Travis Beechler’s convictions of possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a previously convicted felon. Also affirms Beechler’s 30-year sentence. Finds Beechler’s Fourth Amendment rights weren’t violated. Also finds the district court didn’t commit reversible error in applying sentencing enhancements.
Split IN Supreme Court denies adoption transfer, with Rush, Massa dissenting
A split Indiana Supreme Court denied transfer in an adoption case after hearing oral arguments in March.
7th Circuit affirms meth conviction, sentence for man on home detention
A search that uncovered 388 grams of methamphetamine and led to a man’s conviction did not violate his Fourth Amendment rights because he waived them as part of his home detention, the 7th Circuit Court of Appeals has ruled.
Baker’s judge pro tem appointment ends as Boone County judge returns
Senior Judge John Baker’s appointment as judge pro tempore of Boone Superior Court 1 came to an end Friday, the Indiana Supreme Court announced.