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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following Indiana Supreme Court opinion was posted after IL deadline on Wednesday:
Performance Services, Inc. v. Randolph Eastern School Corporation
23S-CP-59
Civil plenary. Affirms the grant of summary judgment to Randolph Eastern School Corporation in its contract dispute with Performance Services Inc. over a wind turbine project. Finds the contract between the parties constitutes an unauthorized investment under Indiana law, rendering the contract void and unenforceable.
Thursday opinions
Court of Appeals of Indiana
Thomas J. Herr v. State of Indiana
22A-PL-142
Civil plenary. Affirms the Tippecanoe Superior Court’s grant of summary judgment to the state and the denial of summary judgment to Thomas Herr on his claim that the Tippecanoe County closed primary election system is unconstitutional. Finds Herr has failed to show that Tippecanoe County’s closed primary system for electing judges violates the First or 14th Amendments, so the trial court did not err in denying his motion for summary judgment and granting the state’s. Also finds the trial court did not err in determining Tippecanoe County’s closed primary election system does not violate Herr’s right to vote under the Indiana Constitution. Finally, finds the trial court did not err in determining the closed primary system does not violate Herr’s rights under the privileges and immunities clause of the Indiana Constitution.
Steven E. Ingalls, Jr. v. State of Indiana
22A-PC-2431
Post-conviction. Reverses the denial of Steven E. Ingalls Jr.’s petition for post-conviction relief. Finds Ingalls’ counsel’s deficient performance led to the violation of his right to a jury trial. Remands with instructions to vacate Ingalls’ conviction for criminal mischief in the underlying cause.
John Shelton v. State of Indiana (mem. dec.)
22A-PC-3048
Post-conviction. Reverses the denial of John Shelton’s petition for post-conviction relief. Accepts the state’s concession of error on Shelton’s arguments that the Hendricks Superior Court should have given him reasonable time to amend his petition after the State Public Defender’s Office withdrew its representation, denied the state’s motion for summary judgment, and entered findings of fact and conclusions of law. Finds Shelton waived the additional arguments he raised in a reply brief. Remands.
Andrew K. Evans v. State of Indiana (mem. dec.)
23A-CR-13
Criminal. Affirms the denial of Andrew K. Evans’ motion for discharge under Indiana Criminal Rule 4(C), claiming the state failed to bring him to trial within the one-year period established by that rule. Finds Evans’ motion was premature and the state has five more days to try him.
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