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United States of America v. Tanisha A. Banks
19-3245
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Theresa L. Springmann.
Criminal. Vacates the judgment against Tanisha Banks after presuming that the risk of juror coercion was clear and obvious and that it prejudiced Banks and seriously affected the fairness of the proceedings. Finds the totality of the circumstances created a clear and obvious risk of juror coercion. Remands for a new trial.
Indiana Supreme Court
In the Matter of Paternity of B.Y., Andrea Yanes-Mirabal v. Pardeep Badasay
20S-JP-554
Juvenile paternity. Reverses the Hamilton Circuit Court’s determination that father Pardeep Badasay receive sole legal and physical custody of B.Y. Finds the trial court abused its discretion by conflating mother Andrea Yanes-Mirabal’s contempt of court with the best interest finding of the child. Remands for further proceedings.
Kyung Sil Choi, Bo Kang Park, and Han Chong v. Jung Hee Kim
20S-PL-706
Civil plenary. Reverses the Monroe Circuit Court’s judgment denying a motion for judgment on the evidence and motion to correct error challenging a jury’s $350,000 verdict for Jung Hee Kim against Kyung Sil Choi, Bo Kang Park and Han Chong. Remands the case for a new trial on Kim’s theft claim.
Indiana Court of Appeals
Jesse R. Bunnell v. State of Indiana
20A-CR-981
Criminal. Reverses the Greene Superior Court’s summary denial of Jesse Bunnell’s motion to suppress evidence allegedly obtained through an unlawful search and seizure of his home. Finds that the search warrant affidavit failed to provide the warrant issuing judge with a substantial basis for its probable cause determination because the affiant-officer did not provide information about the detecting officers’ relevant “training” or “experience” that led to the ultimate conclusion. Also finds the search warrant was invalid and the subsequent search illegal, so the trial court erred in denying the motion to suppress.
Pamela Jane Scholl v. Mohammed E. Majd, M.D.
20A-CT-571
Civil tort. Reverses the Floyd Superior Court’s grant of a motion for judgment on the evidence in favor of Dr. Mohammed E. Majd against Pamela Scholl. Finds Scholl presented sufficient evidence regarding the applicable standard of care to defeat Majd’s motion for judgment on the evidence. Remands for further proceedings.
Cedric Woods v. Fitz Simon, Inc. d/b/a Bar 145, et al. (mem. dec.)
20A-CT-1269
Civil tort. Dismisses without prejudice the Allen Superior Court’s entry of summary judgment in favor of Fitz Simon Inc. d/b/a Bar 145 on Cedric Woods’ complaint alleging, among other claims, that the bar’s negligence caused him personal injuries. Finds the Indiana Court of Appeals does not have jurisdiction over the appeal.
In re the Adoption of K.D.D., Minor Child, K.H. and S.H. v. G.D. (mem. dec.)
19A-AD-2496
Adoption. Affirms the denial of stepfather K.H. and mother S.H.’s request to waive the parental consent of father G.D. to K.H.’s adoption of K.D.D. Finds that the Kosciusko Circuit Court did not err when it found that G.D.’s consent was required before the adoption could proceed.
Jeremy McNett v. State of Indiana (mem. dec.)
20A-CR-799
Criminal. Affirms Jeremy McNett’s conviction of Level 4 felony child molesting and his 10-year sentence. Finds the Madison Circuit Court did not err when it admitted an officer’s testimony regarding his interview of McNett. Also finds that the trial court’s findings of aggravating factors did result in reversible error. Finally, finds McNett’s sentence is not inappropriate in light of the nature of his offense and character.
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