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Court of Appeals of Indiana
Darleana Johnson v. Housing Authority of South Bend
22A-EV-1751
Eviction. Reverses the order evicting Darleana Johnson. Finds the ejectment statute does not apply to the instant matter. Also finds Johnson was deprived of her constitutional right to due process. Remands for further proceedings.
A business manager who embezzled more than $573,000 from a Catholic parish in Indianapolis over a 13-year period has been sentenced to two years in federal prison, the Department of Justice announced Monday.
The United States Attorney’s Office for the Southern District of Indiana has recovered $2 million as part of a civil settlement with an Indiana autism therapy provider and its owner over allegations of Medicaid fraud.
An Adams County sheriff’s deputy did not violate a motorcyclist’s rights when the deputy charged him with operating a vehicle while intoxicated after stopping him for a different violation, the Court of Appeals of Indiana has ruled.
The Indiana Tax Court has affirmed the Indiana Department of State Revenue’s decisions about the amount of sales tax that a pharmaceutical research firm owes on its research-and-development-related utility purchases.
The Court of Appeals of Indiana has affirmed the denial of a motion to suppress on interlocutory appeal in a drug case stemming from a traffic stop.
After the trial court judge issued a scathing opinion declaring Indiana’s civil litigation system was “broken,” the Court of Appeals of Indiana has reversed summary judgment in the underlying negligence case, finding the judge was biased.
Court of Appeals of Indiana
Penny Chappey and Gregory Chappey v. Joseph Paul Storey and Complete Auto & Tire, LLC
22A-CT-979
Civil tort. Reverses summary judgment for the defendants on Penny Chappey’s negligence complaint. Finds the Carroll Circuit Court judge was biased. Also finds there is a genuine issue of material fact that precludes the entry of summary judgment. Remands with instructions that the plaintiffs are entitled to a new judge.
The Court of Appeals of Indiana has once again rejected a request by the Indiana Repertory Theatre to hold that COVID-related closures during the height of the pandemic equated to “physical loss” under the theater’s insurance policy.
Indiana Attorney General Todd Rokita is under investigation by the Indiana Supreme Court Disciplinary Commission in relation to his televised statements about the doctor who oversaw a medication abortion for a 10-year-old rape victim from Ohio.
A wrongful death lawsuit filed by the mother of a man fatally shot while being chased by a police officer in Indianapolis has been settled for $390,000.
A white correctional officer in southwestern Indiana who is seen in body camera footage punching a Black inmate during a struggle has been fired.
President Joe Biden’s calls in his State of the Union speech for strong criminal penalties in response to soaring deaths linked to the potent opioid fentanyl are being rebuked by harm reduction advocates who say that approach could make the problem worse.
The Court of Appeals of Indiana has ordered a trial court to reexamine a criminal forfeiture after granting the defendant’s motion for relief from the forfeiture, then granting the state’s motion reinstating it.
The Court of Appeals of Indiana is hiring for a new judge to take the bench this summer.
Court of Appeals of Indiana
Tyson Eminger v. State of Indiana
22A-CR-1077
Criminal. Reverses the Noble Superior Court’s order granting the state’s motion for relief from judgment under Trial Rule 60(B)(8). Finds the trial court erred. Remands with instructions.
A trial court properly awarded interest on a reduced jury verdict, not the original verdict amount, the Court of Appeals of Indiana has ruled, pointing to the parties’ pretrial stipulation.
The former chief public defender in Lawrence County has resigned from the Indiana bar after failing to effectively defend an accused rapist, including failing to take depositions of witnesses who had potentially exculpatory information.
Longtime real estate attorney Marci Reddick has been named president of the Capital Improvement Board of Marion County, the city announced late Thursday.
A judge sentenced a northern Indiana man Thursday to 55 years in prison for the stabbing death of a 73-year-old car dealer.