Indiana Court of Appeals
James L. Mosley v. State of Indiana
20A-CR-02094
Criminal. Reverses the Ripley Circuit Court’s revocation of three years of James L. Mosley’s probation for his conviction of fraud, as well as its order that he spend those years in prison. Finds a no-contact order cannot be issued to protect a dead person and that Mosley’s probation cannot be revoked based on violation of that void order.
No-contact orders cannot be issued to protect dead people, the Indiana Court of Appeals ruled in a Friday reversal for a man who sent an apology letter to a deceased person he previously committed fraud against.
Indiana Court of Appeals
Paul M. Robey v. State of Indiana
20A-CR-2187
Criminal. Affirms Paul M. Robey’s conviction of Class 4 felony child molesting. Finds the video of the victim’s forensic interview was merely cumulative of B.B.’s testimony, so any error in publishing it was harmless.
Indiana Court of Appeals
Donnie Louis Sawyer v. State of Indiana
20A-CR-1446
Criminal. Reverses the order denying Donnie Louis Sawyer’s petition for depositions of two minors alleged to be victims of child molesting by Sawyer. Finds Indiana Code § 35-40-5-11.5 conflicts with the Indiana Trial Rules 26 and 30, so the provisions of the Trial Rules govern.
Indiana Court of Appeals
Shawn Lacey v. State of Indiana (mem. dec.)
20A-CR-1689
Criminal. Affirms Shawn Lacey’s conviction of Level 5 felony battery. Finds the evidence is sufficient.
The Supreme Court ruled Monday that prisoners who were convicted by non-unanimous juries before the high court barred the practice a year ago don’t need to be retried.
Express Scripts Incorporated v. Department of State Revenue
19T-TA-18
Tax. Denies the Indiana Department of State Revenue’s motion for partial summary judgment and grants summary judgment to Express Scripts on the issue of whether Express Scripts receives its Indiana income from the retail sale of prescription drugs or from the provision of services. Finds Express Scripts receives its Indiana income from the latter. Remands the matter to the department for action consistent with the opinion.
In a case focusing on elevator graffiti, Robert Collier is asking the U.S. Supreme Court to decide whether a single use of the N-word in the workplace can create a hostile work environment, giving an employee the ability to pursue a case under Title VII of the landmark Civil Rights Act of 1964.
7th Circuit Court of Appeals
USA v. Ethel Shelton
19-3388
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Criminal. Reverses and remands Ethel Shelton’s conviction for conspiracy to commit wire fraud and conspiracy to commit honest services wire fraud. Finds that the district court erred when it found that Shelton lacked any reasonable expectation of privacy in her office. Finds Stafford Garbutt’s document collection violated Shelton’s Fourth Amendment rights. Finds the warrant would not have been issued in the absence of the information gathered as a result of the unlawful searches. Thus, the district court should have suppressed the evidence obtained from the search authorized by that warrant, and granted Shelton’s motion for a mistrial.
Soraida Flores v. City of South Bend
20-1603
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge James T. Moody.
Civil. Reverses the Northern Indiana District Court’s dismissal of Soraida Flores’s lawsuit against former South Bend police officer Justin Gorny and the City of South Bend as personal representative of deceased Erica Flores. Although the district court concluded Gorny did not violate the motorist’s constitutional rights, the 7th Circuit finds that Flores’s allegations plausibly state claims against both defendants, and she is therefore entitled to proceed with her case. Remands for further proceedings. Circuit Judge Michael B. Brennan writes separately in concurrence.
Indiana Court of Appeals
Br.S. v. J.N.S.
20A-AD-1790
Adoption. Reverses the Delaware Circuit Court’s ruling that although mother J.N.S. did not communicate with her children when she was able to do so, her lack of communication was justified. Finds J.N.S. did not have justifiable cause for not communicating with the children, so her consent to their adoption by their stepmother is unnecessary. Remands for the trial court to determine whether adoption is in the best interests of the children.
Read Indiana appellate court decisions from the most recent reporting period.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
Katherine Black v. Cherie Wrigley
20-2656
Civil. Affirms a jury’s verdict against Katherine Black in her defamation dispute with Cherie Wrigley and denies her request for a new trial based on her assertions that the Northern District Court of Illinois erred in several ways. Finds no errors warrant a reversal of the jury’s verdict.
A law school professor suing for defamation and intentional infliction of emotional distress could not convince the 7th Circuit Court of Appeals that the jury was wrong to reject her claims.
Indiana Court of Appeals
Karl Woodall v. State of Indiana
20A-CR-00862
Criminal. Affirms Karl Woodall’s murder conviction and the Marion Superior Court’s grant of the State of Indiana’s motion for a mistrial on grounds of jury taint. Finds Woodall was not subjected to procedural double jeopardy upon retrial. Finds the trial court did not commit fundamental error in instructing the jury or in conducting the sentencing hearing.
A northern Indiana man could not convince the 7th Circuit Court of Appeals that a search of his home that revealed drugs and firearms was baseless and that he endured prosecutorial misconduct during his trial.
A debate over a federal criminal procedure rule and a restitution order did not sway a 7th Circuit Court of Appeals panel, which upheld a man’s conviction and sentence for child pornography.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. Adonnis Carswell
20-1036
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Holly A. Brady.
Criminal. Affirms Adonnis Carswell’s convictions of four drug and firearm offenses, including possession of heroin with intent to distribute. Finds that the judge who issued the search warrant intended for Carswell’s home had a reasonable basis for thinking evidence of drug and firearm crimes was likely to be found there. Also finds the prosecution’s closing arguments were not improper, did not make Carswell’s trial unfair and did not deny him due process of law.
Indiana Court of Appeals
Juventino V. Ramirez v. State of Indiana (mem. dec.)
20A-CR-1982
Criminal. Affirms Juventino V. Ramirez’s conviction of Level 4 felony child molesting. Finds the Allen Superior Court’s rulings on Ramirez’s discovery requests were not an abuse of discretion, nor did they violate his constitutional rights. Also finds the trial court did not abuse its discretion when it denied Ramirez’s motion for a continuance, did not allow him to make an offer of proof of a recording of a forensic interview, allowed a witness to give vouching testimony or in instructing the jury. Finally, finds that even if the trial court abused its discretion in allowing vouching testimony or hearsay, the error was harmless.
The Indiana Supreme Court has declined to hear an appeal from a tax trade publication that sought disclosure of tax dollars and incentives Indianapolis and the state offered Amazon in the city’s failed attempt to lure the online retail giant’s coveted second headquarters project known as HQ2.