Indiana Court of Appeals
Indiana Department of Transportation v. FMG Indianapolis LLC, et al.
20A-PL-215
Civil plenary. Reverses the Hamilton Superior Court’s order that reversed an Indiana Department of Transportation ruling revoking billboard permits held by FMG Indianapolis. Concludes INDOT’s order revoking FMG’s sign permit and ordering that one of the signs be removed is not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance law.
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Byron D. Harris, Jr. v. State of Indiana
20S-CR-546
Criminal. Affirms Byron Harris Jr.’s conviction in adult court of attempted murder. Finds that a child in adult criminal court may use Evidence Rule 615(c) to establish that a parent is “essential” to the presentation of the defense and is thus excluded from a witness-separation order. However, also finds Harris did not make the requisite showing under the rule, nor did he show he had a due process right. Finally, finds the Elkhart Circuit Court did not abuse its discretion when it did not sentence Harris under the alternative juvenile sentencing scheme, and his sentence of 37 years is not inappropriate in light of the nature of his offense and his character.
A man who set fire to a government building to destroy evidence of pornography constituting parole violations will have one of his arson convictions vacated after the Indiana Court of Appeals used recent caselaw to find a double jeopardy violation.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
United States of America v. Stanford Wylie
19-2140
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller Jr.
Criminal. Vacates the portion of Stanford Wylie’s sentence that imposes five years of supervised release. Finds the district court erred in finding it was required to impose a five-year term of supervised release. Remands to reconsider the length of Wylie’s supervised release and for further proceedings.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
United States of America v. Shawn Bacon
20-1415
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Holly A. Brady.
Criminal. Affirms Shawn Bacon’s convictions on drugs and firearms charges, the denial of his motion to suppress and the denial of his request for a Franks hearing. Finds that on balance, the controlled buys in this case were reliable indicators that Bacon was selling drugs from his home, even though the buys included “middlemen” who were not search or wired. Also finds the district court did not err in denying Bacon a Franks hearing because the “omissions” in a probable cause affidavit supporting a search warrant were immaterial. Finally, finds there was sufficient evidence to support his convictions.
Indiana Court of Appeals
Scott D. Hartman v. State of Indiana (mem. dec.)
20A-CR-422
Criminal. Affirms Scott D. Hartman’s convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor operating a motor vehicle while privileges are suspended. Finds the Delaware Circuit Court did not violate Hartman’s speedy-trial request when it granted the state’s motion to continue under Criminal Rule 4(D). Also finds Hartman has waived his appellate challenges to the admission of evidence and to the limiting of his cross-examination of his passenger at the time of his crimes.
The following Indiana Supreme Court opinion was issued after IL deadline Thursday:
G&G Oil Co. of Indiana, Inc. v. Continental Western Insurance Co.
20S-PL-617
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment in favor of Continental Western Insurance Company but affirms the denial of G&G Oil Company of Indiana’s motion for summary judgment in a dispute over coverage of a ransomware attack. Finds that although G&G Oil’s losses resulted directly from the use of a computer, neither party is entitled to summary judgment. Remands for further proceedings.
The Indiana Court of Appeals has upheld a domestic battery conviction against a man who claimed he wasn’t actually married to his victim. The panel also rejected arguments that the statute was unconstitutionally vague.
The city of Indianapolis has lost its appeal in years-long litigation against Hustler Hollywood, which has been trying for more than four years to open a store in the Circle City. The Indiana Court of Appeals on Friday upheld a lower court ruling ordering the city to issue permits to the adult entertainment company.
Neither an insurer nor a claimant was entitled to summary judgment in a dispute over coverage of a ransomware attack, the Indiana Supreme Court has ruled, sending the case back to the trial court.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Jeffery Bridges v. United States of America
20-1623
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the denial of Jeffery Bridges’ petition for habeas relief. Finds that in this case, counsel’s failure to raise an important and meritorious sentencing guideline argument may constitute ineffective assistance of counsel. Also finds that Hobbs Act robbery is not a “crime of violence” as the phrase is defined in the sentencing guidelines. Remands with orders including an evidentiary hearing on defense counsel’s performance under 28 U.S.C. § 2255(b).
A woman whose request for appointed counsel was denied will receive a new trial on her misdemeanor marijuana conviction after the Indiana Court of Appeals determined her constitutional right to counsel was violated.
The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals
United States of America v. Korrtel Filzen
20-1071
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Criminal. Affirms the $1,100 special assessment imposed on Korrtel Filzen for his convictions of 11 felony offenses related to an armed robbery spree. Finds the district court could not have lawfully imposed the $900 special assessment considered in Filzen’s plea agreement, and the lawful sentence that it did impose did not seriously affect the fairness, integrity or public reputation of judicial proceedings. Also finds that the court’s Federal Rule of Criminal Procedure 11 violation was not reversible error.
Although it upheld a man’s six-year executed sentence for drug convictions, the Indiana Supreme Court issued a per curiam opinion reminding trial court about the importance of clarity during guilty-plea sentencing hearings that involve a waiver of a defendant’s right to appeal.
Though most of us might strain ourselves thinking of a reason why one might refuse a pardon or a commutation, multiple individuals have attempted to reject a pardon or commutation, providing both interesting stories and a strange, potential check on the executive.
Despite a ruling in her favor from the Indiana Supreme Court capping her years-long quest to find out how the state of Indiana might carry out an execution, Washington, D.C., attorney Katherine Toomey was still waiting for answers two weeks later.
Read Indiana appellate court decisions from the most recent reporting period.
Cases over the past two decades have eroded the enforceability of certain noncompete agreement terms (aka restrictive covenants). Thus, a standard form noncompete agreement drafted in the 1990s may not withstand a court challenge if used today.
While in the post-pandemic world employees may still be able to spend at least a few days each month working in their pajamas, they will likely encounter more requirements, mandates and restrictions when doing so.
Removal from state court to federal court is a routine aspect of federal court practice, though one fraught with procedural pitfalls. Federal judges in Indiana frequently address removal issues, yet errors continue.