Indiana’s child pornography statute is not unconstitutionally vague, the Indiana Court of Appeals ruled Wednesday, rejecting a northern Indiana man’s challenge to his conviction. The appeals court also found the evidence against the defendant was supported a jury’s guilty verdict.
An Indianapolis abortion clinic is suing the state of Indiana, challenging provisions of a state law upheld last year by the U.S. Supreme Court requiring fetal remains to be buried or cremated after an abortion.
The Indiana Supreme Court recently issued a disciplinary opinion that addressed the issues of confidentiality clauses in settlement agreements, a lawyer’s handling of contraband, and the tension between a lawyer’s duty to report child abuse and the lawyer’s duty of confidentiality.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Court of Appeals
Michael Wisdom v. State of Indiana
20A-CR-931
Criminal. Affirms Michael Wisdom’s 16-year sentence for his conviction of Level 4 possession of a schedule II narcotic drug and a gang-related sentencing enhancement. Finds Wisdom was not twice prosecuted for the same offense in violation of the Indiana Constitution. Also finds the Vanderburgh Circuit Court did not abuse its discretion by admitting into evidence posts from Facebook and Instagram.
An Evansville man whose sentence was enhanced for gang-related activity could not convince the Indiana Court of Appeals that he was prosecuted twice for the same offense in violation of the Indiana Constitution.
A dispute over the terms of a prenuptial agreement has resulted in the division of part of a man’s nearly $1 million retirement accounts with his ex-wife. A dissenting judge, however, would not award the wife any portion of the retirement funds.
Indiana Court of Appeals
Julianne Solomon, Personal Representative of The Estate of Paul J. Martin v. Lia Lindsey
20A-PL-822
Civil plenary. Affirms the Marion Superior Court’s grant of summary judgment to Lia Lindsey concerning the rightful owner of the proceeds from an investment account held by Paul Martin and Lindsey as joint tenants with rights of survivorship. Finds the proceeds belong to Lindsey as the surviving joint account owner as a matter of law.
A divided Supreme Court has dismissed as premature a challenge to President Donald Trump’s plan to exclude people living in the country illegally from the population count used to allot states seats in the House of Representatives.
7th Circuit Court of Appeals
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.
The 7th Circuit Court of Appeals has reversed guilty verdicts against a former Merrillville postal worker convicted in a robbery scheme, finding that a holdout juror at the woman’s trial was subjected to “impermissible coercion.”
A woman suing her doctor for medical malpractice won a reversal in her favor Friday after the Indiana Court of Appeals found she provided sufficient evidence regarding the applicable standard of care.
The Indiana Court of Appeals has reversed the denial of a motion to suppress drug-related evidence found during a search of a Greene County man’s home. The appellate court ruled on an issue of first impression that probable cause for a search warrant cannot be based only on an officer’s detection of the smell of marijuana without additional information about the officer’s training.
A mother has regained legal custody of her child for now after the Indiana Supreme Court reversed a trial court order Friday, finding that a lower court judge improperly “coupled” a finding of contempt against the mother with an analysis into the child’s best interests.
Speaking with reporters via Zoom on Thursday, Indiana Chief Justice Loretta Rush acknowledged that despite efforts to keep courts operating remotely as much as possible, judges will face the difficult task in 2021 of working through COVID-created backlogs and getting their dockets back on schedule.
Indiana Court of Appeals
State of Indiana v. Emmanuel Torres, et al.
20A-CR-943
Criminal. Reverses the grant of Ramon Sanchez’s and Emmanuel Torres’ motions to suppress evidence in Clinton Superior Court obtained after their vehicles were stopped for failing to use their turn signals for at least 200 feet before turning at a stop sign. Finds that Sanchez’s and Torres’ failure to signal a turn until they reached a stop sign was enough for Frankfort officer Kaleb Thompson to establish a reasonable belief that Indiana Code § 9-21-8-25 had been violated. Remands for further proceedings. Judge Paul Mathias concurs with separate opinion.
Incriminating evidence found when two separate drivers were stopped for failing to signal a turn in advance can be used against them, the Indiana Court of Appeals has ruled, though one judge is calling on the Legislature to review traffic laws that lead to “arbitrary” traffic stops.
Indiana Court of Appeals
Nathan C. Albrecht v. State of Indiana
20A-CR-945
Criminal. Affirms the denial of Nathan Albrecht’s motion to suppress evidence found that led to the state of Indiana filing 10 counts of child pornography against him. Finds that the issuing judge had a substantial basis for finding that probable cause existed for the second search warrant and that the second search warrant was particularized in terms of the items to be seized and in terms of the scope of the search to be performed.
The Indiana Court of Appeals has affirmed the commitment of a woman diagnosed with the eating disorder anorexia nervosa, finding sufficient evidence that she was both mentally ill and gravely disabled.
7th Circuit Court of Appeals
Linda Gunn and Christopher Gunn v. Thrasher, Buschmann & Voelkel, P.C.
19-3514
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Vacates the Indiana Southern District Court’s judgment dismissing a complaint brought by Linda and Christopher Gunn and remands the case with instructions to dismiss for want of subject matter jurisdiction. Finds that the Gunns do not contend that the contested sentence in the defendant’s dunning letter caused them any concrete harm.