Reversal: Dealing narcotics conviction not supported by sufficient evidence
The Indiana Court of Appeals has reversed a woman’s felony conviction for dealing narcotics, finding there was insufficient evidence to prove she committed the crime.
Court opinions
Articles
4th Amendment argument fails in fatal hit-and-run case
A man could not convince an appellate panel that his Fourth Amendment rights were violated when his vehicle was towed without a warrant in an investigation of a deadly hit-and-run.
Burglary conviction upheld in dispute over pet cats
A man who battered and blinded another man for sending his pet cats to an animal shelter lost his appeal of his felony burglary conviction Wednesday.
Dismissal upheld in Steak ‘n Shake parent shareholder dispute
The Indiana Court of Appeals has affirmed the grant of a motion to dismiss a lawsuit stemming from a shareholder dispute involving the parent company of Steak ‘n Shake.
Trespass conviction overturned for man banned from government building
A trespassing conviction has been vacated for a man who was banned from the Evansville government complex, with the Indiana Court of Appeals addressing first-impression issues of whether outright bans from public buildings are permissible.
Tax Court finds assessment properly included land
A tenant leasing 31,000 square feet for the operation of five restaurants on the ground level of a parking garage owned by the city of Indianapolis found the Indiana Tax Court had no appetite for the argument that the lease included only the building and not the land underneath.
Vanderburgh Co. man loses appeal of sexual misconduct convictions, sentence
A southern Indiana man sentenced to 15 years after being convicted of sexual misconduct with two teenage girls failed to find relief at the Indiana Court of Appeals.
Phone sex operator wins partial victory on appeal
A former phone sex operator who sued the government after she was allegedly fired from a National Guard volunteer position has won partial victory at the 7th Circuit Court of Appeals, which found that a book the woman wrote about her phone sex conversations was “clearly protected speech.”
Justices vacate preliminary injunction in nonsolicitation dispute
The Indiana Supreme Court has vacated a preliminary injunction prohibiting a medical sales representative from recruiting employees away from his former employer, finding a nonsolicitation agreement he had previously signed with the company cannot be reformed.
Jury awards million-dollar verdict in egg dispute
An Evansville-based egg buyer suffered a $1.46 million jury verdict in late November over a broken agreement to buy more than 100 million eggs, but a piece of the fight involving egg packing materials will continue Tuesday before the 7th Circuit Court of Appeals.
Child porn convictions, sentence upheld for father
A father convicted on multiple child porn charges has failed to find relief from his convictions or sentence at the 7th Circuit Court of Appeals.
Reversal: Judgment to be entered for law firm in malpractice case
Judgment will be entered for a northern Indiana law firm facing a legal malpractice claim after the Indiana Court of Appeals reversed the denial of the firm’s motion for judgment on the evidence.
Justices consider ‘de facto life sentence’ for teen convicted of murder
The sentencing fate of a man convicted as a teenager of murder is in the hands of the Indiana Supreme Court as the justices decide how they will rule in the case concerning a “de facto life sentence” for the teen.
Opinions Nov. 27, 2019
The following 7th Circuit Court opinion was posted after IL deadline on Tuesday.
Linda Waldon v. Wal-Mart Stores, Inc.
19-1529
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney, II.
Civil. Affirms the grant of summary judgment to Walmart Stores on Linda Waldon’s negligence claims. Also affirms with order to show cause within 14 days of the date of the decision as to why Waldons’ counsel, James E. Ayers, should not be sanctioned under Rule 46 of the Federal Rules of Appellate Procedure for intentionally altering previously submitted photographs and misrepresenting the record to the court. The 7th Circuit will consider after Ayers’ response whether to send a copy of its opinion to the Indiana Supreme Court Disciplinary Commission.
COA: Song detailing triple-murder scene was admissible evidence
The Indiana Court of Appeals has affirmed a man’s murder convictions, finding a song he wrote and posted online that closely described the murder scene just months later was admissible evidence.
Husband wins remand over asset division in divorce case
A husband who disagreed with the division of assets in his divorce case has won partial victory and a remand from the Indiana Court of Appeals.
Fitbit bandit’s convictions upheld, but 1 count erroneously entered
A man who orchestrated the heist of a big rig trailer filled with Fitbits lost his appeal Wednesday, but a panel of judges tossed one of the convictions entered against the thief after finding it didn’t jibe with the jury’s verdict.
Indiana Court Decisions – Nov. 7-19, 2019
Read Indiana appeallte court decisions from the most recent reporting period.
7th Circuit says lawyer intentionally altered photos, threatens sanction
An order to show cause has been entered against a Crawfordsville attorney whom the 7th Circuit Court of Appeals says intentionally altered photographs entered into the record in a slip-and-fall case. The appellate court also raised the possibility of sending the matter to the Indiana Supreme Court Disciplinary Commission.
Delinquent adjudication affirmed in child molestation case
The Indiana Court of Appeals has affirmed a juvenile’s adjudication as a delinquent for felony child molestation despite the juvenile’s claim that evidence of his crime was not sufficiently established.