When an Indiana Court of Appeals judge recently veered away from his colleagues’ conclusion that a grieving mother’s statements in a social media post could be constitutionally restricted and prosecuted, he went even further, calling Indiana’s harassment statute unconstitutionally overbroad. Many First Amendment attorneys agree.
Read Indiana appellate court decisions from the most recent reporting period.
Though he’s past the legal ramifications of an early-morning shooting in May, Clark Circuit Judge Andrew Adams must still face a judicial discipline action investigating the matter. His plea and the highly publicized nature of the shooting led the Indiana Judicial Qualifications Commission to take the rare step of publicly confirming its investigation of the incident.
An apartment tenant facing eviction who alleged his landlord failed to take keep the space safe, clean and habitable won favor from an appellate panel Tuesday.
Indiana Supreme Court justices have determined that an amended statute dealing with ownership transfer in instances of eminent domain may be applied retroactively.
An estate that secured more than $100,000 in settlements following a deadly car crash couldn’t convince the Indiana Court of Appeals that summary judgment should not have been granted to the deceased’s parents’ insurer.
Would-be homebuyers secured a partial victory from the Indiana Supreme Court against Rainbow Realty Group after it concluded the parties’ rent-to-buy agreement was not a land-sale contract. However, relief awarded to the tenants under Indiana’s Deceptive Consumer Sales Act was reversed.
Indiana Court of Appeals
William Hedrick v. State of Indiana
18A-CR-01945
Criminal. Grants William Hedrick’s petition for rehearing to correct errors in the Indiana Court of Appeals’ original opinion. Reaffirms the original opinion in all other respects, holding the erroneous admission of the Drug Enforcement Administration agent’s deposition testimony was harmless.
Although the state was able to get a trial court to reconsider the suppression of cellphone evidence in a rape trial, it could not convince the Indiana Court of Appeals that its pursuit of an interlocutory appeal was timely.
Though there is a dispute about who initiated an altercation between a psychiatric patient and his care provider that led to the patient’s death, the factual dispute does not change an earlier Indiana Court of Appeals determination that a wrongful death claim brought by the patient’s estate is subject to the Medical Malpractice Act.
A man’s public intoxication conviction has been reversed after he successfully argued to the Indiana Court of Appeals that his life was not endangered by being drunk next to an Indianapolis street.
A Muncie pain clinic doctor convicted of forgery and prescription-related offenses had his petition for rehearing granted Thursday. However, the Indiana Court of Appeals held that while testimony admitted from a Drug Enforcement Administration agent was in error, it was harmless.
An Indiana Court of Appeals panel admitted it erred in a prior post-conviction ruling, finding after rehearing that a man was entitled to a new trial because a clearly biased juror was seated in his child molesting trial.
The following 7th Circuit was posted after IL deadline Tuesday.
David Camm v. Stanley Faith
18-1440
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Civil. Affirms in part, reverses in part the Southern District Court’s entry of summary judgment on behalf of Robert Stites, Rodney Englert, Stanley Faith, and Sean Clemons in a damages suit brought by former state trooper David Camm. Finds Camm presented enough evidence to proceed to trial on the Fourth Amendment claim as it relates to the first probable-cause affidavit. Remands for trial accordingly. Also finds trial is warranted on the Brady claim against the same four defendants for suppression of Stites’ lack of qualifications and against Faith and Clemons for suppression of the facts surrounding their handling of the DNA profile on Charles Boney’s sweatshirt.
The Indiana Court of Appeals has affirmed that a settlement agreement between the buyers and sellers of Zionsville real estate was valid and enforceable, rejecting the seller’s arguments that a trial court erred by excluding emails between the parties’ attorneys.
Towns and cities in Indiana may not adopt a sewer connection fee structure that contains annual increases for new construction, the Indiana Court of Appeals ruled Wednesday in a development case closely watched by homebuilders and local governments.
Ex-Indiana State Police trooper David Camm, who was convicted then cleared of murdering his wife and young children in multiple trials, partially won an appeal for a new civil trial after the 7th Circuit Court of Appeals ruled in his favor on some of his claims for damages.
Indiana Supreme Court
In the Matter of Brent Welke
49S00-1707-DI-472
Discipline. Suspends attorney Brent Welke from the practice of law in Indiana for three years without automatic reinstatement. Finds Welke committed attorney misconduct by incompetently representing a client, improperly using a nonlawyer assistant and knowingly making false statements of material fact to the Indiana Supreme Court Disciplinary Commission. Justice Steven David dissents regarding the sanction without separate opinion, believing disbarment is warranted.
An Indianapolis attorney who hired a convicted killer to persuade a defendant accused of murder to ditch a public defender and retain him has been suspended for three years for incompetent client representation and lying to the disciplinary commission. A dissenting justice, however, would have disbarred the attorney.
A Rushville man’s sentence of more than 500 years in prison for sexually assaulting his two daughters over the course of their infancy, childhood and teen years was affirmed in large part Tuesday by the Indiana Court of Appeals.