Indiana Court Decisions: Dec. 28, 2023-Jan. 10, 2024
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Opinions Jan. 16, 2024
Court of Appeals of Indiana
James Joseph Zentko v. Cassandra Lynn Zentko (mem. dec.)
23A-DR-1455
Domestic relations. Affirms the Clay Superior Court’s order modifying James Zentko’s obligation to pay college expenses for his child, J.D.Z. Finds the trial court did not err when it modified Zentko’s post-secondary educational expenses obligation to cover the child’s enrollment at Illinois Eastern Community Colleges at Olney. Also finds the trial court did not abuse its discretion when it found the father in contempt and ordered him to pay a portion of mother’s attorney’s fees.
Federal judge reluctantly rules Lake Co. judicial selection, rather than election, doesn’t violate Voting Rights Act
Despite obvious disdain for the disparities, a federal judge has ruled in favor of the state on a lawsuit alleging the process of judicial selection — rather than election — in Lake County is discriminatory and unconstitutional.
Opinions Jan. 15, 2024
The following 7th Circuit Court of Appeals opinion was published after IL’s deadline Friday:
United States of America v. David Hueston
23-1057
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly A. Brady.
Criminal. Affirms the judgment of the U.S. District Court for the Northern District of Indiana in its denial of a motion to suppress evidence. Finds the district court reasonably found the detectives’ testimony was credible and because the good-faith exception applied, it correctly denied David Hueston’s motion to suppress evidence. Also finds Hueston failed to present evidence that the issuing judge was not acting in a neutral and detached way.
Opinions Jan. 12, 2024
Court of Appeals of Indiana
Thomas Stone v. State of Indiana
23A-CR-625
Criminal. Affirms Thomas Stone’s convictions of three counts of Level 3 felony rape. Finds that for two of Stone’s rape convictions, as neither is included in the other, they do not constitute violations of double jeopardy principles.
Opinions Jan. 11, 2024
Court of Appeals of Indiana
In Re: The Paternity of V.D.; Brittney Kozenko (Mother) v. Isaac Diaz (Father)
23A-JP-688
Juvenile paternity. Affirms the portion of the Carroll Circuit Court’s order denying mother Brittney Kozenko’s request to relocate to Utah with the parties’ child, but reverses the grant of primary physical custody to father Isaac Diaz. Finds sufficient evidence was presented to support the determination that relocation was not in the child’s best interests. Also finds the trial court clearly erred when it awarded primary physical custody to father. Remands with instructions to enter an order that reflects the trial court’s reconsideration and clarification of that issue and includes a determination regarding what physical custody award is in child’s best interests.
IN Tax Court rules in favor of state revenue department in toll road tax dispute
The Indiana Toll Road’s lease established it as a publicly maintained road for the 2016 and 2017 tax years, the Indiana Tax Court ruled Wednesday in denying three motor carriers’ claims that they should be awarded motor fuel tax refunds for those years.
COA rebukes trial judge in reversing custody order
While a mother cannot relocate to Utah with her child, the trial court erred in awarding primary physical custody of the child to the father, the Court of Appeals of Indiana ruled Thursday, penning a rebuke of the trial judge’s commentary.
COA affirms denial of mother’s request to relocate to Utah
A mother who appealed the denial of her requests to relocate to Utah with her child has failed to convince the Court of Appeals of Indiana that the trial court erred in its custody determinations.
Opinions Jan. 10, 2024
Court of Appeals of Indiana
Jeremy W. Kelly v. State of Indiana
23A-CR-1805
Criminal. Affirms Jeremy W. Kelly’s conviction of Level 2 felony voluntary manslaughter. Finds the Jay Circuit Court did not abuse its discretion when it refused to grant an attorney’s motion to withdraw on the morning of the sentencing hearing.
Denial of motion to replace counsel on morning of sentencing was not error, COA affirms
A man’s displeasure with his appointed counsel in a manslaughter case did not require a trial court to replace the public defender the morning of a sentencing hearing, the Court of Appeals of Indiana affirmed Wednesday.
Opinions Jan. 9, 2024
Indiana Supreme Court
Jennifer Pennington and Joshua Pennington v. Memorial Hospital of South Bend, Inc., d/b/a Beacon Health and Fitness, Spear Corporation, and Panzica Building Corporation
23S-CT-182
Civil tort. Affirms the St. Joseph Superior Court’s summary judgment order for Spear Corporation and Panzica Building Corporation. Reverses summary judgment for Beacon Health and Fitness. Finds Beacon was not entitled to summary judgment on any count, except as to the count regarding the single issue of the level of the water. Also finds some evidence that the risk of harm was foreseeable regarding the injury suffered by Jennifer Pennington, who collided with the corner of a swimming pool wall. Finally, finds the plaintiffs designated no admissible evidence that Spear or Panzica breached their professional duty of care. Remands for trial on all the claims against Beacon.
Split COA affirms denial of PCR to woman with intellectual disabilities convicted of child molesting
A woman with intellectual disabilities whose sentence for child molesting was already cut in half failed in her bid to convince the Court of Appeals of Indiana that she was entitled to post-conviction relief.
Marijuana, meth convictions reversed for insufficient evidence, double jeopardy
The legalization of hemp has led to the reversal of a man’s possession of marijuana conviction at the Court of Appeals of Indiana, which also vacated a meth-possession conviction on double jeopardy grounds.
Merrillville municipal judge loses summary judgment appeal in litigation over court’s closure
In the continued litigation over whether and when the Merrillville Town Court should be shut down, the court’s judge has lost his appeal of a summary judgment ruling in favor of the town council’s passage of an ordinance on the court’s eventual closure.
IN Supreme Court rejects summary judgment for owner of fitness facility where swimmer suffered head injury
The owner of a health and fitness center where a woman suffered a head injury while swimming must face the woman’s negligence-related claims, the Indiana Supreme Court ruled in finding the gym’s owner is not entitled to summary judgment.
Opinions Jan. 8, 2024
Court of Appeals of Indiana
Emanuel Jamel England v. State of Indiana (mem. dec.)
23A-CR-1558
Criminal. Affirms the Hamilton Circuit Court’s order for Emanuel England to serve the remaining five years of his previously suspended sentence in the Indiana Department of Correction after he admitted to committing Level 5 felony robbery and consuming marijuana. Finds the trial court did not err by rejecting lesser sanctions or in selecting the most severe sanction for England’s probation violations.
Opinions Jan. 5, 2024
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
United States of America v. Byron Pierson
21-3248
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Byron Pierson’s conviction of one count of unlawful possession of a firearm by a felon. Finds the district court did not abuse its discretion in not holding an evidentiary hearing on the proffer letter or in allowing the government to present course-of-investigation evidence.
Proffer letter signed before defendant chose to go to trial doesn’t undercut firearm conviction, 7th Circuit rules
A man challenging the proffer letter he signed during plea negotiations before ultimately choosing to go to trial failed to convince the 7th Circuit Court of Appeals that he did not knowingly waive his rights in the initial agreement.
Financial company wins summary judgment on bad debt deductions
A financial company seeking bad debt deductions on defaulted contracts has won partial summary judgment at the Indiana Tax Court.