Indiana Court Decisions: Nov. 2-14, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Attempted murder, battery convictions vacated after speedy trial request not met
A man’s attempted murder and battery convictions have been vacated by the Court of Appeals of Indiana, which determined that his speedy trial request was not met.
State intervention needed in CHINS case due to father’s OWI convictions, alcohol issues, COA affirms
A father’s multiple arrests and alcohol abuse issues necessitated removing his three children from his home and placing them with their maternal grandmother, the Court of Appeals of Indiana affirmed Tuesday.
Opinions Nov. 21, 2023
Court of Appeals of Indiana
In the Matter of B.M., C.M., and S.M. (Minor Children), Children in Need of Services, and N.M. (Father) v. Indiana Department of Child Services
23A-JC-1285
Juvenile CHINS. Affirms the DeKalb Circuit Court’s child-in-need-of-services adjudications for father N.M.’s children, B.M., C.M. and S.M. Finds the trial court did not abuse its discretion by denying counsel’s motion to withdraw at the start of the factfinding hearing. Also finds sufficient evidence supports the CHINS adjudications.
7th Circuit rejects disability discrimination argument brought by teacher who wanted to regularly arrive late
A military teacher who said her health issues meant she needed to come into work two hours late each day could not convince the 7th Circuit Court of Appeals that her employer engaged in disability discrimination.
Federal appeals court deals blow to Voting Rights Act, ruling private plaintiffs can’t sue
A divided federal appeals court on Monday ruled that private individuals and groups such as the NAACP do not have the ability to sue under a key section of the federal Voting Rights Act.
COA affirms drug, resisting law enforcement convictions, probation revocation
The Court of Appeals of Indiana has upheld the convictions and sentence of a man convicted on drug-related charges who argued that the revocation of his probation in a separate theft case was an abuse of discretion.
Opinions Nov. 20, 2023
Court of Appeals of Indiana
Steven Slater, Jr. v. State of Indiana
22A-CR-3060
Criminal. Affirms Steven Slater’s convictions in Allen Superior Court of Level 6 felony possession of methamphetamine and Class A misdemeanor resisting law enforcement, his adjudication as a habitual offender, and the revocation of his probation as a result of his new convictions. Finds the state presented sufficient evidence to support Slater’s convictions. Also finds his aggregate eight-year sentence in F6-1027 is not inappropriate given the nature of his offenses and his character. Finally, finds the trial court did not abuse its discretion in ordering Slater to serve the entirety of his previously suspended sentence.
IN Supreme Court denies 21 transfer petitions
The Indiana Supreme Court denied 21 transfer petitions for the week ending Nov. 10, granting none.
IN Supreme Court to hear oral arguments in medical malpractice case
The Indiana Supreme Court will hear oral arguments this month in a case involving a patient who had surgery and was later informed that one of the hospital’s technicians didn’t complete the sterilization process for surgical instruments.
Opinions Nov. 17, 2023
Court of Appeals of Indiana
In Re: The Adoption of P.J.W. James D. DeClerck and Marilyn J. DeClerck v. Ronald J. Walters
23A-AD-1254
Adoption. Affirms the Montgomery Superior Court’s denial of James and Marily DeClerck’s petition to adopt P.J.W. Finds the trial court did not abuse its discretion when it found that adoption is not in the child’s best interests. Judge Terry Crone dissents with separate opinion.
Opinions Nov. 16, 2023
Court of Appeals of Indiana
Steven E. Malloch v. State of Indiana
22A-PC-2053
Post-conviction relief. Affirms the DeKalb Superior Court’s denial of Steven Malloch’s petition for post-conviction relief. Finds Malloch’s trial attorney, John Bohdan, did not perform deficiently by not calling an expert witness about false confessions at Malloch’s trial because he pursued other strategies calculated to sow doubt regarding the veracity of Malloch’s confession. Also finds Bohdan didn’t perform deficiently when he did not call a sleep expert who could not provide an opinion supportive of Malloch or a sleep expert who would have been a reluctant and equivocal witness at best.
Failure to call experts wasn’t deficient, COA rules
A man whose attorney failed to call two key experts in his child molesting trial failed to convince the Court of Appeals of Indiana that his attorney performed deficiently.
Teen’s limited contacts with ex after breakup not threatening, COA rules in reversal of protection order
Wading into a dispute over a middle school romance gone wrong, the Court of Appeals of Indiana has reversed a protective order issued against a teen who tried to contact his ex while the two were at school.
State not responsible for compensating couple that built illegal dam on property, COA affirms
A Grant County couple cannot “rely on the state to bail them out” and are not entitled to compensation for damages related to the construction of a massive dam on their property, the Court of Appeals of Indiana affirmed Wednesday.
Opinions Nov. 15, 2023
Court of Appeals of Indiana
John E. Moriarity, Mae E. Moriarity, and C-A-R-E Auto Auction, Inc. v. State of Indiana, Indiana Natural Resources Commission, and Indiana Department of Natural Resources
22A-PL-2899
Civil plenary. Affirms the Grant Circuit Court’s dismissal of John and Mae Moriaritys’ inverse condemnation action. Finds the complaint did not successfully plead a regulatory taking.
7th Circuit finds felon-in-possession convictions to be multiplicitous
Two felon-in-possession convictions were multiplicitous, the 7th Circuit Court of Appeals has ruled, but a defendant’s other challenges to his drug-related convictions and sentence failed.
Opinions Nov. 14, 2023
Court of Appeals of Indiana
Marion Superior Court Probation Department v. Cheryl Trapuzzano and Jennifer Trapuzzano, as Co-Personal Representatives of the Estate of Nathan Trapuzzano, Deceased
23A-CT-61
Civil tort. Reverses the denial of the Marion Superior Court Probation Department’s motion for summary judgment regarding claims brought by Cheryl and Jennifer Trapuzzano, as co-personal representatives of the Estate of Nathan Trapuzzano. Finds the probation department has quasi-judicial immunity from liability for the estate’s claims. Remands.
Probation department entitled to quasi-judicial immunity on estate’s negligence claim, COA rules
The Marion Superior Court Probation Department is entitled to immunity against the negligence claim brought by the estate of a man who was killed by a juvenile on probation, the Court of Appeals of Indiana has ruled.
Jury instructions, verdict not erroneous in car crash negligence case, COA affirms
A motorist whose vehicle was rear-ended proved negligence on the other driver’s part but was also partially at fault, the Court of Appeals of Indiana affirmed Tuesday, also upholding the jury instructions.