A small claims court violated a tenant’s due process rights when it did not give her adequate notice of a hearing on a nonemergency eviction claim and did not allow her to prepare and present her defenses, the Court of Appeals of Indiana ruled.
Court of Appeals of Indiana
Herman O. Fritz v. State of Indiana
22A-CR-2340
Criminal. Affirms and reverses in part Herman O. Fritz’s convictions of Level 6 felony possession of methamphetamine, Class A misdemeanor resisting law enforcement, Class A misdemeanor possession of marijuana with a prior conviction and Class C misdemeanor possession of paraphernalia. Finds the Elkhart Superior Court did not abuse its discretion in the admission of evidence seized from a pat-down search and subsequent search incident to Fritz’s arrest. Also finds the state failed to present sufficient evidence to sustain Fritz’s possession-of-marijuana conviction. Remands with instructions for the trial court to vacate Fritz’s conviction and sentence for the Class A misdemeanor possession-of-marijuana conviction.
A man convicted of drug charges could not convince the Court of Appeals of Indiana that meth-related evidence was improperly admitted at his trial, but he did prevail on his argument that there was insufficient evidence to support a marijuana conviction.
A grandfather may proceed with his petition for visitation with his grandchild, the Court of Appeals of Indiana has ruled in reversing the dismissal of that petition.
Indiana Supreme Court justices granted transfer to two cases last week, including one involving a woman who sued a Red Lobster restaurant for negligence after tripping on an unmarked elevated portion of the restaurant’s floor.
A district court must consider on the merits an inmate’s request to modify the terms of his restitution obligation, the 7th Circuit Court of Appeals has ruled.
A nurse who contracted a skin infection through her work at a Hobart hospital can pursue a medical malpractice complaint against a physician, the Court of Appeals of Indiana ruled in a Thursday reversal.
Thursday opinions
Court of Appeals of Indiana
Laurie Gardner v. Anonymous Physician
23A-CT-345
Civil tort. Reverses the Lake Superior Court’s order dismissing Laurie Gardner’s medical malpractice complaint against Anonymous Physician based on Indiana Trial Rule 12(B)(1) for lack of subject-matter jurisdiction. Finds that while Gardner may not proceed against Anonymous Physician based on his treatment of another patient or his actions as a medical director at the hospital, she may pursue a medical malpractice action related to any treatment she received from Anonymous Physician for her workplace injury. Remands for further proceedings.
The man convicted of the 2015 murder of a pregnant Indianapolis pastor’s wife has lost his argument on appeal that inadmissible statements to law enforcement undercut his convictions of murder and other charges.
Former President Donald Trump will stay on the Minnesota primary ballot after the state Supreme Court on Wednesday dismissed a lawsuit seeking to end his candidacy under a rarely-used constitutional provision.
Court of Appeals of Indiana
In the Matter of the Adoptions of S.S. and A.S. M.S. (Mother) v. Dr.S. and De.S. (mem. dec.)
23A-AD-1237
Adoption. Reverses the issuance of an adoption decree for mother M.S.’s two children. Finds the issuance of the Decree of Adoption was premature. Also finds the Morgan Superior Court did not err in concluding that adoptive grandparents Dr.S. and De.S. proved by clear and convincing evidence that for at least one year, M.S. failed without justifiable cause to communicate significantly with the children when able to do so. Remands.
Read Indiana court decisions from the most recent reporting period.
Masterbrand Cabinets v. Douglas Waid deals with an issue that comes up very often in Indiana workers’ compensation. It is a question for which there has not been clear legal standards, certainly before this decision, and arguably still currently.
A May decision from the U.S. Supreme Court that narrowed environmental regulations on wetlands not connected to larger bodies of water will be the focus of an upcoming joint symposium hosted by IU Maurer and IU McKinney.
Court of Appeals of Indiana
Brandon E. Klein v. Leanne Salatas (mem. dec.)
23A-DR-1640
Domestic relations. Affirms Lake Superior Court’s denial of Brandon Klein’s motion to set aside the default judgment entered against him on pending motions in the child custody proceeding. Finds the trial court did not abuse its discretion when it denied Klein’s Trial Rule 60(B) motion. Also finds father should have pursued a direct appeal from the trial court’s denial of his motion to correct error.
The Indiana Supreme Court will hear oral arguments Wednesday in a case involving a man who was convicted of 10 counts of misdemeanor invasion of privacy but whose sentence was sharply reduced by a split Court of Appeals of Indiana.
Court of Appeals of Indiana
Dustin J. McKee v. State of Indiana (mem. dec.)
23A-CR-549
Criminal. Affirms Dustin McKee’s conviction for murder and aggregate 83-year sentence in the Elkhart Circuit Court. Finds any instructional error was invited. Also finds the evidence is sufficient to rebut McKee’s claim of self-defense and to negate sudden heat. Finally, finds his aggregate sentence is not inappropriate.
A district court did not plainly err in applying a sentencing enhancement to a man who pleaded guilty to distributing drugs, the 7th Circuit Court of Appeals has ruled.
A worldwide retailer’s complaint against its insurer will not continue in Indiana state court after the Court of Appeals of Indiana affirmed dismissal for lack of personal jurisdiction.
Despite an improper jury instruction, the Court of Appeals of Indiana has upheld murder and attempted robbery convictions in a case involving a drug deal turned deadly.