An administrative law judge’s analysis of a woman’s irrevocable trust as it relates to her Medicaid nursing home benefits eligibility was incomplete, the Court of Appeals of Indiana ruled in a Tuesday reversal.
Court of Appeals of Indiana
Maggie E. Winans v. State of Indiana
23A-CR-80
Criminal. Reverses Maggie Winans’ convictions of Class A misdemeanor domestic battery and Class A misdemeanor resisting law enforcement. Finds the Cass Superior Court committed reversible error when it failed to reset the matter for a jury trial after Winans’ pretrial diversion agreement was terminated. Remands for a jury trial.
Indiana election law’s silence on corporate contributions to independent-expenditure political action committees means such contributions are prohibited or otherwise limited, a split Indiana Supreme Court has ruled.
Court of Appeals of Indiana
Robert J. Plato v. State of Indiana
23A-PC-452
Post-conviction relief. Affirms the Madison Circuit Court’s judgment that Robert Plato did not have ineffective assistance of appellate counsel. Finds the post-conviction court did not err and that Detective LeeAnn Dwiggins acted within the scope of the warrant when she seized Plato’s computer. Judge Rudolph Pyle dissents with a separate opinion.
Court of Appeals of Indiana
Christopher Meadows v. State of Indiana (mem. dec.)
23A-CR-974
Criminal. Affirms Christopher Meadows’ conviction for Class A operating a vehicle while intoxicated. Finds the Decatur Superior Court did not abuse its discretion in admitting evidence garnered from a search warrant affidavit that was not submitted in reckless disregard for the truth.
7th Circuit Court of Appeals
Thomas A. Russell, M.D., et.al. v. Zimmer, Inc.
22-2529
Appeal from the United States District Court for the Northern District of Indiana. Senior Judge Theresa L. Springmann.
Civil. Affirms the dismissal of Thomas Russell and other plaintiffs’ breach claim against Zimmer Inc., finding the plaintiffs had failed to state a viable claim for relief. Finds the complaint did not state a plausible claim that Zimmer failed to use commercially reasonable efforts to sell the earnout products. Also finds the district court did not abuse its discretion in denying the motion to amend the complaint a second time.
A group of medical device firm shareholders failed to show that a distributor didn’t make a reasonable effort to sell their products, the 7th Circuit Court of Appeals affirmed Thursday.
A would-be Republican candidate for U.S. Senate is challenging an Indiana law that would keep him off next year’s GOP primary ballot based on his previous voting record.
A jury wasn’t wrong in rejecting an insanity defense from a woman who stabbed a man and attempted to drown her 6-week-old child, the Court of Appeals of Indiana has affirmed.
Court of Appeals of Indiana
Autumn B. Stahl v. State of Indiana
23A-CR-143
Criminal. Affirms Autumn Stahl’s conviction as guilty but mentally ill of Level 3 felony attempted aggravated battery, Level 5 felony battery with a deadly weapon, Level 6 felony neglect of a dependent and Level 6 felony domestic battery. Finds that based on the evidence presented at trial, it was possible for a jury to have made a reasonable inference that Stahl was mentally ill but still able to understand the wrongfulness of her conduct. Also finds there is sufficient evidence to support the Level 3 and Level 5 felony convictions.
A trust providing regular payments to a woman should be considered a marital asset and included in the assets under consideration for division in the woman’s divorce case, the Court of Appeals of Indiana ruled Wednesday.
West Point was accused in a federal lawsuit Tuesday of improperly using race and ethnicity as factors in admissions by the same group behind the legal challenge that resulted in the U.S. Supreme Court striking down affirmative action in college admissions.
Court of Appeals of Indiana
Charles Force v. New China Hy Buffet LLC
22A-CT-2759
Civil tort. Reverses the St. Joseph Superior Court’s grant of summary judgment in favor of New China Hy Buffet. Finds Charles Force’s designated evidence establishes a genuine dispute of material fact on the question of causation. Remands for further proceedings.
The Indiana Supreme Court will hear arguments in two cases that involve Duke Energy on Thursday, plus another involving the state’s Department of Natural Resources that hasn’t been granted transfer.
A man who sued a Chinese restaurant after he slipped on what appeared to be grease can pursue his negligence claim after the Court of Appeals of Indiana reversed the grant of summary judgment to the restaurant.
Court of Appeals of Indiana
Meleeka Clary-Ghosh, et al. v. Michael Ghosh (mem. dec.)
22A-PL-1411
Civil plenary. Affirms in part a trial court’s judgment in favor of Michael Ghosh. Reverses the trial court’s order that Meleeka Clary-Ghosh and another party pay Ghosh $31,000 in attorney fees. Finds the Hamilton Superior Court properly denied a joint motion to dismiss, and there was sufficient evidence to support the trial court’s denial. Also finds no error in the substance or the form of the trial court’s award of punitive damages; no error in a denial of a motion for change of venue; and no error in the trial court’s denial of a motion for summary judgment. Finally, the UFTA does not authorize the award of attorney fees.
Court of Appeals of Indiana
Kennisha J. Jackson v. State of Indiana (mem. dec.)
22A-CR-2305
Criminal. Affirms Kennisha Jackson’s conviction in Allen Superior Court of murder. Finds no abuse of the trial court’s discretion in either its handling of the evidence at Jackson’s trial or its denial of her motions for mistrial.
The negative collateral consequences a patient potentially faces from an involuntary temporary commitment order makes review of an expired order “meaningful” and not moot, the Court of Appeals of Indiana ruled, though it ultimately affirmed the commitment.
Court of Appeals of Indiana
In the Matter of the Civil Commitment of: M.T. v. Community Health Network
23A-MH-341
Mental health. Affirms M.T.’s temporary commitment. Finds the appeal is not moot because M.T. may face negative collateral consequences with respect to future involuntary civil commitment proceedings if the instant commitment order were invalid and left undisturbed. Also finds Community Health Network presented sufficient evidence to support M.T.’s temporary commitment.
A man’s appeal of his expired temporary involuntary commitment order was not moot, the Court of Appeals of Indiana ruled Thursday. However, the COA also affirmed a trial’s court judgment that granted a petition for the man’s commitment.