Plaintiffs claiming they were injured by steroid injections are not entitled to summary judgment on their state or federal prescription-law claims, the Court of Appeals of Indiana has ruled.
A man who shot a gun into his neighbor’s house has failed in his attempt to convince the Court of Appeals of Indiana to overturn his convictions or five-year sentence.
A trial court’s decision to allow a jury to view four previously viewed exhibits in a felony robbery trial did not constitute fundamental error, the Court of Appeals of Indiana affirmed Wednesday.
Indiana law didn’t back up a man’s contention that a trial court should expunge Indiana Department of Child Services records substantiating his molestation of his sisters, the Court of Appeals of Indiana affirmed Wednesday.
Ricky L. Wilson v. State of Indiana
22A-CR-2837
Criminal. Affirms Ricky Wilson’s convictions of Level 5 felony criminal recklessness, Level 6 felony escape and Level 6 felony possession of cocaine, and his sentence to four years executed with one year suspended to probation. Finds sufficient evidence to support the convictions. Also finds Wilson’s sentence is not inappropriate.
Read the latest Indiana appellate court decisions from the most recent reporting period.
A Noblesville ordinance’s language for sign relocation was ambiguous with its usage of “relocate” and “move,” the Indiana Supreme Court affirmed Monday in upholding a trial court’s judgment in favor of an outdoor signage company.
A hospital sued after a woman’s diagnosis was mailed to the wrong person and subsequently posted to social media secured a partial victory at the Indiana Supreme Court.
A trial court committed reversible error when it proceeded to a bench trial rather than setting the case for a jury trial after the defendant was discharged from a pretrial agreement, the Court of Appeals of Indiana has ruled.
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.