Election-related lawsuits have challenged Indiana laws as they relate to ballot access for both candidates and voters. Decisions in those cases handed down in recent months have been mostly favorable to existing Indiana law.
After running into another roadblock on its quest to overturn a state law that limits its operations in Indiana, The Bail Project isn’t committing one way or the other on whether it will continue working in the state.
Read Indiana appellate court decisions from the most recent reporting period.
A commercial court acted within its discretion in appointing a master to enforce the terms of a settlement agreement reached in a shareholder lawsuit, the Court of Appeals of Indiana affirmed Tuesday.
Tuesday opinions
Court of Appeals of Indiana
James K. McConnell v. Martha A. Doan; Marilyn S. Hall; David Fee; Jerome Henry, Jr.; Thomas B. Walsh; Tim Miller; and Nicolas Ciocca
23A-CT-145
Civil tort. Affirms a settlement agreement and appointment of a commercial court master. Finds the Allen Superior Court did not abuse its discretion in appointing a commercial court master pursuant to Commercial Court Rule 5 or Trial Rule 70. Also finds the settlement agreement does not contain an unenforceable “agreement to agree.”
Monday opinions
Court of Appeals of Indiana
James Andry v. Leo Thorbecke
22A-CT-2942
Civil tort. Reverses the trial court’s order granting Leo Thorbecke leave to file his untimely response and remands for further proceedings on the motion for summary judgment in which the trial court may not consider the late filings. Finds the trial court lacked authority to deviate from the bright-line rule requiring the timely filing of materials opposing summary judgment. Also finds Trial Rule 72(E) offers no relief to Thorbecke under the circumstances presented.
Friday opinions
Court of Appeals of Indiana
Jane C. Irby v. Michael A. Spear (mem. dec.)
22A-PL-2968
Civil plenary. Affirms the Clark Superior Court’s judgment that Jane Irby did not own certain property by adverse possession. Finds Irby did not meet her burden of proving the elements of adverse possession by clear and convincing evidence. Also finds the trial court was able to consider the recorded instruments, photographs and tax statements, as well as the parties’ thorough testimony, and the trial judge visited the site.
Thursday opinions
Court of Appeals of Indiana
K.H. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
23A-EX-413
Appeal in certain administrative proceedings. Affirms the denial of K.H.’s unemployment benefits Finds K.H. does not qualify for unemployment benefits.
A bank’s request to dismiss a long-dormant civil lawsuit for failure to prosecute was untimely, but a trial court was correct in entering summary judgment for the bank based on the doctrine of laches, the Court of Appeals of Indiana affirmed Wednesday.
A man who was told he was free to leave the scene of a traffic stop before being searched convinced the Court of Appeals that his constitutional rights were violated, leading the court to order that his motion to suppress be granted.
A man’s above-guidelines sentence for being a felon in possession of a firearm was not inappropriate given his criminal history, the 7th Circuit Court of Appeals ruled Tuesday.
Court of Appeals of Indiana
Pink Allen Robinson v. State of Indiana
22A-PC-1102
Post-conviction. Affirms the denial of Pink Allen Robinson’s change-of-judge motion. Finds the post-conviction court did not clearly err.
A teen’s placement in the Department of Correction for a “relatively minor” juvenile offense was erroneous, the Court of Appeals has ruled, finding a juvenile court did not sufficiently explore less restrictive options.
Court of Appeals of Indiana
Gareth Sylvester Earl Jones v. State of Indiana
22A-CR-2661
Criminal. Affirms Gareth Jones’ convictions of Level 1 burglary resulting in serious bodily injury and Level 5 robbery, and his 40-year aggregate sentence. Finds the Clark Circuit Court did not abuse its discretion in the admission and exclusion of evidence. Also finds the state presented sufficient evidence to support the convictions. Finally, finds the sentence is not inappropriate.
A man convicted of breaking into an elderly woman’s home and severely beating her could not convince the Court of Appeals of Indiana that his felony convictions or sentence should be overturned.
An insurance company is not contractually required to cover losses related to a class-action lawsuit filed in Taiwan, the Court of Appeals of Indiana affirmed Tuesday.
Court of Appeals of Indiana
The Estate of Joyce Gillette and Kathryn Gillette v. Franciscan Alliance, Inc., Physician On Duty – St. Francis, Chris Hyman, and John Doe Employees of St. Francis (mem. dec.)
22A-CT-1625
Civil tort. Affirms Marion Superior Court’s order granting summary judgment to the defendants. Finds that because the designated evidence shows the defendants did not render life-prolonging care in the face of a valid refusal, they cannot be liable for medical battery.
Court of Appeals of Indiana
Vincent S. Horns v. State of Indiana
22A-CR-2813
Criminal. Affirms Vincent Horns’ convictions of Level 6 leaving the scene of an accident and Level 6 obstruction of justice, and his aggregate sentence of four years. Finds the evidence was sufficient to support Horns’ convictions in the Hendricks Circuit Court. Also finds the sentence is not inappropriate.
A man convicted of setting fire to his sister’s property failed to convince the Court of Appeals of Indiana that the trial court erred in denying his request for a mistrial or in admitting “silent witness” evidence.
Court of Appeals of Indiana
Kenneth R. Kirby, III v. State of Indiana
22A-CR-2917
Criminal. Affirms Kenneth Kirby III’s conviction of Level 4 felony arson. Finds the Vanderburgh Circuit Court did not abuse its discretion in denying Kirby’s motion to dismiss or in admitting testimony regarding the substance of a surveillance camera video recording that was not offered into evidence. Also finds the state presented sufficient evidence to support Kirby’s conviction.