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.
While a federal judge on Wednesday declared illegal a revised version of a federal policy that prevents the deportation of hundreds of thousands of immigrants brought to the U.S. as children, he declined to order an immediate end to the program.
The Indiana Supreme Court granted transfer to two cases last week, one involving a divorce dispute and another involving a juvenile’s commitment to the Department of Correction.
Court of Appeals of Indiana
Ajay Kumar v. State of Indiana (mem. dec.)
22A-CR-2848
Criminal. Affirms the denial of Ajay Kumar’s motion to withdraw his guilty plea to two counts of Level 6 felony sexual battery, and the denial of his motion to alter the terms of his probation. Finds the Marion Superior Court did not abuse its discretion in denying Kumar’s motion to withdraw his guilty plea because Kumar failed to observe a statutory requirement for a verified request. Also finds the trial court did not abuse its discretion in refusing Kumar’s request to be allowed to have unapproved trips out of the state. Finally, finds the prohibition on Kumar having contact with children under 16 years old is reasonable.
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit Court of Appeals
Marcus Conner v. Dennis Reagle, Warden
22-1780
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Prisoner. Affirms the dismissal of Marcus Conner’s habeas petition. Finds the district court did not abuse its discretion in declining to equitably toll the limitations period governing Conner’s section 2254 petition.
Court of Appeals of Indiana
Joshua N. Pennington v. State of Indiana (mem. dec.)
23A-CR-374
Criminal. Affirms the denial of Joshua Pennington’s petition to file a belated appeal on his sentence of 14 years in the Indiana Department of Correction for sexual misconduct with a minor, a Level 4 felony, and possession of child pornography, a Level 6 felony. Finds the Tippecanoe Superior Court was correct to deny the petition without a hearing. Also finds Pennington is not eligible to appeal his sentence, due to a waiver provision in his plea agreement that plainly stated he was giving up the right to appeal his sentence.
Court of Appeals of Indiana
R.G. v. J.S. (mem. dec.)
22A-PO-2546
Protection order. Dismisses R.G.’s appeal because it is unable to address his arguments concerning Hendricks Superior Court’s orders denying his motions for relief from judgment and dismissing his combined motion to enforce settlement agreement and motion for breach of contract. Finds he waived the issues he attempted to raise because he failed to comply with the Rules of Appellate Procedure.
A trial court’s order for two people to pay expenses related to a discovery dispute wasn’t warranted because the defendants’ underlying motion to compel wasn’t completely successful.
A bank robbery sentence that “far exceeds” the statutory minimum must be revisited, the 7th Circuit Court of Appeals has ruled in vacating the sentence.
In two separate but related cases, the Court of Appeals of Indiana has upheld economic incentives for the development of solar facilities in Pulaski County.
Court of Appeals of Indiana
Connie Ehrlich, et al. v. Moss Creek Solar, LLC, and the Pulaski County Council
22A-PL-1732
Civil plenary. Affirms the Pulaski Superior Court’s order confirming a resolution by the Pulaski County Council that created an Economic Revitalization Area and approved a tax abatement for a proposed commercial solar development by Moss Creek Solar. Finds the remonstrators have standing, but their argument under the applicable statute fails.