A trial court did not violate a convicted child molester’s rights with its jury instructions or abuse its discretion by imposing probation conditions that limit the man’s contact with children, the Court of Appeals of Indiana affirmed Thursday.
Mail-order access to a drug used in the most common form of abortion in the U.S. would end under a federal appeals court ruling issued Wednesday that cannot take effect until the Supreme Court weighs in.
Court of Appeals of Indiana
Kevin Martin v. J. Harvill, et al. (mem. dec.)
23A-CT-416
Civil tort. Affirms the LaPorte Superior Court’s dismissal of Kevin Martin’s complaint. Finds Martin’s arguments are too poorly developed for review.
On June 29, the U.S. Supreme Court clarified the “undue hardship” standard that allows employers to reject some employees’ requests for a religious accommodation under Title VII of the Civil Rights Act of 1964.
Read the latest Indiana appellate court decisions from the most recent reporting period.
Indiana’s requirement for political independents and minor-party candidates to obtain ballot access via petition — a process estimated to cost roughly $500,000 — is not unconstitutional, a federal judge has ruled.
Tuesday opinions
Court of Appeals of Indiana
Derek Fingers v. Robert Carter, et al. (mem. dec.)
23A-PL-132
Civil plenary. Affirms the LaPorte Superior Court’s summary judgment in favor of Robert Carter and others. Finds there is no genuine issue of material fact that Derek Fingers failed to exhaust his administrative remedies prior to bringing his cause of action pursuant to 42 U.S.C. § 1983. Also finds the trial court properly concluded that his claims are barred.
Monday opinions
Court of Appeals of Indiana
Shane Willingham v. Anderson Center
23A-CT-459
Civil tort. Affirms the dismissal of Shane Willingham’s complaint. Finds the Madison Circuit Court did not err in granting Anderson Center’s motion to dismiss and dismissing without prejudice. Also finds Willingham’s claim is a medical malpractice claim and falls under the Indiana Medical Malpractice Act.
Court of Appeals of Indiana
L.T. Garrett v. Nissan of Lafayette, LLC
22A-CT-2583
Civil tort. Reverses the Bartholomew Circuit Court’s grant of summary judgment in favor of Nissan of Lafayette. Orders the trial court to vacate that judgment. Rejects Nissan of Lafayette’s cross-appeal contending that the trial court erred when it declined to rule that a set of requests for admission should be deemed admitted. Finds the designated evidence is insufficient to allow the trial court to conclude that Garrett’s reliance on the verbal representations of the dealership was unreasonable as a matter of law. Remands the case for further proceedings.
A man whose motions to change the judge in his post-conviction relief case have been denied failed to demonstrate the judge would be biased against him, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
The Court of Appeals of Indiana has ordered a trial court to award attorney fees to a woman who successfully fought her neighbor’s nuisance claim.
One week after issuing an order suspending St. Joseph Probate Judge Jason A. Cichowicz for 45 days, the Indiana Supreme Court has issued an opinion explaining its rationale, writing that the judge’s misconduct seemed to be “willful.”
A trial court did not err in admitting evidence seized as a result of a stop and pat-down of a juvenile, the Court of Appeals of Indiana has affirmed.
A man who claims a dealership told him the engine in his truck was under warranty when it really wasn’t should be able to take his case before a jury, the Court of Appeals of Indiana ruled in reversing a trial court’s grant of summary judgment.
The 7th Circuit Court of Appeals is asking the Indiana Supreme Court to provide guidance on what constitutes “arson” under state law.
A district court properly imposed an enhanced sentence on a man convicted of being a felon in possession of a firearm because his three prior burglary convictions in Indiana qualified him for the enhancement, the 7th Circuit Court of Appeals ruled Thursday.
7Th Circuit Court of Appeals
United States of America v. Paul Erlinger
22-1926
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Paul Erlinger’s sentence to 15 years for illegally possessing a firearm. Finds there is no basis to hold that the Indiana burglary statute no longer qualifies for an enhanced sentence mandated by the Armed Career Criminal Act. Also finds that a preponderance of the evidence shows Erlinger’s offenses were committed on separate occasions.
A man who unknowingly pleaded guilty to a charge for which the statute of limitations had run has failed to secure habeas relief at the 7th Circuit Court of Appeals after also failing to secure post-conviction relief in the state courts.
Court of Appeals of Indiana
David W. Helvey v. State of Indiana (mem. dec.)
23A-CR-299
Criminal. Affirms David Helvey’s aggregate 20-month sentence for Level 6 felony intimidation and four counts of Class A misdemeanor intimidation. Finds Helvey’s sentence is not inappropriate in light of the nature of the offenses and his character.
A woman who sued her ex-employer for fraud after her position was eliminated the day she started work cannot add a new fraud claim to her amended complaint, the 7th Circuit Court of Appeals has affirmed.