A federal judge has granted most of a property owners association’s motions for judgment and dismissed with prejudice multiple damage-related claims in a civil lawsuit stemming from a 2015 sewage leak caused by a faulty lift station.
The 7th Circuit Court of Appeals upheld the convictions and sentences for five people who took part in a scheme to defraud the Small Business Administration, with the exception of a clerical error in a supervised release condition for one of the defendants.
The Court of Appeals of Indiana has affirmed a man’s conviction for dealing resulting in death, finding the trial court didn’t abuse its discretion in admitting text messages from the victim’s phone as evidence.
The Court of Appeals of Indiana affirmed a trial court’s denial of a man’s petition challenging his continued confinement at a mental health facility, finding the evidence showed the man remained dangerous to himself and others.
A trial court abused its discretion by not granting a man’s request for a mistrial based on an “evidentiary harpoon,” the Court of Appeals of Indiana ruled in a Tuesday reversal.
After a series of back-and-forth decisions, a higher assessment will remain in place for land owned by a Bartholomew County couple whose challenge to that higher assessment for two tax years was untimely.
Court of Appeals of Indiana
Kurt Russell v. State of Indiana
22A-CR-2299
Criminal. Affirms Kurt Russell’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the Boone Superior Court did not abuse its discretion when it admitted evidence extracted from a phone other than the one found on the counter near Maxwell Timbrook’s body because the content of both phones were the same given that they were linked to the same iCloud account. Also find the state presented sufficient evidence that Russell delivered fentanyl to Timbrook, and he died ingesting the fentanyl.
A hospital director who claimed she couldn’t wear a mask to work during COVID due to her anxiety failed to convince the 7th Circuit Court of Appeals that her discrimination and retaliation claims against her former employer should be revived.
In an opinion covering less than two pages, the Court of Appeals of Indiana summarily affirmed a woman’s drug-related convictions, finding she could not challenge the admission of evidence because she explicitly stated at trial that she did not object.
7th Circuit Court of Appeals
Anna Kinney v. St. Mary’s Health, Inc., doing business as St. Vincent Evansville
22-2740
Appeal from the U.S. District Court for the Southern District of Indiana, Evansville Division.
Senior Judge Richard L. Young.
Civil. Affirms the grant of summary judgment to St. Mary’s Health Inc. on Anna Kinney’s Americans with Disabilities Act and Title VII claims. Finds no reasonable juror could find that Kinney could perform certain essential functions of her job without being present in the radiology department that she oversaw, so she was not a qualified individual for the job under the ADA, and even if she had been, the accommodation she requested was not reasonable. Also finds Kinney’s resignation was not a constructive discharge. Finally, regarding promotions Kinney applied for but did not receive, her claims did not show genuine issues of material fact.
Agreeing to consider a mental health commitment case despite the patient’s release, a split Court of Appeals of Indiana has reversed the imposition of a special condition prohibiting the patient from consuming alcohol or drugs during his outpatient treatment.
Court of Appeals of Indiana
In the Matter of the Civil Commitment of G.H. v. Richard L. Roudebush Veterans Affairs Medical Center
23A-MH-490
Mental health. Affirms the involuntary commitment of G.H but reverses a special condition and remands with instructions to the Marion Superior Court to strike the special condition prohibiting G.H. from consuming alcohol and drugs during his outpatient treatment Finds clear and convincing evidence supports the involuntary commitment, but insufficient evidence supports the special condition. Judge Elizabeth Tavitas concurs and dissents in part with separate opinion.
A split 7th Circuit Court of Appeals has affirmed a district court’s denial of The Bail Project’s motion for a preliminary injunction against a law that puts limits on whom charitable bail organizations can bail out of jail.
The Indiana Supreme Court denied transfer to 22 cases for the week ending July 28, with the justices splitting in six denials. No cases were granted transfer.
An appeals court Thursday allowed a rule restricting asylum at the southern border to temporarily stay in place.
The Court of Appeals of Indiana has reversed the denial of a defendant’s motion to suppress evidence related to his meth charge, finding the warrantless entry of his home tainted the subsequent searches and discovery of evidence.
Court of Appeals of Indiana
Demarcus Nance v. State of Indiana
22A-CR-2581
Criminal. Reverses the Marion Superior Court’s denial of Damarcus Nance’s motion to suppress. Finds the officers had no authority to cross the threshold of Nance’s home without a warrant. Also finds the later searches without a warrant were tainted by the earlier illegal entries. Remands for further proceedings.
Court of Appeals of Indiana
Trevor D. Dilk v. State of Indiana (mem. dec.)
22A-CR-2734
Criminal. Affirms Trevor Dilk’s sentence of six years, with two years suspended to probation, for possession of methamphetamine, a Level 4 felony. Finds that any error in the Jennings Circuit Court’s consideration of aggravating circumstances is harmless. Also finds Dilk’s sentence is not inappropriate.
The 7th Circuit Court of Appeals declined to reverse preliminary injunctions against two school districts, upholding orders for the districts to allow transgender students to use the boys’ bathrooms.
The Office of the Attorney General has filed its response to a petition for rehearing in the case against Indiana’s near-total abortion ban, urging the state’s high court to reject a request to keep an injunction against the ban in place, at least temporarily.