A man’s convictions on five felony counts of child molesting will stand, the Court of Appeals of Indiana affirmed Thursday, but the court reversed a 102-year sentence and remanded for resentencing.
A U.S. Supreme Court ruling from earlier this year will effectively remove federal protections for most of Indiana’s wetlands — and enable Hoosier lawmakers to repeal already-weakened state protections for those areas.
A Putman County judge’s comments that included profanity and negative connotations about women fell “woefully short” of the expected conduct for judicial officers, the Court of Appeals of Indiana has ruled in reversing a denial to correct error.
Court of Appeals of Indiana
Mallory Stout v. Tanner Knotts
22A-PL-1216
Civil plenary. Reverses the Putnam Circuit Court’s denial of Mallory Stout’s motion to correct error. Finds the trial court erroneously denied Stout’s motion to correct error and failed to recuse. Remands for further proceedings, including the assignment of a new judge.
A man charged with unlawful possession of a firearm after being stopped while walking along the interstate failed to convince the Court of Appeals of Indiana that the stop and seizure of his gun violated his constitutional rights.
A federal judge on Tuesday blocked a rule that allows immigration authorities to deny asylum to migrants who arrive at the U.S.-Mexico border without first applying online or seeking protection in a country they passed through.
Court of Appeals of Indiana
Melinda Crowe v. Chris Allen Drenter
22A-CT-2815
Civil tort. Reverses the Jefferson Circuit Court’s preliminary injunction ordering that Melinda Crowe not use an easement to access the property where she resides. Finds Chris Drenter has not met his burden of showing a reasonable likelihood of success at trial as to the allegations in his complaint for trespass. Also finds that Crowe may not unreasonably interfere with Drenter’s use of the easement.
The Court of Appeals of Indiana has reversed the grant of a preliminary injunction to a southern Indiana property owner who claimed his neighbor was “hostile” in blocking an easement on his property.
A man convicted as a teenager of murder whose sentence has already been reduced from 141 years to 88 years has failed in his most recent bid to obtain another sentence reduction.
An Illinois animal hospital that sued Indiana-based animal health company Elanco for allegedly illegal advertising practices could not convince the 7th Circuit Court of Appeals that two faxes it received from Elanco violated federal advertising law.
A man’s conviction for aggravated vehicular hijacking met the criteria to be classified as a crime of violence for the purposes of a sentence enhancement, the 7th Circuit Court of Appeals has affirmed.
The Worker’s Compensation Board of Indiana erred when it dismissed a Franciscan Health employee’s claim as untimely, the Court of Appeals of Indiana ruled Monday in reversing and remanding the board’s order.
Court of Appeals of Indiana
Angela Santos v. Franciscan Health
22A-EX-2611
Agency action. Reverses the dismissal of Angela Santos’ application for adjustment of claim. Finds the full Worker’s Compensation Board of Indiana erred when it dismissed Santos’ claim. Remands for further proceedings.
Mayor Joe Hogsett’s administration is seeking a stronger approach to force property and business owners to discourage behavior that compromises public safety.
Court of Appeals of Indiana
Patrick Hinton v. State of Indiana
23A-CR-107
Criminal. Reverses Patrick Hinton’s convictions for Level 6 possession of methamphetamine and Class C possession of paraphernalia in the Cass Superior Court. Finds nothing in the record demonstrates probable cause that an officer had plainly viewed evidence of a crime prior to his entry onto Hinton’s property.
Court of Appeals of Indiana
Bryan Priest v. State of Indiana
22A-MI-2845
Miscellaneous. Affirms judgment by the Hendricks Superior Court finding Bryan Priest guilty of operating a commercial vehicle with an alcohol concentration equivalent of 0.04 but less than 0.08. Finds evidence admitted at Priest’s bench trial did not constitute hearsay and complied with the Indiana Administrative Code.
A database readout that was admitted in lieu of a missing breath-test ticket was not hearsay, nor was it a violation of the Indiana Administrative Code, the Court of Appeals of Indiana has ruled in a decision that drew a word of “caution” from the panel.
A debt purchasing company was not substituted as the party of record or determined to be the plaintiff that owned a default judgment of $1,010 against an Ohio resident, the Court of Appeals of Indiana ruled Thursday in dismissing the appeal.
Indiana Supreme Court
Hoosier Contractors, LLC v. Sean Gardner
22S-CT-381
Civil tort. Reverses the denial of Hoosier Contractors LLC’s motion for summary judgment but affirms the denial of Sean Gardner’s motion for partial summary judgment. Finds Gardner did not prove he sustained any injury that would afford him standing to pursue his counterclaim against Hoosier Contractors. Remands with instructions to dismiss the counterclaim for lack of standing. Justice Christopher Goff concurs in the judgment with separate opinion, joined by Chief Justice Loretta Rush.
A man who objected to “literally anything” stemming from a warrantless search of his home didn’t argue the evidence presented at trial conflicted with evidence presented at a suppression hearing, so the trial court didn’t need to revisit the issue.