Father loses challenge to sexual abuse convictions, sentence at COA
A father’s requests for a mistrial or a reduced sentence related to his multiple convictions of sexual abuse against his daughters have failed at the Court of Appeals of Indiana.
Court opinions
Articles
Supreme Court rejects novel legislative theory but leaves door open for 2024 election challenges
The U.S. Supreme Court shot down a controversial legal theory that could have changed the way elections are run across the country but left the door open to more limited challenges that could increase its role in deciding voting disputes in 2024.
IN justices grant transfer to Duke Energy, custody cases, deny transfer to separate Duke case
Indiana justices granted transfer to two cases for the week ending June 23, including one that involves Duke Energy’s nearly $2 billion economic development plan.
Discovery sanction was appropriate due to ‘egregious’ violation, IN justices affirm in child molesting case
An Indiana trial court properly sanctioned the state by excluding a defendant’s statements related to a polygraph that was supposed to be admissible, the Indiana Supreme Court has ruled.
Indiana man can’t be removed from sex offender registry for Kentucky offense, COA affirms
A man convicted of a sex crime against a minor 15 years ago in Kentucky must remain on Indiana’s sex offender registry, the Court of Appeals of Indiana affirmed Tuesday.
Opinions June 27, 2023
Indiana Supreme Court
State of Indiana v. Bryan D. Lyons
23S-CR-163
Criminal. Grants transfer and affirms the suppression of incriminating statements Bryan D. Lyons made immediately after a polygraph that was changed to a “non-stipulated,” inadmissible investigatory examination without disclosure to the state. Finds that before excluding evidence as a Trial Rule 37 discovery sanction, a trial court must find that the exclusion is the sole remedy available to avoid substantial prejudice or that the sanctioned party’s culpability reflects an egregious discovery violation. Also finds the Lawrence Superior Court’s order in Lyons’ case enforced Trial Rule 37 within those limits.
SCOTUS rules state courts can play role in policing federal elections
The Supreme Court on Tuesday ruled that North Carolina’s top court did not overstep its bounds in striking down a congressional districting plan as excessively partisan under state law.
Supreme Court makes it more difficult to convict someone of making a threat
The U.S. Supreme Court ruled Tuesday to make it more difficult to convict a person of making a violent threat. The case could make it harder for prosecutors to convict certain people who threaten elected officials, including the president.
Opinions June 26, 2023
Indiana Supreme Court
S.D. v. G.D.
23S-PO-89
Protective order. Affirms the issuance of a two-year protective order against father S.D., with the Starke Circuit Court finding that mother G.D. had established that “domestic or family violence” occurred and that father “represents a credible threat to the safety” of G.D. and child H.D. Finds the trial court’s evidence-based findings support its judgment issuing a protective order against S.D.
IN justices reinstate 2-year protective order against father in domestic violence case
The Indiana Supreme Court affirmed a two-year protective order Monday for a mother and her child, upholding a trial court’s ruling that the child’s father “represents a credible threat to the safety” of the mother or child.
7th Circuit vacates summary judgment for Cook Medical in IVC filter cases, finding lack of jurisdiction
Two women who joined a wide-ranging MDL against Cook Medical did not allege injuries more than the jurisdictional minimum of $75,000, the 7th Circuit Court of Appeals has ruled in vacating the district court’s grant of summary judgment in Cook’s favor.
Sex crimes convictions, 650-year sentence upheld at COA, but dissenting judge points to pre-Wadle double jeopardy rules
The rape-related convictions that led to a man’s 650-year aggregate sentence will stand, as will the sentence itself, a split Court of Appeals of Indiana affirmed Monday in a ruling that included a dissent from one judge on the issue of double jeopardy.
The Supreme Court’s biggest decisions are coming. Here’s what they could say
The U.S. Supreme Court is getting ready to decide some of its biggest cases of the term. The high court has 10 opinions left to release over the next week before the justices begin their summer break.
Opinions June 23, 2023
Court of Appeals of Indiana
In re the Supervised Estate of Gene D. Bricker, Deceased Ann Bricker v. The Estate of Gene D. Bricker and Dennis Bricker
23A-ES-3
Estate supervised. Affirms the Hancock Superior Court’s denial of Ann Bricker’s petition to have real estate and a farm account included in Gene Bricker’s estate. Finds there is some similarity between transfer-on-death transfers and a trust designed to defeat a surviving spouse’s share, but concludes the TOD transfers in this case cannot be included in Gene Bricker’s estate. Also finds TOD transfers cannot be found to be “testamentary in nature” for purposes of the state’s spousal inheritance statute.
DOJ correct in refusing employee depositions, 7th Circuit affirms
The Department of Justice’s refusal to allow Ascension Medical Group to depose a Drug Enforcement Agency agent and a federal prosecutor in state court was reasonable and in line with federal regulations, the 7th Circuit Court of Appeals affirmed Thursday.
IN Supreme Court: Man should have been allowed to introduce opinion testimony in child molest case, but error was harmless
A unanimous Indiana Supreme Court agreed that a trial court erred in not admitting testimony about the character of a man’s daughter in a child molestation case. However, justices also ruled the error was harmless.
COA increases damages, reverses against tenant in breach-of-lease dispute
A landlord-tenant dispute between college friends was resolved in favor of the landlord at the Court of Appeals of Indiana, though a dissenting judge would hold that it was the landlord, not the tenant, who breached the lease.
Widow fails in bid to include bank account, real estate in husband’s estate
A widow trying to include her husband’s bank account and real estate in his estate despite the property being bequeathed to their son failed to find relief from the denial of her petition at the Court of Appeals of Indiana.
Supreme Court rejects Republican-led challenge to Biden policy on deportations
The U.S. Supreme Court on Friday rejected a Republican-led challenge to a long-blocked Biden administration policy that prioritizes the deportation of immigrants who are deemed to pose the greatest risk to public safety or were picked up at the border.
SCOTUS upholds federal law used to prosecute people who encourage illegal immigration
The Supreme Court on Friday upheld a section of federal law used to prosecute people who encourage illegal immigration, ruling against a California man who offered adult adoptions he falsely claimed would lead to U.S. citizenship.