The U.S. Supreme Court on Friday upheld the conviction of a man serving a life sentence for his role on an international “kill team” in a case about what happens when one person’s confession might also implicate someone else on trial.
Court of Appeals of Indiana
In The Matter of L.S., a Child in Need of Services, J.C. v. Indiana Department of Child Services
22A-JC-2822
Juvenile CHINS. Dismisses father J.C.’s appeal of the Vanderburgh Superior Court’s denial of his motion to modify the placement of his child, L.S. Finds father’s notice of appeal indicates that the order denying the modification is a final appealable order, but it is not. Also finds father did not seek an interlocutory appeal. Finally, finds the Court of Appeals lacks appellate jurisdiction.
An incarcerated father seeking to modify the placement of his child failed to properly file his appeal and left the Court of Appeals of Indiana without appellate jurisdiction, the court ruled Thursday in dismissing the appeal.
As the Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law deans — including Dean Christiana Ochoa at IU Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.
The U.S. Supreme Court ruled against the Navajo Nation on Thursday in a dispute involving water from the drought-stricken Colorado River.
The Supreme Court ruled Thursday that a man whose conviction on gun charges was called into question by a recent high court decision is out of luck.
An Indiana woman who won a multimillion-dollar verdict against a trucking company for a 2018 accident that left her quadriplegic cannot sue additional defendants for their alleged roles in the same accident, the Indiana Supreme Court ruled Wednesday.
Indiana Supreme Court
Kathryn Davidson v. State of Indiana, et al.
22S-CT-318
Civil tort. Affirms the Monroe Circuit Court’s judgment dismissing Kathryn Davidson’s lawsuit with prejudice and denying Davidson’s motions to correct error and to amend her complaint. Finds claim preclusion does not apply but issue preclusion does, and the trial court was correct in dismissing Davidson’s action on the latter ground. Also finds the trial court was not obliged to review the Rule 12 motions as motions under Rule 56. Finally, finds the trial court was entitled to dismiss the action with prejudice, so it did not violate Davidson’s due process rights.
The Indiana Supreme Court has dismissed an appeal in an adoption case, finding no appellate jurisdiction over the issue of temporary custody.
A dog sniff that led to a man being convicted of possession of methamphetamine was sufficient to establish probable cause to search his truck, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
Read the latest Indiana appellate court opinions from the most recent reporting period.
Court of Appeals of Indiana
Andrea Moore and William Moore v. Jocelyn Negrelli (mem. dec.)
22A-CT-3056
Civil tort. Affirms the jury verdict in favor of Jocelyn Negrelli on a complaint filed by Andrea Moore. Finds the LaPorte Superior Court did not err by denying Moore’s motion for a directed verdict. Also finds the trial court did not err in instructing the jury, and even if it did, Moore was not prejudiced.
United States of America v. John Holden
22-3160
Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Reversed the district court’s judgment and reinstated the criminal charge against John Holden. Finds a truthful answer to the question “are you under indictment?” can be material to the propriety of a firearms sale, whether or not all possible applications of §922(n) comport with the Second Amendment.
Who is responsible when a hospital sends a patient’s diagnosis to the wrong person and that person immediately posts the information on Facebook for hundreds to see?
United States of America v. James E. Snyder
21‐2986
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Matthew Kennelly.
Criminal. Affirms James Snyder’s convictions of bribery and obstructing federal revenue laws. Finds Snyder’s Fourth and Sixth Amendment rights weren’t violated when the government got access to his email accounts. Also finds prosecution of the obstruction charge wasn’t barred by the statute of limitations and that there was sufficient evidence. Finally, finds Snyder’s rights to a speedy trial weren’t violated by the delay between the first and second trials for bribery, that 18 U.S.C. § 666 doesn’t require evidence of a prior quid pro quo agreement, and that there was sufficient evidence for conviction.
United States of America ex rel. Michelle Calderon v. Carrington Mortgage Services LLC
22-1553
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Affirms the district court’s grant of summary judgment in favor of Carrington Mortgage Services. Finds Michelle Calderon did not proffer evidence that would permit a reasonable trier of fact to find that Carrington’s violations of the False Claims Act caused any harm to the U.S. Department of Housing and Urban Development. Also finds the district court did not abuse its discretion in excluding portions of Calderon’s expert testimony.
Linda Gierek, et al. v. Anonymous 1, et al.
22A-CT-01225
Civil tort. Affirms the Elkhart Superior Court’s ruling that the Indiana Medical Malpractice Act applies to the plaintiffs’ claims. Finds the alleged torts are based on health care provided by the hospital. Reverses the trial court’s ruling that it didn’t have subject matter jurisdiction. Finds granting a motion for class certification would not exceed the scope of the trial court’s subject matter jurisdiction. Remands for a consideration of the plaintiffs’ motions for class certification.
Court of Appeals of Indiana
Netflix Inc., Disney DTC LLC, Hulu LLC, DIRECTTV LLC, Dish Network Corp., and Dish Network L.L.C. v. City of Fishers, Indiana, City of Indianapolis, Indiana, City of Evansville, Indiana, and City of Valparaiso, Indiana on behalf of themselves and all others similarly situated
22A-PL-1630
Civil plenary. Affirms the Marion Superior Court’s authority to hear the case pursuant to Indiana Declaratory Judgment Act. Finds the streaming services meet the requirements of the IDJA and the trial court properly exercised jurisdiction. Remands with instructions to vacate the denials of the streaming services’ motions to dismiss.
The following 7th Circuit Court of Appeals opinion was posted after IL’s deadline Friday:
United State of America v. Derrick Granger, Clifford R. King Jr., and Eric Walker
21-2874, 21-3056 and 21-3382
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney.
Criminal. Affirms convictions of conspiring to distribute heroin and methamphetamine, and firearms offenses, for Derrick Granger, Clifford King and Eric Walker. Finds the district court did not abuse its discretion in denying defendants’ objections to the seating of a juror. Vacates Walker’s sentence. Remands for resentencing.
A promotional company that personalizes products shouldn’t be considered the manufacturer of a defective charger that caused a fire, the Court of Appeals of Indiana ruled in affirming a lower court’s decision.