Indiana Court Decisions: April 6-19, 2023
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Man can be tried in 2nd case involving kidnapping incident, COA affirms in ruling
A trial court can prosecute a Lake County man for a second case that involved alleged criminal acts against his girlfriend and another man, the Court of Appeals of Indiana affirmed in an opinion Thursday.
Opinions April 25, 2023
Joshua D. Clark v. State of Indiana
22A-CR-2421
Criminal. Affirms the Hendricks Superior Court’s denial of Joshua Clark’s request for a jury instruction on the defense of entrapment. Finds the evidence does not indicate a civilian group was an apparent agent of law enforcement. Also finds Clark was not predisposed to commit child solicitation.
Opinions April 24, 2023
Court of Appeals of Indiana
Katrina Louise Fouts v. State of Indiana
22A-CR-917
Criminal. Affirms Katrina Fouts’ convictions on conspiracy to commit murder and failure to report human remains charges. Finds the state presented sufficient evidence to support Fouts’ convictions and that the Hamilton Superior Court did not abuse its discretion in admitting evidence in the case. Also finds the state’s closing argument did not amount to fundamental error.
Opinions April 21, 2023
Douglas Housemeyer and Diane Housemeyer v. Kurt W. Babcock (mem. dec.)
22A-CT-02169
Civil tort. Affirms Hamilton Superior Court’s denial of Douglas Housemeyer and Diane Housemeyer motion to correct error affirming the jury’s verdict. Finds the trial court did not abuse its discretion in denying appellant’s motion to correct error and by affirming the jury’s verdict which awarded zero dollars in damages.
Opinions April 20, 2023
Jordan M. Knudson v. State of Indiana (mem. dec.)
22A-CR-01758
Criminal. Affirms Jordan Knudson’s conviction for murder and his sentence of 65 years. Finds the Ripley Circuit Court did not abuse its discretion by denying his request for a mistrial or by improperly finding two sentencing aggravators. Also finds his sentence is not inappropriate.
Suspected drug dealer who used alias to rent condo wins reversal at 7th Circuit
Although he had used an alias to hide from law enforcement and rent a condo, law enforcement did not have the right to search a suspected drug dealer’s residence with only his landlord’s consent, the 7th Circuit Court of Appeals has ruled.
Would-be Republican candidate in 2022 primary failed to preserve suit for review, COA rules
A would-be Republican candidate in the May 2022 primary failed to preserve his lawsuit for appellate review, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision. The Court of Appeals also ruled other claims were moot.
COA upholds admission of blood draw, lay testimony in OWI case
A driver who injured a motorcyclist during a pursuit has failed to convince the Court of Appeals of Indiana to throw out his OWI conviction on evidentiary grounds.
$11K sanction for unemployment fraud not excessive, 7th Circuit affirms
A woman who failed to report part-time income on her unemployment applications didn’t get an excessive sanction when she was required to repay $11,190 to the state, the 7th Circuit Court of Appeals ruled Tuesday.
Opinions April 19, 2023
Ashton L. Geimer v. Donald Braun, et al. (mem. dec.)
22A-CC-2680
Civil collections. Affirms the negative judgment against Ashton Geimer on her counterclaim against Donald and Linda Braun for trespass to personal property. Finds the judgment denying Geimer’s counterclaim is not clearly erroneous. Declines to award additional appellate attorney fees.
IN Supreme Court to hear oral arguments in wind turbine, adoption cases
The Indiana Supreme Court is set to hear two oral arguments next week involving a wind turbine access dispute and a challenge to an adoption proceeding.
Opinions April 18, 2023
Court of Appeals of Indiana
Andrea Armour v. State of Indiana (mem. dec.)
22A-CR-2407
Criminal. Affirms the revocation of Andrea Armour’s probation. Finds the Hendricks Circuit Court did not abuse its discretion.
Supreme Court: New Jersey can quit mob-busting port agency
The U.S. Supreme Court says New Jersey can withdraw from a commission created decades ago with New York to combat the mob’s influence at their joint port.
Supreme Court lets challenges to federal agencies go forward
The Supreme Court is allowing challenges to the structure of two federal agencies to go forward in federal court.
COA reverses setting aside of tax deed, finds ‘constitutionally adequate’ notice
The failure of two property owners to receive any of the multiple notices sent to them regarding the tax sale of their property did not create an “exceptional” case warranting the setting aside of the tax deed, the Court of Appeals of Indiana has ruled.
Opinions April 17, 2023
Court of Appeals of Indiana
Marion Assets 2020, LLC v. Fiascone Family LP
22A-TP-1681
Verified petition for issuance of a tax deed. Affirms the Lake Superior Court’s conclusion that Marion Assets 2020 LLC provided Fiascone Family LP with constitutionally adequate notice in obtaining a tax deed. Reverses the trial court’s conclusion to set aside the tax deed on equitable grounds. Finds the trial court did not err when it found that Marion Assets provided Fiascone Family with constitutionally adequate notice, but did abuse its discretion when it set aside the tax deed on equitable grounds. Remands with instructions for the court to deny Fiascone Family’s motion to set aside the tax deed.
COA affirms summary judgment, rules for landlord in dog bite case
A landlord whose tenant’s pit bulls bit a mail carrier isn’t liable for damages, the Court of Appeals of Indiana ruled in affirming a trial court’s summary judgment ruling.
Opinions April 14, 2023
Town of Clayton v. Michael Swanson and Evi Swanson (mem. dec.)
22A-CT-1061
Civil tort. Affirms and reverses in part the judgment in favor of Michael and Evi Swanson on their claim against the town of Clayton alleging inverse condemnation of real property. Finds the Hendricks Superior Court did not err when it denied the town’s motion for partial summary judgment on the issue of damages within the drainage easement, but did err when it denied the town’s motion for partial summary judgment on the Swansons’ claims alleging vicarious liability for Murrain Excavating Inc.’s negligence. Also finds the trial court’s findings regarding the Swansons’ inverse condemnation claim are supported by the evidence and are sufficient to show a taking.
COA affirms child molesting convictions, 41-year sentence
A man challenging his child molesting convictions and 41-year sentence found no relief at the Court of Appeals of Indiana.