COA affirms summary judgment for farmers in land dispute
The Court of Appeals of Indiana has affirmed summary judgment in favor of Lawrence County farmers in a property dispute.
Court opinions
Articles
Court orders new trial in pregnancy discrimination suit against Franciscan Alliance based on ‘monstrously excessive’ damages award
A federal jury’s award of $5.5 million to a former Franciscan Health employee who sued the health system for pregnancy discrimination suggests the verdict was based on “passion and prejudice,” a judge has ruled in granting Franciscan’s motion for a new trial.
Opinions May 4, 2023
Court of Appeals of Indiana
MLS Enterprises, LLC v. Adam R. Norman and Matthew A. Norman
22A-PL-2755
Civil plenary. Affirms the Lawrence Circuit Court’s grant of partial summary judgment to Adam and Matthew Norman. Finds the trial court did not abuse its discretion in the admission of designated evidentiary materials. Also finds the Normans are entitled to summary judgment on an adverse possession claim.
Opinions May 3, 2023
Indiana Supreme Court
Matthew H. Thomas Davis v. State of Indiana
22S-CR-253
Criminal. Dismisses Matthew H. Thomas Davis’ sentencing appeal. Finds his written plea agreement with the state unambiguously waived his right to appeal his sentence. Justice Christopher Goff dissents with separate opinion, joined by Chief Justice Loretta Rush.
Majority justices dismiss sentencing appeal, but dissent points to erroneous trial court statement
A man who waived his right to appeal his four-year sentence for theft cannot challenge that sentence on direct appeal, the Indiana Supreme Court ruled in dismissing the man’s appeal. Two dissenting judges would hold that the appeal waiver is unenforceable.
IN justices take med-mal, delinquency cases
The Indiana Supreme Court granted transfer to two cases out of 22 last week, including a medical malpractice case and a juvenile delinquency adjudication voided by the Court of Appeals of Indiana.
Opinions May 2, 2023
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
United States of America v. William G. Curtis
21-2615
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge James T. Moody.
Criminal. Affirms the district court’s decision to refuse consideration of resentencing William G. Curtis for firearms-related sentences under the Fair Step Act. Finds a district court does have authority under the act to reduce an aggregate sentence, even if part of the sentence rests on offenses that are not covered by the act nor grouped with a covered offense. Also finds the district court’s error in assuming it lacked authority was harmless. Finally, finds Curtis’ consecutive sentences for firearms-related convictions were distinct and disaggregated from his drug conspiracy-related sentences.
District court correct in declining to reduce sentence for gun offenses, 7th Circuit affirms
A district court ruled correctly when it declined to impose a reduced sentence for a convicted drug trafficker’s gun-related offenses, the 7th Circuit Court of Appeals affirmed Monday.
Opinions May 1, 2023
Court of Appeals of Indiana
Ty Evans v. State of Indiana
22A-PC-220
Post-conviction relief. Reverses the post-conviction court’s denial of relief to Ty Evans and remands to the court with instructions to issue an amended abstract of judgment consistent with the opinion. Finds Evans demonstrated that he was not a habitual offender under the laws of the state and that his two convictions did not in fact occur in the required order.
Man secures reversal after trial court denies successive PCR petition in attempted murder case
A man whose attempted murder sentence was enhanced by 30 years has secured a post-conviction reversal in his favor, with the Court of Appeals of Indiana focusing on the chronological order of two convictions underlying a habitual offender enhancement.
Opinions April 28, 2023
Court of Appeals of Indiana
Matthew G. Cranfill, as Personal Representative of the Estate of Josephine F. Cranfill, Deceased v. State of Indiana Department of Transportation
22A-CT-2062
Civil tort. Affirms the Putnam Circuit Court’s grant of summary judgment in favor of the Indiana Department of Transportation. Finds the department’s failure to lower the speed limit on State Rode 267 involved the “adoption and enforcement of or failure to adopt or enforce” a rule and/or regulation, so under the Indiana Tort Claims Act, the department is immune from liability from Cranfill’s claims.
Double jeopardy rights weren’t violated in aggravated battery case, but credit was miscalculated
A man convicted for the death of his infant son didn’t have his double jeopardy rights violated when both of his charges were elevated to Level 1 felonies. But the appellate court reversed the man’s sentencing order for an improper calculation of credit.
SCOTUS once again considering challenge to IN fetal disposition abortion law
Today’s conference of the U.S. Supreme Court is scheduled to include discussion about whether the justices should once again consider a case challenging a law governing the disposal of aborted fetal remains in Indiana.
Illuminated blue lights ‘on’ private vehicles are only for volunteer firefighters, COA rules
Writing on a “clean slate,” the Court of Appeals of Indiana has affirmed a finding that a man who had blue lights on the inside of his car committed an infraction.
COA: INDOT immune from liability in woman’s traffic death at Hendricks Co. intersection
The Indiana Department of Transportation is immune from liability in a case involving a woman killed in a collision at an intersection, the Court of Appeals of Indiana has affirmed.
Woman’s 30-year manslaughter sentence appropriate, COA affirms
A woman’s 30-year sentence for voluntary manslaughter is appropriate given the nature of the offense and her criminal history, the Court of Appeals of Indiana affirmed Friday.
Protection order properly dismissed after transfer, COA affirms
A magistrate judge did not err in dismissing a protection order previously granted by a different court, the Court of Appeals of Indiana has affirmed.
7th Circuit again reverses judgment for sex offenders who challenged registration requirement
Requiring sex offenders who are already subject to registration elsewhere to also register in Indiana rationally promotes public safety, the 7th Circuit Court of Appeals has ruled in reversing a district court’s judgment.
7th Circuit asks IN Supreme Court to consider dispute about corporate contributions to PACs
The 7th Circuit Court of Appeals is asking the Indiana Supreme Court to consider whether state law prohibits or otherwise limits corporate contributions to political action committees or other entities that engage in independent campaign-related expenditures.
Man did not have standing, suffer concrete injuries in debt collection case, 7th Circuit affirms
An Indiana man did not have standing to sue a collection agency and the company’s letters did not cause him any concrete injury, a split 7th Circuit Court of Appeals ruled Wednesday.