The Indiana Supreme Court will hear oral arguments Thursday in cases involving a couple’s negligence lawsuit against the town they live in and a man’s challenge to the exclusion of evidence in his child molesting case.
The Court of Appeals of Indiana has affirmed a man’s conviction for dealing in a controlled substance resulting in death after finding the trial court didn’t err.
Court of Appeals of Indiana
Benjamin Michael Veach v. State of Indiana
22A-CR-1431
Criminal. Affirms Benjamin Veach’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the state proved the offense beyond a reasonable doubt. Also finds the Huntington Superior Court did not err in denying Veach’s motion for judgment on the evidence. Finally, finds the trial court did not abuse its discretion in instructing the jury.
Court of Appeals of Indiana
Jennifer Lynn Goetz v. James Lawrence Franklin Goetz (mem. dec.)
22A-DC-1135
Domestic relations with children. Affirms the Hendricks Superior Court’s decree of dissolution of marriage, child custody, parenting time and child support order and order dividing the marital estate of Jennifer and James Goetz. Finds the trial court did not abuse its discretion by excluding the military pension from the martial pot, allocating marital assets or awarding parenting time.
The Court of Appeals of Indiana has affirmed a Marion Superior Court’s decision to grant summary judgment to Franciscan Health – Indianapolis in a dispute involving the plaintiffs’ medical records.
Court of Appeals of Indiana
Timothy Stark v. State of Indiana
21A-PL-805
Civil plenary. Affirms the Marion Superior Court’s judgment against Timothy Stark in an action brought by the state of Indiana against Wildlife in Need and Wildlife in Deed Inc. Finds the trial court’s conclusion that Stark is personally liable for funds and assets misappropriated from WIN is not clearly erroneous.
The owner of a now-defunct southern Indiana roadside zoo featured in Netflix’s “Tiger King” is liable for the funds he misappropriated from the zoo’s underlying nonprofit, the Court of Appeals of Indiana has affirmed.
The Supreme Court of the United States ruled Wednesday for a man on Arizona’s death row who wants a new sentencing hearing because jurors in his case were wrongly told that the only way to ensure he would never walk free was to sentence him to death.
The U.S. Supreme Court ruled Wednesday that an energy company employee who earned more than $200,000 a year still qualified for overtime pay under a New Deal-era federal law meant to protect blue-collar workers.
A Shelbyville police officer did not violate a woman’s federal or state constitutional rights in a traffic stop that led to her being charged with dealing in methamphetamine, the Court of Appeals of Indiana has ruled.
Court of Appeals of Indiana
April L. Chauncy v. State of Indiana
22A-CR-907
Criminal. Affirms the Shelby Superior Court’s denial of April Chauncy’s motion to suppress evidence found during an automobile she was a passenger in. Finds the trial court did not err in determining the police had reasonable suspicion to stop the vehicle.
The Indiana Utility Regulatory Commission shouldn’t have approved Duke Energy’s request to recover costs related to a federal environmental mandate for coal-ash cleanup that were incurred before the energy company received approval.
Court of Appeals of Indiana
Indiana Office of Utility Consumer Counselor, et al. v. Duke Energy Indiana, LLC, and Indiana Utility Regulatory Commission
21A-EX-2702
Agency action. Reverses the Indiana Utility Regulatory Commission’s order concluding that Duke Energy Indiana LLC’s coal-ash-related compliance costs were recoverable under the Federal Mandate Statute. Finds that in so far as the commission granted Duke’s recovery of costs incurred before the date of the commission’s order, the commission failed to follow the prospective strictures of the statute.
A trial court committed fundamental error when it allowed a videotaped interview to be entered into evidence in a delinquency case against a 15-year-old boy, the Court of Appeals of Indiana has ruled.
The Court of Appeals of Indiana has reversed and remanded a Hendricks Superior Court order on the division of marital assets and a father’s child support obligation to his special needs adult daughter.
The Court of Appeals of Indiana has overturned a man’s felony reckless homicide conviction, finding the trial court erred in excluding evidence that the victim was using her phone at the time of the fatal vehicle crash.
Court of Appeals of Indiana
Jennifer L. Tutt v. Evansville Police Department
22A-MI-1723
Miscellaneous. Reverses the entry of summary judgment for the Evansville Police Department on Jennifer L. Tutt’s complaint alleging the department violated the Indiana Access to Public Records Act. Finds Title 9 of Indiana Code allows a fee to inspect an accident report, but it does not authorize a fee to inspect the report. Remands for the Vanderburgh Superior Court to enter summary judgment for Tutt.
Police departments cannot charge citizens a fee to “inspect,” rather than “obtain,” accident reports, the Court of Appeals of Indiana has ruled, ordering the Evansville police to allow a woman to inspect such a report at no charge.
The 7th Circuit Court of Appeals has affirmed a man’s unlawful possession of a firearm conviction and sentence after a gun was found in his vehicle during a traffic stop.
Court of Appeals of Indiana
James D. Smiley v. State of Indiana (mem. dec.)
22A-CR-2269
Criminal. Affirms James Smiley’s advisory sentence of three years for Level 5 felony possession of methamphetamine. Finds the Parke Circuit Court did not err in considering mitigators.