After the trial court judge issued a scathing opinion declaring Indiana’s civil litigation system was “broken,” the Court of Appeals of Indiana has reversed summary judgment in the underlying negligence case, finding the judge was biased.
Court of Appeals of Indiana
Penny Chappey and Gregory Chappey v. Joseph Paul Storey and Complete Auto & Tire, LLC
22A-CT-979
Civil tort. Reverses summary judgment for the defendants on Penny Chappey’s negligence complaint. Finds the Carroll Circuit Court judge was biased. Also finds there is a genuine issue of material fact that precludes the entry of summary judgment. Remands with instructions that the plaintiffs are entitled to a new judge.
The Court of Appeals of Indiana has once again rejected a request by the Indiana Repertory Theatre to hold that COVID-related closures during the height of the pandemic equated to “physical loss” under the theater’s insurance policy.
The Court of Appeals of Indiana has ordered a trial court to reexamine a criminal forfeiture after granting the defendant’s motion for relief from the forfeiture, then granting the state’s motion reinstating it.
Court of Appeals of Indiana
Tyson Eminger v. State of Indiana
22A-CR-1077
Criminal. Reverses the Noble Superior Court’s order granting the state’s motion for relief from judgment under Trial Rule 60(B)(8). Finds the trial court erred. Remands with instructions.
A trial court properly awarded interest on a reduced jury verdict, not the original verdict amount, the Court of Appeals of Indiana has ruled, pointing to the parties’ pretrial stipulation.
The Court of Appeals of Indiana has affirmed a man’s multiple convictions stemming from a domestic violence incident, determining there was no error or constitutional violation.
Court of Appeals of Indiana
Richard D. Talbott v. State of Indiana
21A-CR-2625
Criminal. Affirms Richard Talbott’s convictions of Level 3 felony criminal confinement, Level 3 felony aggravated battery, Level 6 felony strangulation and Class A misdemeanor domestic battery. Finds the Jefferson Circuit Court did not err in denying Talbott’s motion for discharge under Criminal Rule 4(B). Also finds Talbott’s right to a speedy trial was not violated. Finally, finds the criminal information alleging Talbott committed criminal confinement adequately informed him of the charge, and the state presented sufficient evidence.
The July 2014 revision to Indiana’s criminal code has resulted in the Court of Appeals of Indiana vacating a child molesting conviction after finding that a jury instruction straddling both sides of the date of the revision could have confused jurors.
Court of Appeals of Indiana
Chad A. Keister v. State of Indiana
22A-CR-1531
Criminal. Reverses in part Chad Keister’s conviction of two counts of child molesting, one as a Class C felony and one as a Level 4 felony. Finds the Warrick Circuit Court gave a jury instruction that was not supported by the evidence, which prejudiced Keister’s substantial rights. Remands with instructions to vacate Keister’s conviction of Count II and issue a new sentencing order on Count I only.
The Court of Appeals of Indiana has reversed a contempt finding and ordered that the defendant be awarded credit time for the 28 days she spent in custody for contempt of court.
Court of Appeals of Indiana
Toni Knowles v. State of Indiana
22A-CR-2133
Criminal. Reverses the Noble Circuit Court’s declaration that the 28 days Toni Knowles had spent in jail would not be attributable to her seven-year sentence but instead would be counted as day spent in contempt of court. Finds the trial court’s finding of contempt is not sustainable under a theory of direct or indirect contempt. Remands with instructions to award Knowles 28 days along with good-time credit to which she may be entitled for those day as credit toward her seven-year sentence.
An Illinois man who trafficked a teenage girl across state lines has failed to convince the Court of Appeals of Indiana that his constitutional rights were violated during the investigation into the trafficking scheme in the Hoosier State.
Court of Appeals of Indiana
Trevor Kentrell Bowie v. State of Indiana
22A-CR-1149
Criminal. Affirms Trevor Bowie’s convictions of Level 1 felony attempted murder, Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 6 felony resisting law enforcement, Level 6 felony theft of a firearm, Class A misdemeanor possession of marijuana and Class B misdemeanor disobeying a declaration of a disaster emergency, and the jury’s verdicts that he is a habitual offender and was eligible for a firearm enhancement. Finds Bowie knowingly, intelligently and voluntarily waived his right to counsel. Also finds Bowie has failed to establish that the defective attempted murder charge merits reversal.
A man convicted of child molesting will not get relief from the Court of Appeals of Indiana, which rejected his evidentiary arguments and his claim of prosecutorial misconduct.
A man convicted after pointing a gun at police failed to convince the Court of Appeals of Indiana that he should not have been allowed to proceed pro se. While the COA agreed that an attempted murder charge was improper, it did not find fundamental error.
An inmate who claims he was sexually assaulted after being forced to undergo a blood draw will get another chance to pursue his case after the 7th Circuit Court of Appeals vacated summary judgment for the defendants.
A federal appeals court ruled Thursday that the government can’t stop people who have domestic violence restraining orders against them from owning guns.
In the second published opinion written by Indiana Supreme Court Justice Derek Molter on Wednesday, justices addressed a procedural issue regarding discretionary interlocutory appeals and orders in limine.
An Indiana man who was in charge of his girlfriend’s infant grandson when the child was injured will not get relief from his felony conviction from the Court of Appeals of Indiana.