Court opinions - The Indiana Lawyer

Opinions Dec. 23, 2022

December 23, 2022

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
United States of America v. Thomas Jones, et al.
20-1405, 20-1442, 20-2112, 20-2304, 20-2420, 20-2458, 20-2462, 20-2498, 20-2499, 20-3266, 21-1002
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney, II.
Criminal. Affirms all challenged drug-related convictions for Pierre Riley, Reggie Balentine, Michael O’Bannon, Michael Jones, Jason Reed, Shaun Myers, Perry Jones, Thomas Jones, Derrick Owens and Antwon Abbott. Affirms all defendant-appellants’ sentences except that of Thomas Jones. Finds no reversible error except as to the imposition of a two-level firearm enhancement to Thomas’ sentence. Remands Thomas’ case for resentencing. Judge Thomas Kirsch dissents in part with separate opinion.

7th Circuit affirms convictions in wide-ranging drug conspiracy, splits over resentencing

December 23, 2022 | Olivia Covington

The 7^th Circuit Court of Appeals has affirmed convictions and sentences in a wide-ranging challenge to a drug conspiracy case, affirming against the 10 defendants in all instances except one sentencing challenge. That one reversal prompted a dissent.

Appellate court rejects Brady claim but rebukes state for not disclosing witness’s complete criminal history

December 22, 2022 | Marilyn Odendahl

While the Court of Appeals of Indiana agreed with the state that the withholding of evidence about a witness was “negligible, at best” in a trial that ended with a murder conviction, it admonished the prosecutors for failing to disclose.

COA finds Indiana Evidence Rule 703 allows nurse’s testimony in child abuse case

December 22, 2022 | Marilyn Odendahl

A Marion County man convicted of abusing his infant son failed to get a nurse’s testimony thrown out as hearsay.

Split COA affirms for out-of-state uninsured motorist, but dissent points to recent statutory amendment

December 22, 2022 | Olivia Covington

A repeat uninsured motorist from Illinois who sued for damages after a Lake County car accident can continue to pursue noneconomic damages, the Court of Appeals of Indiana has affirmed.

7th Circuit orders East Chicago to restore firefighters’ schedule, but judge warns of infringement on democracy

December 22, 2022 | Olivia Covington

In a dispute between the mayor of East Chicago and the local firefighters union that opposes him, the 7^th Circuit Court of Appeals agreed that the city violated the firefighters’ First Amendment rights.

Opinions Dec. 22, 2022

December 22, 2022

Court of Appeals of Indiana
Michael Bass Chatman v. State of Indiana
22A-CR-934
Criminal. Affirms Michael Bass Chatman’s conviction of Level 3 felony aggravated battery resulting in serious bodily injury to a person less than 14 years old. Finds the testimony by the pediatric nurse practitioner was not inadmissible hearsay under Indiana Evidence Rule 703.

Indiana Court Decisions: Dec. 1-14, 2022

December 21, 2022

Read Indiana appellate court decisions from the latest reporting period.

Judicial or legislative? COA continues to face gender-marker cases, asks justices to step in

December 21, 2022 | Jordan Morey

Can a Hoosier change his or her birth certificate to reflect his or her preferred gender marker? Depends on which Court of Appeals of Indiana judge you ask.

COA finds ‘extraordinary circumstances’ in spousal support, Medicaid dispute between wife, FSSA

December 20, 2022 | Jordan Morey

The Indiana Family and Social Services Administration has prevailed before the Court of Appeals of Indiana in a dispute with a woman whose spousal support order increased the amount of Medicaid funding her incapacitated husband received.

Justices grant transfer to 1, deny 6

December 20, 2022 | IL Staff

Indiana justices granted transfer to one case last week, handing down an opinion while declining to review six other petitions for transfer.

Opinions Dec. 20, 2022

December 20, 2022

Kalanu Carter v. Ryan Carter
21A-DC-2395
Domestic relations with children. Affirms the Miami Superior Court’s grant of father Ryan Carter’s motion to reopen evidence after the final hearing in a dissolution action and the award of primary physical custody of minor child to Ryan. Reverses the trial court’s order that mother Kalanu Carter, as the noncustodial parent, pay $20 per week in child support. Finds the trial court did not abuse its discretion when it granted Ryan’s motion to reopen evidence or when it awarded him primary physical custody, but did abuse its discretion when it ordered Kalanu to pay $20 a week in child support. Remands with instructions for the trial court to enter an order that Kalanu is not required to pay child support because the adjustments to her child support obligation exceed the obligation.

IN justices: Trial courts must show ‘good cause’ for remote hearings, but error in commitment case was harmless

December 16, 2022 | Jordan Morey

If a party objects to holding a remote hearing, a trial court can’t deny the motion by simply citing COVID-19 without further elaboration.

Ex-trustee who worked remotely from camper during COVID wins reversal of 21 theft convictions

December 15, 2022 | Jordan Morey

The former Wabash Township trustee who was convicted of 21 counts of felony theft after she bought a camper and worked remotely across the country has had her convictions overturned by the Court of Appeals of Indiana.

COA: Couple not entitled to land easement to landlocked pole barn

December 14, 2022 | Jordan Morey

A Mooresville couple requesting a land easement of necessity for easier access to their pole barn will not be granted any such relief from the Court of Appeals of Indiana.

SCOTUS to resume issuing decisions in courtroom

December 14, 2022 | Associated Press

The U.S. Supreme Court is restoring another pre-pandemic tradition, announcing decisions in a public session in the courtroom.

Indiana Supreme Court splits but still denies multiple transfer petitions

December 13, 2022 | Marilyn Odendahl

A dispute between a divorced husband and wife that became more inflamed when the arbitrator submitted, and the trial court adopted, an erroneous report caused a split in the Indiana Supreme Court over the decision not to grant transfer.

COA: Trial court erred by striking ‘proper person’ language from expungement order

December 13, 2022 | Jordan Morey

A trial judge must reissue its expungement order for a defendant who successfully argued that the court’s original order improperly omitted statutory language, the Court of Appeals of Indiana has ruled.

Opinions Dec. 13, 2022

December 13, 2022

Indiana Supreme Court
Marquis David Young v. State of Indiana
22S-CR-306
Criminal. Affirms Marquis David Young’s convictions of murder and two counts of attempted murder. Finds a reasonable inference that Young was guilty as charged may be drawn from the whole picture of the evidence in this case.

COA: ‘Veteran attorney’ guarantor still on hook for loan despite multiple modifications to agreement

December 12, 2022 | Marilyn Odendahl

A “veteran attorney” who signed as the guarantor of a $600,000 loan is obligated to cover the debt after the borrower defaulted and the Court of Appeals of Indiana found modifications to the loan agreement did not alter his financial responsibility.

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