COA: Lake County sheriff didn’t need commissioners’ approval to sign jail contract for health services
In a dispute between Lake County’s sheriff and the local county commissioners, the Court of Appeals of Indiana has ruled for the sheriff.
Court opinions
Articles
COA dismisses appeal from landowner who didn’t timely appeal appropriation proceedings
A man who didn’t like the offer county officials made to acquire a portion of his land failed to appeal in a timely manner, the Court of Appeals of Indiana has ruled.
Opinions Nov. 15, 2022
Court of Appeals of Indiana
Chelsea Newman v. State of Indiana (mem. dec.)
22A-CR-594
Criminal. Affirms Chelsea Newman’s conviction of Level 6 felony unlawful possession of a legend drug. Finds the Blackford Superior Court did not abuse its discretion by admitting Newman’s statements to her community corrections supervisor, made during a meeting and subsequent compliance check, into evidence in her instant trial.
Appeals court ruling keeps Biden student debt plan on hold
President Joe Biden’s plan to forgive student loan debt for millions of borrowers was handed another legal loss Monday when a federal appeals court panel agreed to a preliminary injunction halting the program while an appeal plays out.
Opinions Nov. 14, 2022
Eric M. Seibel v. State of Indiana (mem. dec.)
22A-CR-269
Criminal. Reverses Eric M. Seibel’s conviction of Level 5 felony battery against a public safety official while engaged in the execution of official duties, resulting in bodily injury. Finds the Knox Superior Court committed reversible error by refusing Seibel’s tendered lesser-included offense instruction. Also finds the evidence is sufficient to support a conviction of the lesser-included offense. Remands to the trial court to vacate Seibel’s Level 5 felony conviction, enter a judgment of conviction on Level 6 felony battery on a public official and resentence him accordingly. Affirms Seibel’s Level 6 felony conviction of domestic battery.
US judge in Texas strikes down Biden loan-forgiveness plan
A U.S. judge in Texas on Thursday blocked President Joe Biden’s plan to provide millions of borrowers with up to $20,000 apiece in federal student-loan forgiveness.
Opinions Nov. 10, 2022
Court of Appeals of Indiana
Willie Mills Sr. v. State of Indiana
22A-CR-591
Criminal. Affirms Willie Mills Sr.’s convictions for Level 2 felony burglary, Level 3 felony burglary, Level 3 felony armed robbery and Level 5 felony battery by means of a deadly weapon. Finds Mills failed to show that the face mask requirement imposed by the Wayne Superior Court denied him his right to confront witnesses and was fundamental error. Also finds Mills waived his Article I, Section 13 right to counsel claim by failing to raise it in the trial court and, waiver notwithstanding, Mills failed to show any reason why, unlike the federal constitution, the state constitution should be interpreted to disallow admission of a statement that a defendant knowingly and voluntarily gave to law enforcement after appointment of counsel. Finally, finds there is sufficient evidence to support Mills’ convictions as an accomplice.
COA affirms father’s accomplice convictions in violent robbery with son
A Wayne County father involved in a bloody robbery with his son did not find relief from his accomplice convictions at the Court of Appeals of Indiana.
COA: School corporations can’t assert takings claims against state in charter school dispute
Three Indiana school corporations have failed to convince the Court of Appeals of Indiana to overturn a law requiring them to sell vacant public school buildings to charter schools for $1.
7th Circuit: Immigration appeals case wrongly applied new precedent retroactively
A Mexican citizen lawfully living in the United States will have a chance to revisit her challenge to removal proceedings after the 7th Circuit Court of Appeals determined a new rule was impermissibly applied to her case retroactively.
Indy considering outside counsel to test public nuisance law
Indianapolis fought a nine-year legal battle against troubled housing complex owner Towne & Terrace Corp. A City-County Council proposal aims to give the city more fuel in the future against similar properties causing a public nuisance.
Indiana Court Decisions: Oct. 20-Nov. 2, 2022
Read Indiana appellate court decisions from the most recent reporting period.
7th Circuit vacates 10-year sentence after district court wrongly dismisses evidence of drug purity
A split 7th Circuit Court of Appeals has vacated a 10-year prison sentence for a drug dealer after finding a district court failed to address “some evidence” suggesting inaccurate drug testing.
1st amicus brief in Indiana abortion case supports ban
The Thomas More Society, based in Chicago, is the first organization to submit an amicus curiae brief in the fight over the Hoosier State’s new abortion law, which is now pending before the Indiana Supreme Court.
COA upholds admission of evidence found on juvenile after police chase
A minor who was found with drugs and a handgun after he ran from police has failed to convince an appellate panel that the evidence found on his person should be suppressed.
Supreme Court won’t consider Lake Michigan beach case
The public will keep the right to use Indiana’s Lake Michigan shoreline for recreation as the U.S. Supreme Court won’t consider arguments from nearby property owners who claimed they also owned the beach.
Abortion-rights protesters briefly interrupt Supreme Court
Protesters opposed to the U.S. Supreme Court’s decision overturning a constitutional abortion right briefly interrupted arguments at the court Wednesday and urged women to vote in next week’s elections.
Flooding dispute headed to IN Supreme Court
A dispute between a Montgomery County couple, the town of Linden and multiple county departments over whether drainage improvements resulted in a permanent physical invasion of their land will go before the Indiana Supreme Court.
Appellate court reverses delinquency adjudication for sexual battery based on insufficient evidence
The Court of Appeals of Indiana has reversed a juvenile’s delinquency adjudication for felony sexual battery after finding insufficient evidence to support the adjudication.
COA rules for distillery in spirited legal battle with distributors
The sale and distribution of alcohol — or lack thereof — sat squarely in the middle of a legal battle fought between the product’s manufacturer and distributors, with the Court of Appeals of Indiana ruling for the beverage producer.