An Indiana woman who secured a protective order against her ex-husband stemming from an incident with their daughter was unable to convince the Court of Appeals of Indiana that the order was necessary.
The Court of Appeals of Indiana has affirmed that the plug must be pulled on the first phase of what has been described as one of the largest commercial solar farms.
Court of Appeals of Indiana
Performance Services, Inc. v. Randolph Eastern School Corporation
22A-CP-361
Civil plenary. Reverses the Randolph Circuit Court’s entry of summary judgment for the Randolph Eastern School Corporation against Performance Services Inc. Holds that the trial court erred when it granted the School Corporation’s motion for summary judgment and denied Performance’s motion for summary judgment. Remands with instructions to enter summary judgment for Performance and to hold a hearing on Performance’s damages. Judge Elaine Brown dissents with a separate opinion.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
Daudi M. Mwangangi v. Taylor Nielsen, et al., and City of Lebanon, Indiana
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
21-1576, 21-1577 & 21-1971
Civil. Affirms entry of partial summary judgment for Daudi Mwangangi against officer Blayne Root as to the false arrest and against officer Frank Noland as to the second pat-down search. Reverses partial summary judgment for Mwangangi as to the challenge to Root’s pat-down and as to the alleged false arrest by officer Taylor Nielsen, Noland and Sgt. Ben Phelps. Vacates partial summary judgment for Mwangangi against Nielsen and Noland based on their alleged failures to intervene. Remands. Judge Frank Easterbrook concurs and Judge Thomas Kirsch dissents in part with separate opinions.
The 7th Circuit Court of Appeals has affirmed, reversed and vacated multiple partial summary judgment awards for a man who was cleared of impersonating police and who later sued the officers who arrested him.
The Court of Appeals of Indiana has reversed a decision against the now-bankrupt Celadon Group, forcing a trucking company that tried to purchase certain assets from the Indianapolis-based business to refile its complaint in the state of Delaware.
The Indiana Court of Appeals has affirmed a trial court’s decision to allow a child molestation victim to testify in court with a comfort animal at her side. The ruling means the defendant’s child molesting convictions will stand.
Court of Appeals of Indiana
Jose L. Izaguirre v. State of Indiana
21A-CR-2258
Criminal. Affirms Jose L. Izaguirre’s convictions of two counts of Level 1 felony child molesting committed against his stepdaughter and his sentence to an aggregate of 40 years, with five years suspended to probation. Finds Izaguirre waived his arguments regarding Indiana Code § 35-40-5-13 by failing to make cogent arguments or cite relevant authority. Waiver notwithstanding, finds Izaguirre cannot demonstrate that he was prejudiced by the presence of the comfort animal when he confessed to two of the crimes of which the jury found him guilty.
Read Indiana appellate court decisions from the most recent reporting opinion.
Court of Appeals of Indiana
Robert Charles Sisk v. State of Indiana (mem. dec.)
22A-CR-619
Criminal. Affirms Robert Sisk’s convictions of Level 4 felony stalking, Level 5 felony stalking, Level 6 felony intimidation, Class A misdemeanor domestic battery and Class B misdemeanor criminal mischief. Finds the Hamilton Superior Court did not abuse its discretion in admitting evidence. Also finds there was sufficient evidence to support Sisk’s conviction of Level 4 felony stalking.
Court of Appeals of Indiana
James Robert Ward v. State of Indiana (mem. dec.)
22A-CR-676
Criminal. Affirms James Ward’s convictions of two counts of Class B felony sexual misconduct with a minor. Finds Ward failed to establish that T.Z.’s testimony was incredibly dubious.
A federal judge ruled Wednesday that required coverage of an HIV prevention drug under the Affordable Care Act violates a Texas employer’s religious beliefs and undercut the broader system that determines which preventive drugs are covered in the U.S.
Court of Appeals of Indiana
American Freedom Insurance Company v. Marc Hires and Dennis Kellams (mem. dec.)
22A-CT-539
Civil tort. Affirms the denial of declaratory relief for American Freedom Insurance Company, which had sought a declaration that it had properly voided its entire contract with Marc Hires and that it owed no duty to indemnify Hires or Dennis Kellams, who was struck by Hires’ vehicle. Finds the judgment is not clearly erroneous.
A father accused of physical abuse against his teenage son can have limited contact with his son despite a protective order after the Court of Appeals of Indiana determined the protective order went too far.
The Court of Appeals has reversed a custody arrangement for a feuding couple, ordering the Warrick Circuit Court to choose which parent will have sole custody of their child after concluding the case’s findings did not support the award of joint legal custody.
In dismissing a lawsuit filed by a gay teacher against the Archdiocese of Indianapolis, the Indiana Supreme Court became the second court to rule against an LGBTQ educator by finding that hiring and firing decisions are church matters not governed by the state.
A man with multiple convictions received a partial reversal from the Court of Appeals of Indiana on Thursday after it found a petition to revoke his probation in one of those cases was untimely filed and ultimately an abuse of discretion.
A woman holding more than a decadelong grudge against a former sheriff cannot shake her conviction for felony stalking after she berated the man and followed him around town for years.
A Lake County property owner who saw just one of his four real property assessments reduced for the 2017 year has failed to convince the Indiana Tax Court that the Indiana Board of Tax Review erred in its determinations.
A complaint against a title company and its underwriter that was dismissed without an opportunity to amend was properly thrown out despite an error, the Court of Appeals of Indiana has affirmed.