Trump probe: Court halts Mar-a-Lago special master review
A unanimous federal appeals court on Thursday ended an independent review of documents seized from former President Donald Trump’s Florida estate.
Court opinions
Articles
COA: Dog sniff outside hotel room did not violate Indiana Constitution
Although precedent holds that law enforcement needs “reasonable suspicion” to conduct dog sniffs at the front door of private residences, the Court of Appeals of Indiana has found that a dog sniff in a hotel walkway did not violate the Indiana Constitution.
Appellate court upholds minor’s placement in DOC after failed probation
An Indiana minor placed in the Department of Correction has failed to convince the Court of Appeals of Indiana that his placement was an error or that his due process rights were violated when his hearings were held remotely.
Appellate court provides reprieve to homeowners not notified of tax sale
Citing the requirements of equity and due process, the Court of Appeals of Indiana has reversed a tax sale, finding the homeowners did not receive any notice that their Madison County property was being sold.
COA remands divorce case after mother’s due process rights were violated
A divorcing couple must return to court after the Court of Appeals of Indiana determined the mother’s due process rights were violated in previous court proceedings.
7th Circuit: Terry search warranted during traffic stop
The 7th Circuit Court of Appeals has concluded that members of the Brownsburg Police Department didn’t violate an Indiana man’s rights when they frisked him during a traffic stop.
COA: History of domestic violence in home supports CHINS adjudication
A mother who has been both a “victim and perpetrator” of domestic violence has failed to convince the Court of Appeals of Indiana that her children aren’t CHINS.
Exasperated 7th Circuit reverses block on Indiana’s fetal disposition law
In an outright reversal, the 7th Circuit Court of Appeals has upheld Indiana’s law requiring fetal remains to be buried or cremated and chastised the Indiana Southern District Court for blocking the statute in the first place.
Letter: ‘Nothing to suggest’ Alito violated ethics standards
The U.S. Supreme Court said Monday in a letter to Congress that there is “nothing to suggest” that Justice Samuel Alito violated ethics standards following a report that a 2014 decision he wrote was leaked in advance of its announcement.
Opinions Nov. 28, 2022
Court of Appeals of Indiana
Nickalas James Kedrowitz v. State of Indiana
22A-CR-457
Criminal. Affirms Nickalas Kedrowitz’s convictions of two counts of murder and his sentence to an aggregate of 100 years. Finds the juvenile court did not abuse its discretion in finding Kedrowitz competent to stand trial or in waiving jurisdiction. Also finds the Ripley Circuit Court had jurisdiction to hear the case following a valid waiver by the juvenile court. Finally, finds the trial court did not abuse its discretion in sentencing Kedrowitz, his sentence is not inappropriate in light of the nature of his offenses and his character, and he has not made cognizable challenges pursuant to Article 1, Sections 16 and 18 of the Indiana Constitution.
COA uses Supreme Court’s silence since Wadle in rejecting double jeopardy appeal
In considering the appeal from a woman convicted in the death of her boyfriend, the Court of Appeals of Indiana continued to wrestle with the fallout of Wadle v. State, which overturned the long-used test for resolving substantive double jeopardy claims.
7th Circuit denies Kokomo man relief in sextortion case
A northern Indiana man involved in a sextortion scheme involving “many” individuals online, including minors, has failed to convince the 7th Circuit Court of Appeals that his constitutional rights were violated during an investigation by the FBI.
Appellate court: Teen’s blood draw from fatal wreck must be suppressed
A teen involved in a fatal wreck will have her blood draw results suppressed after the Court of Appeals of Indiana determined the police officer at the scene violated her rights by failing to tell her she could speak with her mother before getting tested.
COA: Mistake of fact not enough to overturn seizure of drugs
Even though the driver was pulled over on a private roadway, the drugs seized as a result will still be admitted as evidence after the Court of Appeals of Indiana found the traffic stop was a mistake of fact and not a mistake of law.
Sentence revision not warranted for man kicked out of drug court, COA rules
A man who was kicked out of drug court for a variety of violations did not convince the Court of Appeals of Indiana that his explanations for the violations were valid.
Indiana Court Decisions: Nov. 3-15, 2022
Read Indiana appellate court decisions from the latest reporting period.
Appellate court sides with county attorney in defamation suit despite anti-SLAPP claims
An elected LaPorte County official did not convince the Court of Appeals of Indiana that a defamation suit brought against him by the county’s attorney should be dismissed under Indiana’s anti-SLAPP law.
COA affirms adoption without mother’s consent
A mother who did not pay child support even though she was gainfully employed failed to convince the Court of Appeals of Indiana to overturn the adoption of her child, which was granted without her consent.
Parents lose bid to restore parental rights
A mother and father who continually failed to provide adequate care for their children could not convince the Court of Appeals of Indiana to restore their parental rights.
COA: Carmel not liable for alleged negligence by parks department employees
A mother who sued the city of Carmel after her child was allegedly bullied and “pseudo sexually assaulted” during a camp put on by the local parks department has not convinced the Court of Appeals of Indiana that the city should be held liable.