Indiana Supreme Court grants transfer to wage dispute case, 2 other cases
A dispute between a dentist and her former employer, which split the Court of Appeals over the award of damages, is now headed for the Indiana Supreme Court.
Court opinions
Articles
New trial denied for man convicted in fatal Gary shooting
Despite allegations of prosecutorial misconduct during closing arguments, a man convicted of murder could not convince the Court of Appeals of Indiana to grant him a new trial.
7th Circuit: No disability discrimination in former Lake Co. officer’s pension plan
A disabled former Lake County police officer who claimed that his disability pension plan should provide the same cost-of-living increases that nondisabled retirees receive did not sway the 7th Circuit Court of Appeals.
7th Circuit denies convicted murderer’s habeas petition after admission of absent witness’s prior testimony
A man convicted of murdering his drug dealer more than a decade ago has again been denied habeas relief after the 7th Circuit Court of Appeals affirmed that the admission of prior testimony from an absent, but key, witness wasn’t done in error.
Justices to meet for 1st time since leak of draft Roe ruling
The U.S. Supreme Court’s nine justices will gather in private Thursday for their first scheduled meeting since the leak of a draft opinion that would overrule Roe v. Wade and sharply curtail abortion rights in roughly half the states.
Senate bid to save Roe v. Wade falls to GOP-led filibuster
The U.S. Senate fell far short Wednesday in a rushed effort toward enshrining Roe v. Wade abortion access as federal law, blocked by a Republican filibuster in a blunt display of the nation’s partisan divide over the landmark court decision and the limits of legislative action.
Opinions May 11, 2022
Court of Appeals of Indiana
Marquis David Young v. State of Indiana
21A-CR-2341
Criminal. Reverses Marquis Young’s conviction of murder and two counts of attempted murder. Finds insufficient evidence to support the convictions. Judge Terry Crone dissents with separate opinion.
Split appellate panel reverses murder conviction in Gary shooting for insufficient evidence
In a “seldom” reversal of a murder conviction based on insufficient evidence, the Court of Appeals of Indiana split in a Wednesday decision, with the majority concluding the evidence used to support a defendant’s guilt came “nowhere close to proof beyond a reasonable doubt.”
COA has ‘little doubt’ state violated discovery rule in child molesting case
Bungled communications by law enforcement officials over whether a polygraph was admissible in court has resulted in the Court of Appeals of Indiana affirming the exclusion of the evidence against a defendant in a child molestation case and sanctions against the state.
7th Circuit finds for insurance company in adjuster’s game of chess
A public adjuster who assured an Indiana homeowners association that the way to get a claim for storm damage processed was to play a game of chess with the insurance company, got checkmated when he failed to heed the deadline for filing a lawsuit, prompting the 7th Circuit Court of Appeals to make this observation: “Such is the price of gamesmanship.”
Indiana Court Decisions – April 21-May 4, 2022
Read Indiana appellate court decisions from the most recent reporting period.
IN justices to consider discovery case involving ‘problematic’ precedent
Indiana Supreme Court justices this month will hear oral arguments on petition to transfer in a case in which the Court of Appeals of Indiana, despite “problematic” precedent, upheld the denial of a defendant’s motion to compel evidence of unredacted copies of the police report in his case.
COA: Trial court had ‘good cause’ for failing to meet 120-day deadline in CHINS case
Because a mother remained quiet in a CHINS hearing, the Court of Appeals of Indiana has affirmed that the trial court had good cause for failing to hold a factfinding hearing within the statutorily required 120-day time frame.
What’s next in the investigation of the Supreme Court leak?
Chief Justice John Roberts, in ordering an investigation into an “egregious breach of trust” in the leak of a U.S. Supreme Court draft opinion on abortion, tasked a relatively unknown court official to carry out what could be one of the most high-profile investigations in decades.
Opinions May 4, 2022
Court of Appeals of Indiana
Joel Williams, Jr. v. State of Indiana
21A-CR-1581
Criminal. Affirms the denial of Joel Williams Jr.’s motion to dismiss charges of two counts each of rape and criminal deviate conduct, all Class A felonies, 35 years after the incidents occurred. Finds Williams has not proven that he will suffer actual and substantial prejudice to his right to a fair trial.
COA allows rape case to proceed 35 years after incident
A Lake County man charged with multiple rapes 35 years after they occurred failed to convince the Court of Appeals of Indiana that his due process rights were violated and that the decadeslong delay was unjustified.
Justices’ views on abortion in their own words and votes
When the U.S. Supreme Court heard arguments in a major abortion case from Mississippi in December, it was clear to observers that there was substantial support among the court’s conservative majority for overruling two landmark decisions that established and reaffirmed a woman’s right to an abortion. Even before arguments in the current case, however, the justices themselves have had a lot to say about abortion over the years — in opinions, votes, Senate confirmation testimony and elsewhere.
Opinions May 3, 2022
Indiana Supreme Court
Cole G. Strack v. State of Indiana
22S-CR-137
Criminal. Grants transfer and affirms Cole Strack’s six-year sentence, with two years suspended, for his convictions of operating a vehicle while intoxicated and possession of marijuana. Finds Strack was able to exercise both his right to present evidence at sentencing and his right to allocution after pleading guilty. Also finds any error by the Wells Superior Court was harmless and did not affect Strack’s substantive rights such that reversal was warranted.
Tax Court dismisses law firm’s appeal for lack of jurisdiction
The Indiana Tax Court has dismissed an appeal from an Indianapolis law office that was ordered to pay an outstanding liability after it mislabeled withholding tax returns in 2021, finding the court lacked jurisdiction in the case.
IN Supreme Court: Father’s substantive rights not violated in OWI case involving minor child
A father who was convicted of driving under the influence while his young daughter was in the car will not have his sentence reversed by the Indiana Supreme Court on allocution violation grounds.