Enhanced consecutive sentences upheld in fentanyl overdose case
A man who sold fentanyl-laced heroin to his friend that resulted in the buyer overdosing will keep his enhanced consecutive sentences, the Court of Appeals of Indiana has concluded.
Court opinions
Articles
COA finds statute grants DNR immunity from claims over flooded fields
A family of farmers in Marshall County who claimed their fields flooded because of the Indiana Department of Natural Resources’ negligent operation of a nearby dam had their trial court victory washed away when the Court of Appeals of Indiana ruled that a state statute grants the agency immunity from negligence claims.
Opinions June 14, 2022
Court of Appeals of Indiana
Trent Michael Weaver v. State of Indiana
21A-CR-2424
Criminal. Affirms Trent Weaver’s aggregate eight-year sentence following his convictions of dealing in a narcotic drug and reckless homicide, both as a Level 5 felony. Finds the Pulaski Superior Court did not abuse its discretion when it imposed separate sentences for Weaver’s dealing and reckless homicide convictions, when it imposed consecutive sentences for those convictions or when it imposed enhanced consecutive sentences. Also finds the trial court’s sentencing statement is adequate. Finally, finds the trial court did not abuse its discretion when it sentenced Weaver.
Supreme Court reverses course, denies transfer in dental dispute
The Indiana Supreme Court has decided not to assume jurisdiction and instead reinstated an opinion from the Court of Appeals of Indiana in a dispute between a dentist and her former employer.
Summary judgment for IWU affirmed on retaliation, age discrimination claims, but race discrimination claim remanded
The grant of summary judgment to Indiana Wesleyan University on a former employee’s retaliation and age discrimination claims has been upheld, but the issue of whether the employee’s termination was racially motivated has been remanded.
Opinions June 13, 2022
Court of Appeals of Indiana
Charles T. Ramey, III and Jordan McHenry v. Ashley D. Ping
21A-CT-2103
Civil tort. Affirms the denial of father Charles Ramey and Jordan McHenry’s joint motion for judgment on the evidence and motion to correct error, filed after a jury ruled in favor of mother Ashley Ping and awarded her damages on her complaint alleging Ramey and McHenry filed a false report of child abuse against her. Finds the Johnson Superior Court did not err when it interpreted the false reporting statute and, as such, did not err when it instructed the jury. Also finds Ping presented sufficient evidence to negate the statutory presumption of good faith and qualified immunity and to support the jury’s award of punitive damages. Finally, finds Ping was not precluded from bringing the instant lawsuit under either the principle of res judicata or under the terms of a release agreement.
Justices rule against detained immigrants seeking release
The U.S. Supreme Court has ruled against immigrants who are seeking their release from long periods of detention while they fight deportation orders.
COA affirms for mom in false reporting child abuse case brought against father, girlfriend
The Court of Appeals of Indiana has upheld a nearly $300,000 judgment in favor of a mother who sued her ex-husband and his new girlfriend for making a false claim of child abuse against her.
Supreme Court rules against Navajo Nation member
The U.S. Supreme Court ruled Monday that Native Americans prosecuted in certain tribal courts can also be prosecuted based on the same incident in federal court, which can result in longer sentences.
COA finds unavailability of ‘essential witnesses’ key to delay in CHINS case
The Court of Appeals of Indiana has found a juvenile court that reset four times a factfinding hearing for a CHINS petition and, consequently, exceeded the 120-day statutory deadline did not abuse its discretion because the Indiana Department of Child Services needed extra time to procure the testimony of two physicians.
Opinions June 10, 2022
Court of Appeals of Indiana
In the Matter of R.A.M.O, Child in Need of Services, D.F., Mother, v. Indiana Department of Child Services
21A-JC-1873
Juvenile CHINS. Affirms the Johnson Circuit Court’s determination that R.A.M.O is a child in need of services. Finds the trial court did not abuse its discretion by resetting the factfinding hearing beyond the 120-day time limit established in Indiana Code section 31-34-11-1(b). Rejects mother’s claims that the juvenile court’s decision to continue the matter violated her right to due process and that she was denied the effective assistance of counsel.
Opinions June 9, 2022
Thursday’s opinions
Court of Appeals of Indiana
Five Star Roofing Systems, Inc. D/B/A Five Star Commercial Roofing Systems Inc. v. Armored Guard Window & Door Group, Inc. D/B/A Pendleton Enterprises, Inc.
21A-PL-1964
Civil plenary. Affirms the grant of summary judgment, damages, and attorney fees in favor of Armored Guard Window & Door Group, Inc., doing business as Pendleton Enterprises, Inc. against Five Star Roofing Systems, Inc. Reverses the award of prejudgment interest with respect to the date the prejudgment interest began to accrue. Remands with instructions for the court to determine the appropriate amount of interest from Feb. 9, 2016.
Indiana Court Decisions: May 19-June 1, 2022
7th Circuit Court of Appeals Published May 18, posted to theindianalawyer.com on May 19 Danielle Albert v. Kilolo Kijakazi, Acting Commissioner of Social Security 21-2592 7th Circuit affirms denial of disability benefits, urges petitioner to ‘give work a shot’ A northern Indiana woman who applied for Social Security disability benefits shortly after graduating from high […]
Opinions June 2, 2022
Court of Appeals of Indiana
Joseph L. Wilson v. State of Indiana
21A-CR-2308
Criminal. Affirms the denial of Joseph L. Wilson’s motion to modify his sentence. Finds Wilson has not demonstrated that the Jay Circuit has authority to modify his sentence while he is on parole.
COA: Parole not part of sentence modification statute, trial court lacked authority to modify to probation
An Indiana man’s request to modify his sentence to probation instead of parole has been denied by the Court of Appeals of Indiana, as it concluded the trial court didn’t have authority to make the change.
7th Circuit affirms judgment to Eskenazi in dental hygienist’s discrimination suit
A dental hygienist who claimed she did not get a pay raise as a result of racial discrimination lost her appeal of the judgment in favor of her employer at the 7th Circuit Court of Appeals.
Opinions June 1, 2022
Court of Appeals of Indiana
Timothy DeWayne Forshee v. State of Indiana (mem. dec.)
21A-CR-2228
Criminal. Affirms Timothy DeWayne Forshee’s sentence to an aggregate of five years executed for his convictions of three counts of Level 5 felony sexual misconduct with a minor. Finds the Madison Circuit Court did not abuse its discretion in sentencing Forshee. Also finds Forshee’s sentence is not inappropriate.
COA reverses granddaughters’ attorney fees award
Two women who won attorney fees against their grandmother’s estate were hit with a reversal Tuesday from the Court of Appeals of Indiana.
Justices deny rehearing in Duke Energy coal-ash cleanup case; Goff dissents
Duke Energy will not get a second chance to convince the Indiana Supreme Court that it erred in ruling the utility cannot recoup its past costs for coal-ash cleanup efforts.
Justices to rule in gun case with US raw from mass shootings
With mass shootings in Texas, New York and California fresh in Americans’ mind, the U.S. Supreme Court will soon issue its biggest gun ruling in more than a decade, one expected to make it easier to carry guns in public in some of the nation’s largest cities.