Indiana Court Decisions – Dec. 30, 2021-Jan. 12, 2022
Read Indiana appellate court decisions from the latest reporting period.
Court opinions
Articles
Justices deny transfer to child custody case, but David dissents based on decisions that ‘circumvent’ appellate rule
The Indiana Supreme Court has denied transfer to a child custody case reversed by the Court of Appeals of Indiana, but one justice dissented with multiple concerns, including the “increasing number of appellate opinions that explicitly circumvent Appellate Rule 65(E).”
Supreme Court halts COVID-19 vaccine rule for US businesses
The Supreme Court has stopped the Biden administration from enforcing a requirement that employees at large businesses be vaccinated against COVID-19 or undergo weekly testing and wear a mask on the job. At the same time, the court is allowing the administration to proceed with a vaccine mandate for most health care workers in the U.S.
Opinions Jan. 13, 2022
Indiana Supreme Court
I.J. v. State of Indiana
22S-JV-14
Juvenile. Grants petition to transfer, vacates the Court of Appeals of Indiana’s decision and dismisses as moot a discretionary interlocutory appeal from juvenile I.J. challenging her placement at the Youth Opportunity Center. Justices of the Indiana Supreme Court conclude they are not convinced the COA opinion correctly advises courts regarding competency related treatment before Indiana Code § 31-37-26 takes effect on Dec. 31.
7th Circuit affirms sentence, prompts withdrawal of ineffective counsel claim in pharmacy robbery
An Indianapolis man who at 17 robbed a pharmacy then shot and killed one of his accomplices will have to serve his 19-year sentence after the 7th Circuit Court of Appeals found the district court was allowed to consider the acquitted charge of murder when calculating the sentence.
Justices dismiss as moot juvenile’s interlocutory appeal challenging placement order
The Indiana Supreme Court has dismissed as moot a juvenile’s appeal challenging her placement at a residential treatment facility, doing away with an appellate decision it says may not correctly advise courts regarding competency-related treatment.
7th Circuit won’t revive Illinois churches’ COVID suit
The 7th Circuit Court of Appeals has refused to revive a lawsuit filed by two churches requesting an injunction forbidding Illinois’ governor from reinstating capacity limits on religious services in the future like he did at the beginning of the COVID-19 pandemic.
Opinions Jan. 11, 2022
Court of Appeals of Indiana
Shaun A. Smith v. State of Indiana
21A-CR-956
Criminal. Affirms Shaun A. Smith’s conviction of Level 5 felony dealing in methamphetamine. Finds the Cass Superior Court did not abuse its discretion by admitting into evidence a redacted report compiling text messages that were extracted from Smith’s cellphone. Also finds that any error would have been harmless.
Opinions Jan. 10, 2022
Court of Appeals of Indiana
G.S., Jr. v. H.L.
21A-JP-1382
Juvenile paternity. Affirms the Hendricks Superior Court’s order granting A.L. (stepfather) sole legal and primary physical custody of J.S. (child), who was born to H.L. (mother) and G.S. Jr. (father). Finds father has not persuaded the COA that the trial court abused its discretion by awarding custody to stepfather.
COA affirms custody of child to stepfather over biological father’s appeal
A stepfather may keep legal and physical custody of his ex-wife’s child despite objections from the biological father, the Court of Appeals of Indiana has ruled.
COA reverses criminal conviction after jailed defendant didn’t receive case file
A Vanderburgh County man will get a second day in court after the Court of Appeals of Indiana reversed his criminal conviction, finding in part that his inability to get his case file while in jail violated his right to due process.
7th Circuit upholds denial of motion to suppress gun evidence
The denial of a man’s motion to suppress evidence of a gun that resulted in his firearm conviction will stand, the 7th Circuit Court of Appeals ruled Thursday.
Opinions Jan. 5, 2022
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Brenda L. Wilder v. Kilolo Kijakazi, Acting Commissioner of Social Security
21-1607
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms the Northern Indiana District Court’s order upholding the denial of Social Security disability benefits to Brenda Wilder. Finds the administrative law judge did not err in not considering whether Wilder met or equaled Listing 11.17(a), or when it didn’t request the opinion of a medical expert. Also finds the ALJ’s decision was supported by substantial evidence.
Legislators consider measure to repeal turn signal law
A bill that would remove a state law requiring drivers to initiate their turn signals at certain distances before turning or switching lanes has started down the Indiana legislative road.
7th Circuit upholds denial of disability benefits
An Indiana woman will not receive Social Security disability benefits after the 7th Circuit Court of Appeals affirmed her ailments don’t limit her from, at a minimum, sedentary work.
Despite ‘problematic’ precedent, COA upholds denial of defendant’s motion to compel police report
Despite having concerns about the continued viability of a 1985 Indiana Supreme Court decision, the Court of Appeals of Indiana upheld the denial of a defendant’s motion to compel evidence of unredacted copies of police reports based on that precedent.
7th Circuit orders district court to resentence fleeing defendant
A Northern Indiana District Court judge who sentenced a defendant to the maximum will have to go back for a do-over after the 7th Circuit Court of Appeals vacated the prison term because of procedural errors that could not be deemed harmless.
High court to hear negligence, drunken driving cases in January arguments
The Indiana Supreme Court is scheduled to kick off the new year with two oral arguments on the schedule.
Opinions Dec. 28, 2021
Indiana Court of Appeals
Kim M. Lloyd v. Lawrence Kuznar and Trustees of Purdue University
21A-CT-1338
Civil tort. Affirms the Allen Superior Court’s denial of Kim Lloyd’s Trial Rule 60(B) motion to the extent it sought to set aside the dismissal of her complaint against Lawrence Kuznar and Trustees of Purdue University. Finds Lloyd cannot revive her claims because she stopped participating in the litigation and failed to keep the trial court apprised of her address, which resulted in their dismissal. Finds the trial court erred in denying Lloyd’s Trial Rule 60(B) motion with respect to the default judgment entered against her on Kuznar’s counterclaim and reverses on that portion. Remands for further proceedings.
Opinions Dec. 23, 2021
The following opinions were posted after IL deadline on Wednesday:
7th Circuit Court of Appeals
Brooke Persinger v. Southwest Credit Systems, L.P.
21-1037
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the district court’s grant of summary judgment to Southwest Credit Systems L.P. in a dispute with Brooke Persinger. Finds Southwest’s compliance procedures were reasonable and thus met the Fair Credit Reporting Act requirements. Also finds the evidence shows that Southwest had a reasonable basis for relying on its procedures and that summary judgment for Southwest was appropriate because no reasonable juror could conclude that the inquiry into Persinger’s propensity‐to‐pay score resulted in actual damages.