Justices: Menards not at fault for customer’s injury caused by defective box
A home improvement retailer wasn’t at fault when a sink fell out of a defective box and injured a customer inside one if its stores, the Indiana Supreme Court has ruled.
Court opinions
Articles
Opinions Oct. 19, 2021
Indiana Court of Appeals
Richard Allen Byrd v. State of Indiana (mem. dec.)
21A-CR-637
Criminal. Affirms the Howard Circuit Court’s sentencing of Richard Allen Byrd to an aggregate of five years, with three years suspended to supervised probation, for his convictions of Level 6 felony sexual battery. Finds Byrd’s guilty plea isn’t substantially mitigating as he gained a benefit by having Level 4 felony child molesting charges exchanged for Level 6 felony battery convictions. Also finds the executed portion of his sentencing appropriate.
COA finds charging information had ‘sufficient particularity’ in child molesting case
An Indianapolis man who did not challenge the sufficiency of the charging information at his trial and then argued to the Indiana Court of Appeals that the lower court committed a fundamental error by holding a trial was told in a six-page opinion that his argument was unavailing.
AG asks Indiana Supreme Court to take adoption neglect case
The Indiana attorney general’s office has asked the state’s highest court to take up a case involving a former couple accused of abandoning their adopted daughter.
DOJ will ask Supreme Court to halt Texas abortion law
The Biden administration said Friday it will turn next to the U.S. Supreme Court in another attempt to halt a Texas law that has banned most abortions since September.
School district, psychologist win partial motions to dismiss in special ed discrimination suit
A northern Indiana school district and its contract psychologist have secured partial victories in a lawsuit brought by the mother of a child with special needs who alleged her child was not given proper educational services.
Opinions Oct. 15, 2021
Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of Ad.W., An.W., I.W., and M.W., and M.G. (Mother) and D.W. (Father), M.G. (Mother) and D.W. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-691
Juvenile termination of parental rights. Affirms the termination of mother M.G. and Father D.W.’s parental rights to their four children. Finds the Lake Superior Court did not err when it concluded there is a reasonable probability that the conditions resulting in the children’s removal will not be remedied, or that termination is in the children’s best interests.
Court again lets Texas continue banning most abortions
Texas can continue banning most abortions after a federal appeals court rejected the Biden administration’s latest attempt to stop a novel law that has become the nation’s biggest curb to abortion in nearly 50 years.
7th Circuit condemns 75-day delay in opinion, saying wait could spell ‘disaster’ for litigants
A federal judge whose delayed opinion could have been “catastrophic” for a litigant has been reprimanded by the 7th Circuit Court of Appeals, which cautioned other district judges not to follow suit.
Indiana Court Decisions – Sept. 23-Oct. 6, 2021
Read Indiana appellate court decisions from the most recent reporting period.
IndyBar: 2021 SCOTUS Round Up, Part 2
The Supreme Court has recently issued opinions! Many of the cases involve criminal law.
Opinions Oct. 5, 2021
Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of I.L., O.L., V.N., and M.P.N. (Minor Children) and S.T. (Mother) v. Indiana Department of Child Services
21A-JT-418
Juvenile termination of parental rights. Affirms the denial of mother S.T.’s parental rights following a remote final hearing. Finds the minor technological and logistical issues that arose during the hearing were quickly addressed by the court and do not amount to a due process violation. Also finds the evidence was sufficient to terminate S.T.’s parental rights.
Opinions Oct. 4, 2021
Indiana Court of Appeals
Mark Anthony Fuller v. State of Indiana (mem. dec.)
21A-CR-597
Criminal. Affirms the order for Mark Fuller to execute a portion of his previously suspended sentence and that his probation be extended as a result of a probation violation. Finds the Dearborn Superior Court didn’t abuse its discretion in imposing sanctions.
Reversal: Justices split, reinstate murder conviction for teen after toddler’s shooting death
In a 3-2 split, the Indiana Supreme Court has reinstated a murder conviction against a northern Indiana teen convicted in relation to the shooting death of a South Bend toddler. The dissent, however, would have granted post-conviction relief based on deficient counsel performance.
Opinions Oct. 1, 2021
Indiana Court of Appeals
Landis Reynolds v. State of Indiana (mem. dec.)
20A-PC-2374
Post-conviction. Affirms the Howard Superior Court’s denial of a petition for post-conviction relief for convicted murderer Landis Reynolds. Finds Reynolds has not shown that he was prejudiced by his counsel’s failure to investigate Jonathan Clark and Timothy Spencer. Also finds Reynolds has not shown that the defense of abandonment was a viable one, and his counsel adequately presented as a defense that Jonathon Heath had actually committed the crime. Finally, finds Reynolds has not demonstrated that the outcome of his trial would have been different had his counsel objected to Cpt. Michael Wheeler’s testimony that cellphone records are unreliable.
COA affirms Bloomington woman committed computer trespassing after accessing ex’s Snapchat, posting nude photos
A Bloomington woman who took her ex-boyfriend’s Snapchat password from his computer without permission and posted nude images sent to him by another woman committed computer trespassing, the Indiana Court of Appeals affirmed Thursday.
7th Circuit upholds convictions for drug ringleader Grundy, multiple crew members
The 7th Circuit Court of Appeals has upheld convictions for Indianapolis drug kingpin Richard Grundy and members of his crew following their 2019 convictions in a wide-ranging trafficking conspiracy. But the court did reverse two convictions for one member of Grundy’s team, finding evidence “left a reasonable doubt” that he committed the crimes.
Opinions Sept. 29, 2021
Indiana Court of Appeals
Chris Lawrence Rochefort v. State of Indiana
21A-CR-770
Criminal. Affirms Chris Rochefort’s conviction for Level 6 felony failure to return to lawful detention. Finds the Lake Superior Court did not abuse its discretion when it denied Rochefort’s motion for a mistrial or when it rejected his proffered instruction on the defense of necessity.
Indiana Court Decisions – Sept. 9-22, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Opinions Sept. 28, 2021
Indiana Court of Appeals
Phillip Beachey v. State of Indiana
20A-CR-2121
Criminal. Vacates and remands the Elkhart Superior Court’s order denying modification to Phillip Beachey’s bond. Finds the trial court abused its discretion in not conducting a pretrial risk assessment report pursuant to Indiana Criminal Rule 26 and Indiana Code § 35-33-8-3.8.