Court opinions

Indiana Supreme Court
State of Indiana v. Justin Jones
21S-CR-50
Criminal. Reverses an order requiring a confidential informant in Justin Jones’ case to have a face-to-face interview with opposing counsel. Finds that an informant’s identity is inherently revealed through their physical appearance at a face-to-face interview. Also finds that when a defendant requests such an interview, the state has met its threshold burden to show the informer’s privilege applies. Finally, finds the Marion Superior Court did not apply the established balancing test before ordering disclosure. Remands.

Indiana Court of Appeals
David K. and Jane A. Burton, et al. v. Board of Zoning Appeals of Madison County, and Lone Oak Solar, LLC
20A-MI-2186
Miscellaneous. Affirms the denial of neighbors David and Jane Burton, Bob and Jean Mills, Curtis and Rebecca Harrison, Kara and Richard Brown, Ross and Katrina Hunter, Joshua Hiday, John Doe and Jane Doe’s petition for judicial review in favor of the Board of Zoning Appeals of Madison County and Lone Oak Solar Energy LLC. Finds the votes of BZA members Mary Jane Baker and Beth VanSickle in favor of Lone Oak were valid and that there was substantial evidence to support Lone Oak’s special use applications and setback variances.

Opinions June 18, 2021 Indiana Court of Appeals A.C. James, Jr. v. State of Indiana (mem. dec.) 19A-PC-2311 Post-conviction. Affirms the denial of A.C. James Jr.’s petition for post-conviction relief. Finds the errors he alleged do not amount to ineffective assistance of counsel. Marq Hall v. State of Indiana (mem. dec.) 19A-PC-2919 Post-conviction. Affirms the […]

Indiana Supreme Court
City of Marion v. London Witte Group, LLC, Chad Seybold, Estate of Michael Y. An, Global Investment Consulting, Inc., and World Enterprise Group, Inc.
20S-MI-00567
Miscellaneous. Affirms and reverses in part the grant of summary judgment to London Witte Group in a dispute with the city of Marion. After applying the adverse domination doctrine, finds summary judgment was inappropriate for all of the city of Marion’s claims because there are genuine issues of material fact as to whether former Mayor Wayne Seybold adversely dominated the city, and whether London Witte Group helped him do so. Remands for further proceedings.

7^th Circuit Court of Appeals
Design Basics, LLC, et al. v. Kerstiens Homes & Designs, Inc, et al.
18-3202, 19-3118 & 20-1515
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Civil. Affirms the Indiana Southern District Court’s award of $518,457.80 in attorney fees to Kerstiens Homes & Designs Inc. and the dismissal of Design Basics LLC’s copyright infringement suit against Kerstiens. Finds the allegedly infringing floor plans consist largely of standard features found in homes across America.

Indiana Court of Appeals
Michael Bousum v. Amber Bousum
20A-DR-1834
Domestic relations. Affirms the Clinton Superior Court’s order awarding appellate attorney fees to Amber Bousum from the father of her child, Michael Bousum. Finds Amber’s request for appellate attorney fees is not barred by res judicata or by the law of the case doctrine.

Indiana Court of Appeals
Pradeep Kumar Toppo v. State of Indiana
20A-CR-2099
Criminal. Affirms Pradeep Toppo’s conviction for Level 6 felony operating a vehicle while intoxicated and Class C infraction driving left of center. Holds that the traffic stop was lawful based on Toppo’s traffic violation and that the trial court did not err when it admitted evidence that law enforcement had obtained following a traffic stop.