Justia Constitutional Law Opinion Summaries

After a jury trial, Defendant was convicted of three counts of child molestation. The only substantive evidence implicating him in those crimes was a forensic nurse examiner that testified about statements made by the alleged victim, a six-year-old child who, at the time of the trial, had recanted. The Supreme Court vacated Defendant's convictions with respect to two counts of child molestation, holding (1) there was an insufficient showing that the child victim in this case was motivated to provide truthful information to her nurse, and therefore, the nurse's testimony should not have been admitted as substantive evidence against Defendant; and (2) without this testimony, the evidence against Defendant was insufficient to sustain his convictions for child molestation. Remanded for a new trial. View "VanPatten v. State" on Justia Law

Plaintiff owned and operated certain water and sewer facilities in the City of Fort Wayne. The facilities were divided into two separate geographic areas - the North System and the Aboite System. In 2002 the City passed a resolution appropriating and condemning the North System. The City assessed damages in the amount of $14,759,500. Plaintiff challenged the condemnation proceedings alleging that the City failed to follow the proper eminent domain or condemnation statutes. The trial court granted summary judgment for the City, and the Supreme Court affirmed. The City subsequently reaffirmed its initial resolution appropriating and condemning Plaintiff's North System and adopted a resolution assessing damages in the amount of $16,910,5000. Plaintiff appealed the decision to the trial court and requested a trial by jury. The trial court refused the trial request and granted the City's motion for partial judgment on the pleadings. The Supreme Court reversed, concluding that Plaintiff had a right to the trial court's review of the record which included a full evidentiary hearing before a jury. View "Util. Ctr., Inc. v. City of Fort Wayne" on Justia Law

Defendant pled guilty to felony armed robbery and felony criminal confinement. The trial court determined that the aggravating circumstances outweighed the mitigating circumstances and imposed the maximum sentence of twenty years on each count, resulting in an aggregate sentence of forty years. The court of appeals affirmed the sentence. Defendant subsequently filed for post-conviction relief, arguing that he received ineffective assistance of counsel for failure to challenge the aggravating factors used by the trial court in determining his sentence. Specifically, Defendant claimed the trial court could not aggravate his sentence with an essential element of a charge that was dismissed pursuant to the plea agreement. The trial court denied relief. The court of appeals affirmed. The Supreme Court affirmed, holding that unless the evidence is forbidden by the terms of the plea agreement, the trial judge may consider all evidence properly before him. View "Bethea v. State" on Justia Law

Defendant pled guilty to receiving stolen property, a felony. While serving her probation term, Defendant was arrested and charged with theft. After an evidentiary hearing, the trial court determined that Defendant had committed four probation violations, including commission of a new criminal offense, and ordered Defendant to serve a portion of her previously suspended sentence. Defendant appealed, contending that the trial court erred by using the probable cause standard rather than the preponderance of the evidence standard in evaluating whether she committed the crime of theft. The Supreme Court vacated the judgment of the trial court, holding (1) the correct burden of proof for a trial court to apply in a probation revocation proceeding is the preponderance of the evidence standard; and (2) because it was unclear which standard the trial court used in this instance, the case was remanded for a new determination of whether Defendant violated the conditions of her probation by a preponderance of the evidence and, if so, the appropriate sanction for such a violation. View "Heaton v. State" on Justia Law

After a jury trial, Defendant was convicted of criminal mischief as a Class B misdemeanor for vandalizing another man's truck. The trial court sentenced Defendant to thirty days executed, 150 days suspended, and 360 days of probation. The court of appeals (1) affirmed Defendant's conviction, concluding it was supported by sufficient evidence, and (2) reversed in part Defendant's sentence and remanded for a redetermination of Defendant's period of probation, not to exceed 185 days, finding that Defendant's sentence was inconsistent with Ind. Code 35-50-3-1(b). The Supreme Court granted transfer and vacated the opinion below, holding (1) the evidence was sufficient to support Defendant's conviction; and (2) regardless of the maximum sentence available under Ind. Code. 35-50-3-2 through -4, the combined term of imprisonment and probation for a misdemeanor may not exceed one year. Remanded for imposition of a probationary period not to exceed 335 days - the difference between one year and the thirty days Defendant was ordered to serve in prison. View "Jennings v. State " on Justia Law

Defendant, a North Carolina resident, was charged in Indiana with two counts of non-support of a dependent. After the trial date was set, Defendant's public defender filed a motion to withdraw. The trial court granted the motion to withdraw after Defendant failed to appear for a hearing on the motion. Defendant subsequently failed to appear in court the morning of his trial date, so he was tried in absentia. A jury found him guilty on both counts. Defendant arrived at the courthouse that afternoon and was immediately taken into custody. The Supreme Court vacated Defendant's convictions and remanded for a new trial, holding that based on the particular facts and circumstances of this case, the trial court abused its discretion in trying Defendant in absentia, without counsel. View "Hawkins v. State" on Justia Law

After a bench trial, Defendant was found guilty of burglary, adjudicated an habitual offender, and sentenced to twenty-two years imprisonment. The trial court also ordered Defendant to pay restitution to the victim in the amount of $711.95, which reflected the loss of the victim's television set and record collection. The court of appeals reversed the restitution order on grounds there was insufficient evidence to support the amount awarded and declined to remand the case. The Supreme Court granted transfer to address whether the case could be remanded for a new restitution hearing. The Court granted transfer of jurisdiction and remanded to the trial court with instructions to conduct a new restitution hearing at which the State would be permitted to present, and Defendant would be allowed to confront, any additional evidence supporting the victim's property loss. View "Iltzsch v. State" on Justia Law

Plaintiff's wife died after various physicians failed to diagnose and treat her obstructed bowel. Plaintiff, acting individually and as a personal representative of his wife's estate, filed a medical malpractice complaint against Community Hospitals of Indiana, Inc. (Community). A jury returned a verdict in favor of Plaintiff and awarded damages in the amount of $8.5 million. Community subsequently made an oral motion to reduce the jury awarded to $1.23 million - the cap imposed by the Indiana Medical Malpractice Act (Act). Plaintiff objected to the reduction of the damage award alleging that the cap was unconstitutional and requesting an evidentiary hearing to develop his constitutional challenges. The trial court denied Plaintiff's request and entered judgment in the amount of $1.25 million. The Supreme Court affirmed, holding that Plaintiff forfeited his opportunity to conduct an evidentiary hearing to challenge the constitutionality of the Act. View "Plank v. Cmty. Hosps. of Ind., Inc." on Justia Law

In 1997, Defendant pled guilty to child solicitation, a class D felony. Upon discharge from probation in 1999, Defendant was required to register as a sex offender for ten years pursuant to the Sex Offender Registration Act. In 2006, the legislature amended the Act to require lifetime registration in certain circumstances. Defendant's offense fell within these circumstances. After Defendant had completed ten years of registration, he requested the removal of his registration requirement. The trial court denied the petition. The Supreme Court reversed, holding that, under the facts of this case and as applied to Defendant, the Ex Post Facto Clause of the Indiana Constitution prohibited retroactive application of the lifetime registration requirement. View "Gonzalez v. State" on Justia Law

After a jury trial, Defendant was convicted of multiple counts of child molesting and sentenced to an aggregate term of eighty years. The court of appeals affirmed Defendant's convictions but remanded the cause to the trial court with instructions to impose an aggregate term of forty years, concluding that the trial court abused its discretion sentencing Defendant. The Supreme Court granted transfer, thereby vacating the decision of the court of appeals, and summarily affirmed the portion of the court of appeals' decision concerning the majority of Defendant's claims. The Court then affirmed the judgment of the trial court regarding Defendant's sentence, holding that the trial court did not abuse its discretion in imposing Defendant's sentence. View "Kimbrough v. State" on Justia Law