Cases

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Same case below, 420 Fed. Appx. 653.

GARY W. LYNCH, P.J., Opinion author. Brian Geoffrey Massa (“Defendant”) appeals his conviction for involuntary manslaughter in the first degree, see section 565.024, RSMo Cum.Supp.2008, claiming the trial court plainly erred in the admission of certain expert testimony and the submission of two jury instructions, the evidence was not sufficient to support his conviction, and the trial court prejudicially erred in ex

On Petition to Transfer from the Indiana Court of Appeals, No. 32A05-1604-CR-703 Massa, Justice. The legislature’s view of habitual offenders has changed over time, from statutory versions strict to those more flexible. In this case, the Court is asked to interpret the habitual offender statute in one of its recently amen

Massa, J., concurring. Twenty-two years have passed since Benjamin Laughlin was murdered in 1995, but now the man convicted of killing him will get a new trial; an outcome caused by a perfect storm of error by all involved— the trial court, the prosecutor, and the defense—resulting in a collapse of the system. I fully concur with Justice Rucker’s dispassionate legal analysis regarding ineffective assistance

Goff, Justice. This case arises from a tragic accident where an uninsured driver under the influence of methamphetamine struck and killed Brian Harris who was mowing his home's lawn near the roadside. Harris's estate sought uninsured motorist benefits under his employer's commercial auto policy, claiming he qualified for coverage under the policy term "others we

David, Justice. We are asked to resolve whether a defendant can be convicted of multiple felony resisting law enforcement charges when those charges stem from a single incident of resisting. For reasons discussed herein, we find that Indiana Code section 35-44.1-3-1 authorizes only one conviction for felony resisting law enforcement where the defendant engages in a single act of resisti

RUSH, Chief Justice. Angela Martin and Brian Brothers co-hosted a house party., As it wound down, Brothers and two guests—Jerry Chambers and Paul Michalik—got into a fist *318 fight. Afterwards, Martin found Jerry-Chambers bleeding from his face and Paul Miehalik lying motionless on her basement flo

DICKSON, Chief Justice. The plaintiff, a college freshman and fraternity pledge, filed this personal injury action seeking damages from his college, his campus fraternity, its national organization, and a student fraternity member for personal injuries sustained in an incident at the fraternity house. We reverse the trial court's grant of summary judgment for the campus fraternity but affirm the grant of summary judgment for t

RUSH, Chief Justice. A criminal suspect’s state and federal rights to counsel and confrontation of witnesses are essential to a fair trial. Here, police officers and a prosecutor eavesdropped on a criminal suspect’s pre-inter-rogation consultation with his lawyer, overhearing information regarding both evidence and trial strategy. Then, when called to testify about that eavesd

IN THE Indiana Supreme Court Supreme Court Case No. 23S-LW-244 FILED Chelsea L. Crossland, Apr 23 2025, 9:07 am Appellant, CLERK Indiana Supreme Court Cou

FILED Dec 22 2020, 3:05 pm CLERK Indiana Supreme Court Court of Appeals IN THE

DICKSON, Chief Justice. Facing charges of Murder and Assisting Suicide, the defendant filed a motion to suppress incriminating statements he made to a police detective in response to police inquiries, notwithstanding the defendant’s prior request for counsel. The trial court denied his motion, and the defendant initiated this interlocutory appeal. The Court of Appeals affirmed.

On Petition for Rehearing DAVID, Justice. Veolia seeks rehearing and asks this Court to determine whether the Insurers are third-party beneficiaries to the Management Agreement between Veolia and the City of Indianapolis. We now grant rehearing. As to all issues not expressly addressed in our principal opinion, the Court of Appeals is summarily affirmed pursuant to Ind. Appellate Rule 58(A)(2).

907 A.2d 1051 (2006) MILLER ELECTRIC COMPANY v. Tate DeWEESE and Just-Mark, Inc. v. Birmingham Bistro, Inc. Appeal of Birmingham Bistro, Inc. Supreme Court of Pennsylvania. Argued March 7, 2005. Decided October 17, 2006. Rudolph L. Massa, for Birmingham Bistro, Inc., appellant. Brian Charles Kuhn, for Miller Elec. Co., appellee. Before: CAP

*702 DAVID, Justice. In this case, a company hired an accounting firm to provide auditing services. Their agreement provided that any claim arising from the services would be submitted to arbitration. During the years covered by the agreement, an employee of the company committed fraud and theft, causing

On Transfer from the Indiana Court of Appeals, No. 87AO1I-1112-PL-610 DICKSON, Chief Justice. This appeal arises from an action by numerous landowners to remonstrate against an attempt by the City of Boonville to annex 1,165 acres of real estate located west of Boonville's geographic limits. The sole disputed issue in this appeal is whether the statutory pr

On Direct Appeal from a Sentence of Life Imprisonment Without Parole DAVID, Justice. Charles Moore was charged with the murders of Alejandro Tinoco and Jazmín Conlee. After Moore was found guilty of both murders, the jury recommended a sentence of life without the possibility of parole for the murder of Conlee. Moore was ultimately sentenced to sixty-five

970 N.E.2d 647 (2012) Michael SHARP, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). No. 12S02-1109-CR-544. Supreme Court of Indiana. June 26, 2012. *648 Richard L. Langston, Frankfort, IN, Attorney for Appellant. Gregory F. Zoeller, Attorney General of Indiana, Brian L. Reitz, Deputy Attorney

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Leanna K. Weissmann Gregory F. Zoeller Lawrenceburg, Indiana Attorney General of Indiana Karl M. Scharnberg Brian L. Reitz Deputy Attorneys General Indian

MASSA, Justice. Lisa Kane appeals her conviction for receiving stolen property, arguing that the trial court improperly instructed the jury on the mental state required to convict her. We agree, reverse her conviction, and remand her case for retrial. Facts and Procedural History In 2010, Sam Rifner and Lisa J. Kane had been