17 results for 'judge:"Weissmann"'.
J. Weissmann finds that the trial court improperly ruled in breach of contract claims because facts remain in dispute as to whether the parties orally agreed to form the company as equal members, and the business was entitled to a jury trial. Reversed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: April 17, 2024, Case #: 23A-PL-1383, Categories: Contract
J. Weissmann finds that the trial court properly held that Hoosier Jews for Choice have standing in claims challenging state abortion restrictions on religious grounds because the Hoosier Jews demonstrated the restrictions have caused them harm, as they have been forced to alter sexual and/or reproductive behavior; meanwhile, the court properly held that their inability to access abortions infringed their religious freedoms, as one anonymous plaintiff's beliefs include that "life begins when a child takes their first breath after birth" and that a pregnant woman's life "must take precedence over the potential for life embodied in a fetus," while another anonymous plaintiff, who lacks affiliations with a particular religion and does not believe in a single god, believes in a "supernatural force or power in the universe that connects all humans" and that "we are endowed with bodily autonomy." The claims may proceed as a class action, but the court's injunction must be narrowed so as not to allow valid applications of the restrictions to be blocked. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: April 4, 2024, Case #: 22A-PL-2938, Categories: Civil Rights, Injunction
J. Weissmann finds that defendant was properly convicted of murder since the lower court took numerous measures to ensure the jury did not know the victim's mother had been convicted of murder during defendant's trial. Once that information was disclosed, the court properly declared a mistrial, and the second trial did not violate double jeopardy. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: March 11, 2024, Case #: 23A-CR-606, Categories: Evidence, Murder, Double Jeopardy
J. Weissmann finds that the trial court properly ruled for the insurer in claims seeking coverage for theft because the policy contained an exclusion for dishonest acts performed by someone entrusted with the property, and theft of the tools had been committed by the company's employee. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: March 4, 2024, Case #: 23A-PL-995, Categories: Insurance, Property
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J. Weissmann finds that defendant was improperly convicted of drug possession because evidence did not indicate that the substance in defendant's possession was marijuana. However, defendant was properly convicted of dealing methamphetamine, and the lesser included crime of possession should not have been entered as a separate conviction. Reversed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: January 9, 2024, Case #: 23A-CR-1442, Categories: Drug Offender, Evidence
J. Weissmann finds that the trial court properly ruled in a zoning dispute over a shooting range because the property owners had been granted a permit to sell guns but not to have a shooting range on the property, and the owners failed to defend the zoning violation other than insisting county officials had not been allowed to enter the property. Meanwhile, attorney fees and sanctions were properly entered. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: December 7, 2023, Case #: 23A-CT-467, Categories: Sanctions, Zoning, Attorney Fees
J. Weissmann finds that the trial court properly ruled in inverse condemnation claims concerning a dam built on plaintiffs' property because the state's requests to modify or remove the dam did not constitute a taking. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: November 15, 2023, Case #: 22A-PL-2899, Categories: Property
J. Weissmann finds that the trial court properly expunged juvenile delinquency records but declined to expunge child welfare records concerning a four-year stretch in which plaintiff, now 23, molested his sisters beginning when he was 10 years old. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: September 27, 2023, Case #: 23A-XP-636, Categories: Juvenile Law
J. Weissmann finds the lower court improperly denied defendant’s motion to suppress evidence obtained without a warrant. The smell of marijuana led officers to defendant’s door one evening, where they proceeded to knock and speak to the defendant. Based on the strong marijuana odor coming from the home, officers removed defendant from his home and entered the dwelling without a warrant. Once inside, officers observed drug paraphernalia and a gun and a warrant was then sought. The instant court finds that responding officers lacked authority to enter defendant’s home without a warrant, and the subsequent warranted searches were tainted by the warrantless entry. The matter is remanded for further proceedings. Reversed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: August 3, 2023, Case #: 22ACR2581, Categories: Drug Offender, Evidence, Search
J. Weissmann finds that the trial court improperly ruled against defendant in this appeal from his conviction for criminal mischief because defendant demonstrated his request for a jury trial was not honored and that his lawyer rendered ineffective assistance. Reversed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: June 29, 2023, Case #: 22A-PC-2431, Categories: Ineffective Assistance
J. Weissmann finds that the trial court properly held that defendant violated probation based on evidence indicating defendant failed to meet with the probation department once released from custody. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: June 2, 2023, Case #: 22A-CR-2667, Categories: Probation