Indiana Supreme CourtSuzanne Eads and James Atterhold, Commissioner of the Indiana Department of Insurance v. Community Hospital
Civil. Rules general negligence claims filed with the Indiana Department of Insurance can continue an action already filed in state court relating to medical malpractice issues.
Indiana Court of Appeals
Paul E. Armstrong, Jr. v. State of Indiana
Post conviction. Affirms denial of petition for post-conviction relief. The post-conviction court did not err by finding that Armstrong received effective assistance of counsel; Armstrong’s plea of guilty was voluntary; the state established a sufficient factual basis; and any error that stemmed from Armstrong not being represented by counsel at the sentencing hearing is harmless beyond a reasonable doubt.
Mickey Sloan v. Town Council of the Town of Patoka
Civil. Reverses decision in favor of the town council, denying Sloan’s claim of inverse condemnation of a certain part of his real estate by the town of Patoka. The Town of Patoka’s use of Sloan’s property as a roadway without prior compensation being paid to Sloan or his predecessor in title constitutes a “taking” under an inverse condemnation theory. Remands for further proceedings.
Stuart A. Clampitt v. State of Indiana
Criminal. Reverses order denying Clampitt’s motion to remove his status as a sexually violent predator. The Montgomery Circuit Court had jurisdiction to rule on his motion. Remands with instructions.
Alrita Morehead v. Duane Deitrich
Civil Tort. Affirms summary judgment for Deitrich in Morehead’s suit after she was bit by a dog that was living in a home Deitrich rented. The undisputed facts are that Deitrich was neither the owner nor the keeper of his tenants’ dog. Thus, as a matter of law, he had no duty to confine or restrain the dog.
Nathan R. Cook v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony domestic battery and Class A misdemeanor domestic battery.
Kenneth W. Rhymer, Jr. v. State of Indiana (NFP)
Criminal. Affirms probation revocation.
Robert Browning v. State of Indiana (NFP)
Criminal. Affirms conviction of operating a motor vehicle while intoxicated as a Class C misdemeanor.
James N. Hamilton v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for receiving stolen property as a Class D felony.
Indiana Tax Court had posted no opinions at IL deadline.