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Opinions June 19, 2017

June 19, 2017

Indiana Court of Appeals
Daviess-Martin County Joint Parks and Recreation Department, Daviess County Indiana, and Daviess County Health Department v. The Estate of Waylon W. Abel by John Abel, Personal Representative, et al.
19A04-1607-CT-1563
Civil tort. Reverses the denial of the Daviess-Martin Joint County Parks & Recreation Department, Daviess County, Indiana, and the Daviess County Health Department’s motions for summary judgment regarding a negligence claim by the estate of Waylon Abel, and John Abel on behalf of the dependent children of Waylon Abel. Finds the county, parks board and health department did not have a duty to Waylon Abel. Also finds the Dubois Circuit Court erred when it denied the motions for summary judgment. Remands with instructions to enter summary judgment in favor of the county, parks board and health department. Judge Margaret Robb concurs in result with separate opinion.

In the Matter of O.S. (Child), A Child in Need of Services and, R.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
32A05-1701-JC-50
Juvenile CHINS. Affirms the Hendricks Superior Court’s order find R.S.’s daughter, O.S., to be a child in need of services. Rules the trial court’s findings that coercive intervention of the court was necessary were not clearly erroneous.

Gentry Hervie Jackson v. State of Indiana (mem. dec.)
45A03-1609-CR-2032
Criminal. Affirms Gentry Jackson’s conviction for murder. Finds the Lake Superior Court did not abuse its discretion in allowing the state to elicit testimony from Alexis McCloud Rogers that Michelle Jackson had threatened her, causing Rogers to make false pretrial statements. Also finds there is sufficient evidence Gentry Jackson had the requisite mens rea to commit murder and was not acting in self-defense when he shot Alec McCloud, Rogers' father.

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