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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were posted after The Indiana Lawyer’s deadline Thursday:
7th Circuit Court of Appeals
William R. Partin v. Baptist Healthcare System, Inc., d/b/a Baptist Health Floyd and Daniel J. Eichenberger, M.D
22-3054
Civil. Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Senior Judge Sarah Evans Barker. Affirms the district court’s granting of summary judgment for Baptist Healthcare System and Daniel Eichenberger. Finds no reasonable jury could find that Grace Marksbury or Daniel Eichenberger defamed William Partin. Also finds Baptist’s conduct cannot be considered unfair economic pressure under Indiana law, particularly given the many complaints the hospital had received over the years regarding Partin’s conduct. Attorney for appellant: Michael Merrick. Attorneys for appellees: Rodney Scott, Eric Eberwine, John Hofmann.
Indiana Supreme Court
Diamond Quality, Inc. v. Dana Light Axle Products, LLC
24S-CQ-265
Certified question. Answers “no” to the Indiana Northern District Court’s certified question, “Does a property owner act without justification (or engage in wrongful or illegal conduct), for purposes of a claim for tortious interference with a contractual or business relationship, when the property owner bars a plaintiff from accessing the owner’s property?” Finds a property owner has an absolute right to exclude others from its property. Also finds that since exercising the right to exclude is not “unjustified”, “wrongful”, or illegal, this conduct cannot support a claim for tortious interference under Indiana law. Justice Christopher Goff dissents with separate opinion. Attorneys for plaintiff: Craig Patterson, Noah Vancina. Attorneys for defendant: Kathleen Anderson, Zachary Barron.
Friday opinions
Indiana Court of Appeals
James Beau Burkhart v. State of Indiana
24A-CR-1237
Criminal. Affirms James “Beau” Burkhart’s murder conviction in Wayne Superior Court and his 55-year prison sentence. Finds the trial court did not abuse its discretion by excluding evidence of the father’s prior criminal charges and convictions, and Burkhart’s mitigated sentence is not inappropriate under Appellate Rule 7(B). Attorney for appellant: Cara Schaefer Wieneke. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Jennifer Anwarzai.
Steven Stanley v. State of Indiana
24A-CR-1176
Criminal. Affirms Steven Stanley conviction in Hendricks Superior Court of Level 1 felony child molesting and his 50-year prison sentence. Finds the trial court did not violate Stanley’s Sixth Amendment rights by sentencing him as a credit restricted felon, and the trial court adequately advised him the credit restricted status impacted the calculation of his good time credit. Attorney for appellant: Lisa Manning. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Daylon Welliver.
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