The 7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadline.
The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.
Indiana Court of Appeals
CSL Community Association, Inc. v. Clarence Ray Meador
Miscellaneous. Reverses trial court’s grant of Meador’s motion for declaratory judgment that abrogated his obligation to pay homeowner’s association dues, finding that the evidence does not support the trial court’s conclusion that the changes in the community were so radical that the original purpose of the community and the deed restrictions were destroyed, and that the trial court erred in abrogating Meador’s obligation to pay dues and assessments.
Michael Thalheimer v. Ramon and Stacey Halum
Civil plenary. Affirms bench trial findings and judgment in favor of Halum, concluding that Thalheimer waived his claim that Halum spoilated evidence; that the economic loss doctrine did not preclude a negligence claim; and that the trial court did not abuse its discretion in finding that Thalheimer’s work was poor quality. The court denied Halum’s claim for appellate attorney fees, holding that an award on the argument that the appeal was frivolous and in bad faith was not warranted.
E.J., a minor by his mother and father Victor and Lynell Jeffrey v. Paul Okolocha, M.D., Okolocha Medical Corp., and Okolocha Medical, Pain and Weight
Civil tort. Affirms trial court grant of summary judgment in favor of Okolocha, holding that the doctor owed no duty to adoptive parents to provide prenatal medical records because authorization to release the records did not satisfy elements of HIPPA or Indiana Code 16-39-1-4(1).
In the Matter of the Term. of the Parent-Child Rel. of Ma.J. and My.J.; and K.B. v. Indiana Dept. of Child Services
Juvenile/termination of parental rights. Reverses termination of mother’s parental rights, concluding that the Department of Child Services failed to meet its burden of demonstrating that the conditions resulting in children’s removal would not be remedied due to the mother’s progress over eight months in meeting areas of concern.
Dennis Feyka v. State of Indiana
Criminal. Affirms trial court conviction of Class A felony child molesting, holding that a prosecutor’s references to Feyka’s failure to testify were not fundamental error and that there was sufficient evidence to support Feyka’s conviction.
Anastazia Schmid v. State of Indiana
Post conviction relief. Affirms post-conviction court’s denial of petition for post-conviction relief, finding the appellant-defendant did not demonstrate counsels’ alleged errors were prejudicial.
Kendrice Dorsey v. State of Indiana (NFP)
Criminal/post-conviction relief. Appeals trial court denial of post-conviction relief for Class A felony possession of cocaine with intent to deliver.
Elsa M. McLaughlin v. John C. Clark and Zore's, Inc. (NFP)
Civil tort. Affirms trial court ruling in favor of Clark.
Gene Hildebrandt v. Pepsi America a/k/a Globe Transport (NFP)
Executive administrative/workers’ compensation. Affirms denial of application for adjustment of claim.
Warren Parks v. State of Indiana (NFP)
Criminal. Affirms trial court order of contempt of court.
Cleverly Lockhart v. State of Indiana (NFP)
Criminal. Affirms trial court denial of motion to correct erroneous sentence.
Marshall Jackson v. Beckie Bennett (NFP)
Miscellaneous. Affirms denial for petition of writ of habeus corpus.
In the Matter of the Term. of the Parent-Child Rel. of D.Y.; M.Y. v. Indiana Dept. of Child Services (NFP)
Juvenile/termination. Affirms trial court termination of parental rights.
Rachel Ann Ruch v. State of Indiana (NFP)
Criminal. Affirms trial court judgment for restitution from a conviction of Class B felony dealing in methamphetamine.
Term. of Parent-Child Rel. of E.Y., Minor Child; A.Y., Mother v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
Juvenile/termination of parental rights. Affirms termination of parental rights.
Jeffrey M. Steffen v. State of Indiana (NFP)
Criminal. Affirms convictions of four Class D felony counts of intimidation and theft.
Sherri Hillenburg and Dennis Hillenburg v. Paul D. Reeves and Norma J. Reeves Revocable Trust; Paul Reeves, Norma J. Reeves and John Reeves (NFP)
Civil plenary. Affirms denial of motion to correct error.