Opinions Nov. 9, 2012

November 9, 2012

Indiana Court of Appeals
Amerisafe Risk Services, Inc., and Leerae Riggs v. The Estate of Hazel D. Wadsack, deceased, by Ronald J. Wadsack as Personal Rep., and Ronald J. Wadsack, individually
Civil tort. Reverses trial court denial of plaintiff’s request for dismissal, holding that the court lacked jurisdiction in the case. The estate of an injured worker’s mother sued the worker’s compensation insurer, claiming that the mother died as a result of emotional distress over the insurer’s handling of her son’s claim. The appeals court held that the Wadsacks had not exhausted appeals through the Worker’s Compensation Board, which the court determined had proper jurisdiction because the Wadsacks’ claim was derivative of their son’s claims for benefits.

Kelly Millard v. State of Indiana (NFP)
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class D felony.
Travis Reagle v. State of Indiana (NFP)
Criminal. Affirms trial court’s order that the sentences for Class A felony rape and Class B felony burglary be served consecutively.

In Re the Term. of Parent-Child Rel. of D.T.: S.T. v. The Indiana Dept. of Child Services (NFP)
Juvenile termination of parental rights. Affirms trial court’s decision to terminate mother’s parental rights to infant son, D.T.  

Timothy Allison v. State of Indiana (NFP)
Criminal. Affirms trial court’s sentence following the revocation of probation. Holds that Allison should have raised his argument that his initial sentence was illegal on direct appeal or in a petition for post-conviction relief.  

In the Matter of the Term. of the Parent-Child Rel. of I.C., J.C, and P.C.: E.C. v. Indiana Dept. of Child Services (NFP)
Juvenile termination of parental rights. Affirms trial court’s termination of father’s parental rights over his three minor children.