Indiana Court of Appeals
Charles Pickering v. Caesars Riverboat Casino, LLC d/b/a Horseshoe Southern Indiana
Civil tort. Affirms grant of summary judgment in favor of defendant, holding that an injury Charles Pickering sustained after passing beneath caution tape and falling on a snowy and icy parking garage surface could not be attributed to Horseshoe Casino, which had cordoned off the area.
C.B. v. State of Indiana
Juvenile. Reverses juvenile court denial of a motion to consider probable cause even though C.B. clearly established lack of probable cause. The court held that in a case in which a juvenile presents evidence that tends to negate probable cause, a juvenile court must grant a motion to reconsider probable cause.
Dorita P. Lee and Brealon Miller v. Elizabeth Hamilton (NFP)
Small claim. Affirms granting of judgment in favor of Dorita Lee and Brealon Miller. Concludes the lower court did not err in awarding Lee and Miller zero damages.
Christine and George Evan v. Trustgard Insurance Company, d/b/a Grange Insurance (NFP)
Civil tort. Dismisses the Evans’ appeal of denial of their motion to compel discovery responses in their action against Trustgard Insurance Co., doing business as Grange Insurance. Finds the Evans are not appealing a final judgment and did not properly perfect a discretionary interlocutory appeal. The COA rules it has no jurisdiction to entertain the appeal of the trial court’s denial.
Francis Napier v. State of Indiana (NFP)
Criminal. Affirms denial of Napier’s motion to suppress the evidence. Concludes that since the Indiana Gaming Commission officer’s actions in helping Napier’s girlfriend retrieve personal items from Napier’s truck did not constitute a search under the Fourth Amendment, the COA does not reach Napier’s argument that the search was unjustified under the automobile exception to the warrant requirement.
Dionne Stewart v. State of Indiana (NFP)
Post conviction. Affirms denial of Stewart’s amended petition for post-conviction relief. Concludes Stewart waived appellate review of his claim that the trial court erred in permitting the state to belatedly amend the Information to include a habitual offender allegation. COA concludes that Stewart did not receive ineffective assistance of appellate counsel.
Kevin T. Price v. State of Indiana (NFP)
Criminal. Affirms Price’s convictions and sentence for Class D felony pointing a firearm and Class A misdemeanor battery resulting in bodily injury. Finds the trial court did not err in excluding Price’s alibi witness and in instructing the jury. Also concludes Price has failed to carry his burden to show that his sentence is inappropriate.
In the Guardianship of D.M.: W.G. v. B.P. (NFP)
Guardianship. Affirms termination of W.G.’s (grandfather) guardianship over D.M. (granddaughter). Finds the trial court did not abuse its discretion either in terminating grandfather’s guardianship of D.M. or in awarding mother immediate custody of D.M.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.