Indiana Court of Appeals
In Re: The Matter of C.L., a Delinquent v. State of Indiana
Juvenile. Reverses adjudication that C.L. is delinquent for committing what would be Class A misdemeanor intimidation if committed by an adult. It was not established that C.L. committed intimidation for a prior lawful act. The evidence established that the alleged threats C.L. directed toward his grandfather were aimed at influencing future conduct, rather that in retaliation for past conduct. Judge Najam dissents.
Alexis Hutchison and Martha Farber, deceased and Trilogy Health Services, LLC, d/b/a Springhurst Health Campus
Small claim. Reverses judgment in favor of Springhurst Health Campus on its claim against Hutchinson and her now-deceased mother, Martha Farber, for payment of services provided to Farber while she was a resident at Springhurst. Hutchison agreed “to pay the Facility the full amount of the Resident’s income and resources that the Responsible Party/Agent controls or accesses,” and there was no evidence presented that she ever had access to or control of Farber’s income or resources from which to make payment to Springhurst. Remands for judgment to be entered in favor of Hutchinson.
Joel Stoffel v. JPMorgan Chase Bank, N.A. and Federal National Mortgage Association
Mortgage foreclosure. Affirms the trial court’s rejection of Stoffel’s argument that Fannie Mae’s satisfaction of judgment prohibited Fannie Mae from introducing evidence to show the correct amount of the agreed judgment. Reverses the trial court’s calculation of the amount of the agreed judgment, which the trial court determined after considering inadmissible evidence. Considering only the admissible evidence, holds that the amount of Fannie Mae’s credit bid exceeded the amount of the agreed judgment by $374.58. Remands with instructions that the trial court enter judgment for Stoffel in the amount of $374.58.
Edward Lee Matthys v. State of Indiana (NFP)
Criminal. Affirms termination from county re-entry court program and placement in the Department of Correction.
Lincolnshire Healthcare Operations Company, LLC, Lincolnshire Healthcare Center, Inc., and Tender Loving Care Management, Inc. v. The Estate of Dora Berry, by Personal Representative Rita Claxton (NFP)
Civil tort. Reverses denial of Lincolnshire’s motion to compel arbitration. Remands for further proceedings.
In the Matter of the Adoption of T.G.: D.G. v. M.C. (NFP)
Adoption. Affirms order that father’s consent to adoption was not required.
Derrick Barbour v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor operating a motor vehicle with a BAC greater than or equal to 0.15 and an infraction for driving with a suspended license.
Joseph K. Buelna v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class A felony manufacturing methamphetamine.
John Wallace v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
John McLaughlin v. State of Indiana (NFP)
Criminal. Affirms denial of motion to suppress.
In the Matter of the Civil Commitment of T.K. v. Department of Veterans Affairs, Richard L. Roudebush VA Medical Center (NFP)
Mental health. Affirms involuntary commitment to the VA Medical Center.
John Kryza v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C misdemeanor OWI with an alcohol concentration equivalent of at least 0.08 grams but less than 0.15 grams of alcohol and Class C misdemeanor OWI.
Casey M. Jordan v. State of Indiana (NFP)
Criminal. Affirms sentence for conviction for indirect contempt of court arising from the violation of a no-contact order.
The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.