The Indiana Supreme Court posted the following opinion Monday after IL deadline:
Bonnie Moryl, as Surviving Spouse and Personal Representative of the Estate of Richard A. Moryl v. Carey B. Ransone, M.D., La Porte Hospital, Dawn Forney, RN, Wanda Wakeman, RN BSBA, et al.
Civil tort. Reverses summary judgment in favor of the defendants in a malpractice action, holding in a matter of first impression that the complaint was timely filed when it was deposited for overnight shipping with Federal Express the day before the two-year statute of limitations expired. Remands for proceedings.
Indiana Supreme Court
State of Indiana v. Adrian Lotaki
Criminal. Reverses sentencing order, holding the trial court erred in calculating credit time for a battery committed while Adrian Lotaki was serving a sentence in the Department of Correction. Because sentences for crimes committed in prison are by statute served consecutively, the credit time awarded against the battery conviction effectively enabled Lotaki to serve part of his consecutive sentence concurrently. Remands for resentencing.
In re Adoption of T.L. and T.L.; M.G. v. R.J. and E.J.
Adoption. Affirms trial court adoption petition, holding that it was not clearly erroneous. Father’s consent was not needed because the trial court found he knowingly failed to provide for the care and support of his children, and in such cases statute provides the parent’s consent is not required.
Indiana Court of Appeals
Michael E. Hitchens v. Collection Specialists, Inc.
Small claims. Affirms judgment in favor of Collection Specialists, Inc. for an uncollected dental bill of $3,440, rejecting Michael Hitchens’ claim that the dentist’s letter stating Hitchens had never expressed displeasure about the services was improperly admitted hearsay. The panel found Hitchens’ due process had not been denied and that rewriting the Small Claims Rules to forbid rulings based exclusively on hearsay evidence would be contrary to the courts’ mission to dispense speedy justice between parties.
Robert E. Hicks v. State of Indiana
Criminal. Affirms Hicks’ conviction of murder and 55-year sentence in the Indiana Department of Correction. Although police officers had started questioning Hicks, they stopped the interrogation and gave him a Miranda warning before he confessed. Therefore, the statements he made about beating and stabbing his girlfriend were admissible.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.P., C.P., and D.P., the minor children, and A.H., the Mother, and J.P., the Father: A.H. and J.P. v. IDCS (NFP)
Juvenile. Affirms involuntary termination of A.H.’s (mother) and J.P.’s (father) parental rights to their children, B.P., C.P. and D.P.
Fidelity and Deposit Co. of Maryland v. Sheet Metal Workers' International Association Local Union No. 20, Sheet Metal Workers Local No. 20 Welfare and Benefit Fund, et al. (NFP)
Civil plenary. Affirms summary judgment in favor of the Sheet Metal Workers’ International Association Local Union No. 20, et al. Concludes the union may properly make claims for payment of unpaid fringe benefit contributions and remitted wages for dues under the public works payment bond.
Dennis J. Turner v. State of Indiana (NFP)
Post conviction. Affirms denial of Turner’s petition for post-conviction relief.
In the Matter of the Termination of the Parent-Child Relationship of: K.S. & A.S. (minor children); K.D. (Mother) v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms involuntary termination of K.J.D.’s (mother) parental rights to her children, K.S. and A.S.
Gregory K. Cox v. State of Indiana (NFP)
Post conviction. Affirms denial of Cox’s petition for post-conviction relief from his convictions following a plea of guilty to two counts of attempted murder, each as a Class A felony.
Indiana Office of Utility Consumer Counselor v. Indiana Michigan Power Company and Steel Dynamics, Inc. (NFP)
Civil. Affirms Indiana Utility Regulatory Commission’s granting of the electric rate increase requested by Indiana Michigan Power.
Laurence F. Myers, Jr. v. State of Indiana (NFP)
Criminal. Affirms 42-year sentence imposed after Myers’s pleaded guilty to burglary as a Class B felony and being a habitual offender, and auto theft as a Class C felony.
The Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.