Indiana Court of Appeals
Jacob Herron v. State of Indiana
Criminal. Reverses convictions of Class B felony burglary and Class D felony receiving stolen property. The jury may have relied on the impeachment evidence as substantive evidence in this case. Remands for retrial, if the state chooses. Judge Riley dissents in part, finding enough circumstantial evidence to convict Herron.
Tierra Rae Pierson, a Minor, Deceased, by her next friend and parent, Betina Pierson, and Betina Pierson, Individually, and Ryan Pierson, Individually v. Service America Corporation, et al.
Civil tort. Reverses summary judgment in favor of Centerplate on the Piersons’ negligence claim. Reasonable inferences to be drawn from the designated materials could permit a fact-finder to conclude that a Centerplate designee served Gaff beer while knowing him to be visibly intoxicated. Gaff later drove while intoxicated and struck and killed Tierra Rae Pierson. As Centerplate did not, based upon undisputed facts, negate an element of the negligence claim, summary judgment was improvidently granted.
Wayne Hurd v. State of Indiana
Criminal. Affirms conviction of Class B misdemeanor battery and the decision to exclude Hurd’s mother as a witness. Reverses imposition of a probation condition that Hurd not go within a nearly 2-mile radius of 38th and College in Indianapolis. Remands with instructions to vacate any pending probation violations based upon that condition. The trial court abused its discretion in imposing that condition because it was not reasonably related to his treatment and the protection of the public safety.
Jeremy Lyn Davis v. State of Indiana (NFP)
Criminal. Affirms seven-year sentence for Class C felony battery by means of a deadly weapon.
Brice L. Webb v. State of Indiana (NFP)
Criminal. Affirms murder conviction.
Brandan L. Martin v. State of Indiana (NFP)
Criminal. Affirms four-year sentence for Class D felony possession of marijuana and Class A misdemeanor battery.
Tina Cox v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony possession of methamphetamine.
In the Matter of: J.J., F.J., J.O., & C.O., Minor Children, and M.O., Mother v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms determination that the four children are children in need of services.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.