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Opinions Sept. 26, 2014

September 26, 2014

Indiana Court of Appeals
Shacare Terry v. Community Health Network, Inc.
49A04-1312-PL-630
Civil plenary.  Affirms dismissal of Terry’s claim of breach of duty against Community Hospital, but reverses dismissal of intentional infliction of emotional distress claim. The breach of duty claim is, in substance, a medical malpractice claim, so the court did not have jurisdiction because it had not been submitted to the medical review panel yet. The trial court had subject matter over Terry’s emotional distress claim.

City of Plymouth Street Department v. Indiana Utility Regulatory Commission
93A02-1403-EX-162
Agency action. Affirms denial of Plymouth’s motion to dismiss an administrative action against the city stemming from damage it caused to an underground natural gas pipeline. Rejects the city’s claim that the commission failed to satisfy the statutory and administrative requirements concerning notice of the violation and recommended penalties.

In the Matter of the Adoption and Paternity of K.G.B., E.S. v. T.B. and K.B.
12A02-1404-AD-255
Adoption.  Affirms adoption of child by T.B. The putative father was not entitled to notice of the adoption proceedings because he failed to timely register with the Indiana Putative Father Registry and his failure to do so amounted to an irrevocably implied consent to the child’s adoption. Because he impliedly consented to the adoption, he is also barred from establishing paternity of the child. Also denies appellees’ request for appellate attorney fees. Remands for any necessary proceedings relating to the adoption.

Ronald D. Lunsford v. State of Indiana (NFP)
20A03-1309-PC-390
Post conviction. Affirms denial of petition for post-conviction relief.

Donald G. Perkins v. State of Indiana (NFP)
03A01-1401-PC-9
Post conviction. Affirms denial of petition for post-conviction relief.

Linus Johnson v. State of Indiana (NFP)
71A03-1405-CR-155
Criminal.  Affirms conviction and 30-month sentence in the Department of Correction for Class D felony theft.

Samuel Morris v. State of Indiana (NFP)
49A04-1403-CR-100
Criminal. Affirms conviction of Class D felony strangulation.

Tasha Jones v. State of Indiana (NFP)
49A04-1401-CR-1
Criminal. Affirms conviction of Class A misdemeanor conversion.

Michael Antipin v. State of Indiana (NFP)
31A05-1311-PC-536
Post conviction. Affirms denial of petition for post-conviction relief.

Cardell Parham v. State of Indiana (NFP)
02A03-1403-CR-74
Criminal. Affirms three-year sentence following guilty plea to Class D felony domestic battery.

Nicholas Houston v. State of Indiana (NFP)
49A02-1402-CR-102
Criminal.  Affirms convictions of Class A felony criminal deviate conduct, Class B felony criminal deviate conduct, three counts of Class C felony criminal confinement, and Class A misdemeanor battery by bodily waste.
 

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