Opinions March 30, 2015

March 30, 2015

Indiana Court of Appeals
In re: Indiana State Fair Litigation: Polet, et al. v. Mid-America Sound, et. al.
Civil tort. Majority reverses trial court order granting summary judgment in favor of the Indiana State Fair Commission on Mid-America Sound’s claim that its contract requires the commission to indemnify it against claims from the 2011 State Fair stage collapse that killed and injured patrons. The majority held the Indiana Tort Claims Act does not apply and there are genuine issues of material fact regarding the validity and enforceability of the indemnification agreement. Remands for trial. Chief Judge Nancy Vaidik dissented and would find the commission has immunity from Mid-America’s claims and that the Tort Claims Act applies.

Paul D. Mobley v. State of Indiana
Criminal. Affirms conviction for Class A misdemeanor patronizing a prostitute. Facts of this case are very similar to Griesemer v. State, -- N.E.3d, -- 2015 WL 970660 (Ind. 2015), where a split Court of Appeals ruled the undercover detective’s behavior had induced the defendant’s criminal act. However, referring to the Indiana Supreme Court’s subsequent affirmation of Griesemer’s conviction, the Court of Appeals concluded Mobley’s entrapment defense fails because the state proved beyond a reasonable doubt that the police did not induce him.

S.B. v. C.B. (mem. dec.)
Domestic relation. Affirms trial court order granting father C.B. custody of children.

Nathan Ferguson and Deanna Ferguson v. Shiel Sexton Company, Inc. d/b/a Shiel Sexton; WR Dunkin & Son Inc.: Lynch Harrison & Brumleve, Inc.; Alt & Witzig Engineering et al (mem. dec.)
Civil tort. Majority of COA reverses summary judgment in favor of W.R. Dunkin & Sons and remands for proceedings. Judge Ezra Friedlander dissents.

Leroy D. Brown v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation.

David R. Ulrich and Marcia K. Ulrich v. Brad R. Minear and Miranda G. Minear (mem. dec.)
Civil plenary. Affirms denial of the Ulrichs’ complaint for injunctive relief.

In the Matter of D.P. & C.H., Children Alleged to be Children in Need of Services, T.P. Mother v. The Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms order determining that D.P. and C.H. are children in need of services.

Eric D. Smith v. The Marion County Prosecutor's Office, Terry R. Curry, John G. Baker, Margrett Robb, Justice May, Justice Mathias, Justice Sullivan, Sr., and The Indiana General Assembly (mem. dec.)

Miscellaneous. Affirms dismissal.

Louis Ridgeway v. Richard Jacobs (mem. dec.)
Small claims. Reverses $4,500 judgment in favor of Jacobs.

Taylor Baughn v. State of Indiana (mem. dec.)
Criminal. Affirms executed 13-year sentence for conviction of Class B felony aggravate battery.

Darrell Dewayne Carter v. State of Indiana (mem. dec.)
Criminal. Affirms in part, reverses in part and remands Carter’s 89-year executed sentence on convictions of Class A felony burglary, Class C felony disarming a law enforcement officer, Class A misdemeanor resisting law enforcement and finding of habitual offender. Remands to reduce sentence to 65 years executed, finding the nature of the offenses and Carter’s character do not warrant the maximum sentence.   

In Re: The Guardianship of A.M. v. Shapree Bailey v. Blanche Meriweather and Douglas Meriweather (mem. dec.)
Guardianship. Affirms the Meriweathers’ petition as grandparents to be appointed A.M.’s permanent guardians.

James D. Huffman v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion to produce documents.

Antonio D. Walker v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of murder.

In the matter of the Donald L. Colbert Living Trust dated 5-27-2008 created by Settlor, Donald L. Colbert, Barbro Colbert v. Katherine Colbert Kraek (mem. dec.)
Trust. Affirms order providing for the interpretation of a living trust.