Opinions June 3, 2015

June 3, 2015

Indiana Supreme Court
Jason and Justina Kramer v. Catholic Charities of the Diocese of Fort Wayne-South Bend, Inc.
Civil tort. Affirms summary judgment for Catholic Charities on the Kramers’ lawsuit alleging negligence after the baby they adopted through the agency was returned to her father eight months later after he contested the adoption. The Kramers failed to demonstrate that Catholic Charities had any duties with respect to the putative father registry in excess of its statutory obligation. Justice Dickson dissents with separate opinion.

Indiana Tax Court
Pinnacle Entertainment, Inc. v. Indiana Department of State Revenue 
Tax. Grants summary judgment in favor of the Department of State Revenue and against Pinnacle on whether an apportioned sum of the gain generated by Pinnacle’s sale of a racetrack and card club is attributable to Indiana under I.C. 6-3-2-2.2. Denies summary judgment to either party on the issue of whether the department correctly classified Pinnacle’s gain as business income. Orders the parties to file a joint case management plan with proposed order within 30 days.

Indiana Court of Appeals
Francis M. Laux v. Pauletta Leann (Laux) Ferry
Domestic relation. Affirms in part, reverses in part and remands. The trial court correctly determined father’s child support obligation and did not err in refusing to impute mother’s husband’s income to her. The trial court erroneously credited mother for child’s health insurance payments given that her husband, the child’s stepfather, makes those payments, and the trial court elected to treat mother and stepfather as separate financial entities.

Brent Simcox v. State of Indiana (mem. dec.)
Criminal. Affirms amount of restitution Simcox must pay after pleading guilty to Class B felony burglary.

Ronald C. Weyland v. State of Indiana (mem. dec.)
Criminal. Affirms convictions for Class A felony attempted child molesting and Class C felony child molesting. Reverses conviction of Class A felony child molesting and remands with instructions to vacate.

Jabari R. Eldridge v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony battery resulting in bodily injury and determination Eldridge is a habitual offender.

Kevin Lavell Curry v. State of Indiana (mem. dec.)
Criminal. Affirms habitual criminal offender enhancement to sentence for convictions of Class C felony corrupt business influence and 15 counts of Class C felony forgery.

In Re The Paternity of K.R.K.; K.O. v. R.H.K. (mem. dec.)
Juvenile. Affirms denial of mother’s petition to relocate.

In Re The Marriage of: Norman S. Carlson v. Jean E. Carlson (mem. dec.)
Domestic relation. Affirms orders father continue to pay post-secondary educational expenses for his children and to pay medical expenses associated with son R.S.C.’s treatments for cancer.

Meghan Hambright v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation and order Hambright serve her two-year sentence in the Department of Correction.

Fred R. Morris, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms six-year sentence for Class C felony carrying a handgun without a license and Class D felony dealing in a synthetic drug or a synthetic drug lookalike substance.

Darrin Purnell v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 5 felony operating a motor vehicle after forfeiture of driving privileges for life.

Gregory J. Mills v. Dean Kimbley (mem. dec.)
Civil plenary. Affirms ruling on second contempt order, ruling in favor of Kimbley and awarding him attorney fees.

David Cruz, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for conviction of Class D felony domestic battery and two convictions of Level 4 felony burglary.

Robert L. Walp v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of three counts of Class A felony attempted murder.