Opinions Sept. 11, 2015

September 11, 2015

Indiana Court of Appeals
Robert Blackford v. Boone County Area Plan Commission and Boone County Drainage Board
Miscellaneous. Affirms denial of Blackford’s oral request for a continuance made on the day of trial. Finds Blackford did not articulate any good cause for a continuance or show that he would be prejudiced.

Sheila Sasso and Mary Sasso v. State Farm Mutual Automobile Insurance Company
Civil plenary. Affirms summary judgment for State Farm Mutual Automobile Insurance Co. Finds Mary Sasso is not liable for Sheila Sasso’s injuries. Rules Indiana’s guest statute does not violate either the U.S. Constitution or the Indiana Constitution.

Gregory Reef v. Asset Acceptance, LLC
Civil collections. Reverses summary judgment in favor of Asset Acceptance LLC. Finds the documents Asset Acceptance presented to prove it owned Reef’s credit card debt were not properly authenticated.  

Kelli Sprunger v. John A. Egli, M.D.
Civil tort. Affirms summary judgment in favor of Egli. Rules Sprunger’s medical malpractice complaint is essentially alleging a failure to report child abuse. The state statute imposes a duty to report child abuse but explicitly does not provide a private right of action to enforce the statute’s provisions. Concludes Egli’s alleged failure to report the abuse is inseparable from his alleged failure to diagnose it.

R.B. v. State of Indiana
Juvenile. Affirms adjudication as a delinquent for a dangerous possession of a firearm, as a Class A misdemeanor when committed by an adult. In this case of first impression, holds it is reasonable under the Fourth Amendment for a police officer to rely on the voluntary consent of a minor’s parent to search the minor’s bedroom inside the parent’s home.

Jordan Gray v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of murder, a felony, and attempted murder, a Class A felony.