Opinions Oct. 26, 2015

October 26, 2015

Indiana Court of Appeals
Robbie Lomax v. Jennie L. Michael

Civil tort. Reverses final judgment against Lomax in his wrongful death action against Michael, in which the trial court granted partial summary judgment in Michael’s favor based on its conclusion that Lomax does not qualify as a dependent next of kin as required by the General Wrongful Death Statute. A question of fact exists as to whether Lomax is a dependent next of kin to Edward Lomax. Remands for further proceedings.

Adam Gaff v. Indiana-Purdue University of Fort Wayne
Civil plenary. Affirms summary judgment in favor of the university on Gaff’s suit alleging discrimination after he was fired from his job as a lead custodian. The trial court did not err when it concluded his federal constitutional claims were not permissible under 42 U.S.C. Section 1983, that his state constitutional claims failed as a matter of law, and when the court granted the school’s motion for summary judgment on Gaff’s Title VII retaliation claim.

Roy Huddleston v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Greg Rink v. Emily Rink (mem. dec.)
Domestic relation. Affirms final order following divorce, holding the trial court did not err when it did not grant Greg Rink a $150,000 offset related to the use of funds for a down payment on the marital residence. The trial court also did not abuse its discretion when it assessed the value of a business interest at $200,000. Judge Baker concurs in result in part with separate opinion.

Curtis Daugherty v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony receiving stolen property.

Sammie L. Binion v. State of Indiana (mem. dec.)
Criminal. Affirms sentence following convictions of Level 6 felonies resisting law enforcement and theft, finding the sentence is appropriate given the nature of the offenses and Binion’s character.

Terry Moore v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief in which Moore argued he was denied effective assistance of appellate counsel.