Opinions Dec. 14, 2015

December 14, 2015
KEYWORDS Opinions / neglect

Indiana Court of Appeals
F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers
Civil tort. Reverses trial court orders granting Angela Martin’s motion to strike and motion for summary judgment. The question of whether Martin is liable under the Dram Shop Act for furnishing alcohol to an intoxicated person, who later died after attending a party at the house she shared with Brian Paul Brothers, is a factual issue to be resolved at trial. Finds Martin as the host of a party had a duty to exercise reasonable care and render aid after she saw Paul Michalik unconscious after drinking and being involved in a fight, and questions of fact remain as to whether she breached that duty.

Juan Carlos Brown v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Brown's motion to withdraw guilty plea to two Class B felony counts of dealing a narcotic drug and one Class B felony count of dealing a Schedule I controlled substance.

Rodger L. Blackburn v. State of Indiana (mem. dec.)
Criminal. Affirms Blackburn's conviction of Class A misdemeanor criminal trespass.

Charles Edward Henry v. State of Indiana (mem. dec.)
Criminal. Affirms Henry's convictions of murder and Class D felony stalking.

Thaddeus L. Rodriguez v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of post-conviction relief.

In the Matter of the Involuntary Term. of Parent-Child Relationship of T.M. and A.C., Minor Children and their Father, J.C. v. Marion Co. Dept. of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Christopher Smith v. State of Indiana (mem. dec.)
Criminal. Affirms Smith's conviction of Class A misdemeanor battery resulting in bodily injury.