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Opinions March 31, 2016

March 31, 2016

Indiana Court of Appeals
Noe Escamilla v. Shiel Sexton Company, Inc.
54A01-1506-CT-602
Civil tort. Affirms denial of Noe Escamilla’s motion in limine, ruling that evidence of his immigration status would be admissible and his expert testimony based on future lost wages based on what he could have made in the U.S. would not be admissible. Affirms grant of Shiel Sexton’s motion to exclude Escamilla’s experts. Remands for further proceedings. Judge John Baker dissents.

Robert Prescott Ford v. Dr. Shad Jawaid, M.D. and Floyd Memorial Hospital & Health Services
22A04-1506-CT-575
Civil tort. Affirms summary judgment for the hospital on Ford’s negligence claim and dismissal of evidence claims, but remands Ford’s vicarious liability claim to the trial court after it found Ford was not properly notified the doctor treating him was an independent contractor.

Jack L. Fisher v. State of Indiana
20A03-1509-CR-1373
Criminal. Affirms ruling that Jack Fisher should have to pay restitution after a state police clandestine lab had to clean up his meth lab. The trial court was statutorily required to order restitution in the case.

Robert M. Nolan v. State of Indiana (mem. dec.)
22A01-1503-CR-120
Criminal. Affirms denial of Robert Nolan’s petition for modification of his sentence following convictions for rape, a Class B felony; child molesting, a Class C felony; and two counts of child seduction, Class D felonies.

Joshua Hopper v. State of Indiana (mem. dec.)
37A03-1509-CR-1452
Criminal. Reverses and remands Joshua Hopper’s petition for jail time credit. He did not waive his claim for jail time credit.

In the Matter of: D.S. and N.H. (Minor Children) Children in Need of Services and A.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
49A05-1507-JC-950
Juvenile. Affirms adjudication of two children as children in need of services.

State of Indiana v. David Brown (mem. dec.)
49A05-1506-CR-752
Criminal. Dismisses and remands state’s appeal of trial court’s ruling that sustained Brown’s objection to state evidence. Because the case is still pending in trial court, the state has no statutory authority to appeal.

D.M. v. H.H. (mem. dec.)
81A01-1507-PO-922
Protective order. Affirms trial court’s grant of a protection order.

In the Matter of: Mi.H. and Ma.H. (Minor Children), Children in Need of Services and M.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A05-1509-JC-1280
Juvenile. Affirms that father’s two children are children in need of services.

In the Term. of the Parent-Child Relationship of: G.B. (Minor Child), S.K. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
79A05-1509-JT-1534
Juvenile. Affirms termination of mother’s parental rights.

Roger Lee Kilburn v. Deirdre V. Kilburn (mem. dec.)
29A04-1502-DR-77
Domestic relations. Affirms trial court’s order awarding rehabilitative maintenance and the marital residence to wife in dissolution of marriage.
 
Gregory A. Taylor, Jr. v. State of Indiana (mem. dec.)
20A05-1507-CR-1050
Criminal. Affirms Gregory Taylor’s conviction for criminal confinement, a Class B felony.

Jerimia Heffner v. State of Indiana (mem. dec.)
02A05-1510-CR-1806
Criminal. Affirms Jerimia Heffner’s sentence after he pleaded guilty to three counts of Level 6 felony invasion of privacy.

Muncie Indiana Properties LLC v. Quality Construction Pro LLC (mem. dec.)
18A02-1510-MI-1626
Miscellaneous. Dismisses Muncie Indiana Properties’ appeal of partial summary judgment to Quality Construction Pro LLC for lack of subject matter jurisdiction.
 
Jeffrey Winfrey v. State of Indiana (mem. dec.)
49A04-1506-CR-656
Criminal. Affirms sentence following guilty plea to Class D felonies resisting law enforcement and operating a vehicle while intoxicated with a previous conviction, and a habitual substance offender enhancement.

Terrance Smoots, Jr. v. State of Indiana (mem. dec.)
48A02-1506-CR-746
Criminal. Affirms revocation of Terrance Smoot Jr.’s probation.

 

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