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Opinions April 5, 2016

April 5, 2016

Indiana Supreme Court
Michael Ackerman v State of Indiana
49S00-1409-CR-770
Criminal. Affirms Michael Ackerman’s conviction and sentence for second-degree murder. He was sentenced to life in prison with the possibility of parole. The court found an admission of an autopsy report into evidence does not violate the defendant’s right to confront witnesses against him when the pathologist who performed the autopsy against him was not available to testify.

City of Beech Grove v. Cathy J. Beloat
49S02-1604-CT-165
Civil tort. Affirms denial of the city of Beech Grove’s motion for summary judgment after Cathy Beloat brought a claim against the city for injuries she suffered after she stepped into a hole on Beech Grove city streets. The city claimed it was immune under the Indiana Tort Claims Act, but the Supreme Court said the city did not prove that the challenged act was a policy decision made by consciously balancing risks and benefits, a requirement in the Act.

Indiana Court of Appeals
Pain Medicine and Rehabilitation Center and Anthony Alexander, M.D. v. State of Indiana
36A01-1508-CR-1107
Criminal. Dismisses denial of preliminary injunction against the state filed by Pain Medicine and Rehabilitation Center because the motion in the trial court was not procedurally correct.

Jennings Daugherty v. State of Indiana
89A01-1510-PC-1532
Post conviction. Remands for resentencing Jennings Daugherty’s denial of his post-conviction relief claim after the court found ineffective assistance of appellate counsel when counsel did not raise a statutory limitation issue for consecutive sentences arising out of a single episode of criminal conduct. Affirms Daugherty did not receive ineffective counsel when counsel did not raise a double enhancement issue.

Thomas A. Conway v. State of Indiana (mem. dec.)
92A03-1510-CR-1676
Criminal. Affirms Thomas Conway’s sentence for possession of paraphernalia and possession of a controlled substance, Class A misdemeanors; and possession of a narcotic drug and unlawful possession of a syringe, Level 6 felonies.

Robert Kesterke v. State of Indiana (mem. dec.)
02A04-1510-CR-1830
Criminal. Affirms Robert Kesterke’s convictions for criminal trespass and conversion, both Class A misdemeanors.

Melvin Macon v. State of Indiana (mem. dec.)
45A05-1506-CR-707
Criminal. Affirms Melvin Macon’s sentence after he pleaded guilty to two counts of attempted aggravated battery, Class B felonies.

Samuel Goldsmith v. State of Indiana (mem. dec.)
49A04-1508-CR-1044
Criminal. Affirms Samuel Goldsmith’s sentence after he was convicted of attempted murder, a Level 1 felony.

Tommy Borders v. State of Indiana (mem. dec.)
11A05-1502-PC-68
Post conviction. Affirms the denial of Tommy Borders’ petition for post-conviction relief.

Jordan D. Christie v. Tamara L. Waller (mem. dec.)
14A05-1507-JP-985
Juvenile. Affirms trial court’s order awarding custody of child to mother.

Phillip Gray v. YMCA of Greater Indianapolis, Stacy Meyers, Greg Hiland, Christopher Butler, and Aquatics Coordinator of the Fishers YMCA (mem. dec.)
29A02-1510-CT-1623
Civil tort. Affirms dismissal of most of Phillip Gray’s claims of defamation against the YMCA, but remands for further proceedings comments made by an aquatics coordinator, since they were published and unclear as to whether they were defamatory.
 

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