Opinions May 6, 2016

May 6, 2016

Indiana Court of Appeals
Barbara Hill, individually and as guardian of Charles Hill, incapacitated, and as next friend of Alexandra Hill, a minor, et al. v. Erich E. Gephart, City of Indianapolis, et al.
Civil tort. Reverses summary judgment in favor of city of Indianapolis defendants on the Hills’ claim of negligence and intentional infliction of emotional distress arising from Erich Gephart driving a jail transport vehicle that struck and injured Charles Hill. Remands for proceedings. The majority found it is up to the jury to determine whether Hill walking on the side of the road with his back to oncoming traffic was reasonable or whether he contributed to his injuries. A material fact exists and the trial court erred in granting summary judgment. Dissenting Judge Elaine Brown would affirm summary judgment for the defendants because Hill walked on the wrong side of the road in violation of I.C. 9-21-17-14, wore dark clothing at night and talked on his cell phone, so no material fact exists as to his contributory negligence.

Demetre Brown v. State of Indiana
Criminal. Affirms in part and reverses in part a 248-year sentence and convictions of four counts of Class A felony rape, two counts of Class A felony attempted criminal deviate conduct, two counts of Class B felony robbery, three counts of Class B felony carjacking, three counts of Class B felony criminal confinement, two counts of Class C felony intimidation, Class B felony aggravated battery, Class A felony robbery, Class C felony battery, and Class A felony burglary. Affirms convictions but finds based on the prohibition of double jeopardy that a Class A felony robbery conviction must be reduced to a Class B felony and its 50-year sentence reduced to 20 years, reducing the total sentence to 218 years. Though a defense attorney’s disclosure of evidence to the state caused the panel “serious concern,” the error was harmless.

Dennis Talboom v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Erika Jagger DeHeer v. Ray's Trash Service, Inc. (mem. dec.)
Civil tort. Affirms summary judgment in favor of Ray's Trash Service on DeHeer’s negligence claim.

In the Matter of the Termination of the Parent-Child Relationship of B.W. (Child) and J.W. (Father); J.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Daniel E. Norris v. The Supervised Estate of Martha A. Norris, Deceased (mem. dec.)
Estate. Affirms trial court determination that the will of Martha Norris is valid and she was not of unsound mind or unduly influenced to revise her will.

Stephen W. Marvel and Debria Marvel v. Jason Althoff, Erin Althoff and Gene O. Dorsey (mem. dec.)
Civil plenary. Affirms motion to dismiss a complaint filed by the Marvels seeking an order to compel partition of real estate.