Opinions July 13, 2016

July 13, 2016
KEYWORDS Opinions / neglect

Indiana Court of Appeals
Noe Escamilla v. Shiel Sexton Company, Inc. (dissent on rehearing)
Civil tort. Denies Escamilla’s petition for rehearing. Judge Baker dissents with opinion, writing that knowledge of a party’s immigration status alone sheds no meaningful light on the question of whether that party will one day face deportation.

Sony DADC US Inc. and Bradley J. Brown v. Mark Thompson
Civil tort. Reverses order in which the trial court found as a matter of law that Brown was within the scope of his employment when his car struck Thompson on Sony property. Brown worked for Sony and had checked out at the time of the accident. There are issues of material fact as to whether Brown’s action of driving to deposit personal items in the company’s recycle bins, which was encouraged by the company, was an action within the scope of his employment. Remands for a new trial, where the issue of vicarious liability is presented to the jury.  

Jason L. Forshee v. State of Indiana
Criminal. Affirms sentence of four years in prison, with six months suspended, following Forshee’s guilty plea to Class C felony dangerous control of a child. His plea agreement did not contain any language preventing the trial court from considering the facts and circumstances relating to a dismissed charge.

City of Indianapolis v. Bradford Bentley
Miscellaneous. Affirms the trial court’s decision to strike all of the untimely filed documents by the city of Indianapolis and ruling reinstating the police officer to the rank of sergeant and provision of back pay. The plain language of the ordinance in question requires that the city file the transcript of the merit board hearing within 30 days of receipt of the summons. To remand would give the city a chance of a second bite of the apple. Judge May concurs in result with opinion.

Jack A. Enslen v. Area Plan Commission of Grant County Indiana
Local ordinance violation. Affirms order directing Enslen to raze a home that has been deemed uninhabitable within 30 days. The Area Plan Commission sufficiently established that the home qualifies as an unsafe building under I.C. 36-7-9-7(a)(6).

James Long v. Gordon Homes, Jr. (mem. dec.)
Civil tort. Affirms verdict in favor of Homes on Long’s negligence claim.

Paul S. Freeman v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation.

Kelvin Ezell v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Krysti I. LaVanway v. State of Indiana (mem. dec.)
Criminal. Affirms 35-year sentence following guilty plea to Level 1 felony neglect of a dependent resulting in death.

Amanda N. Gonzales v. State of Indiana (mem. dec.)
Criminal. Affirms conviction and sentence for murder but vacates Gonzales’ conviction and sentence for conspiracy to commit murder due to double jeopardy violations.

Lamont Escoe v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class A misdemeanors battery and resisting law enforcement.

Marcus T. Conner v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of three counts of Class A felony dealing in cocaine, and Class D felony maintaining a common nuisance.

Gerald L. Doll v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion for writ of habeas corpus motion.

Jose L. De La Garza v. M.C. (mem. dec.)
Protective order. Affirms protective order preventing De La Garza from having any contact with his ex-wife or their minor children.

Kore Buchanan v. State of Indiana (mem. dec.)
Criminal. Affirms 60-year sentence, with two years suspended to probation, for felony murder.

Star Property Solutions, LLC and Indy Drains, LLC v. Pine Financial, LLC, and T. Tad Bohlsen (mem. dec.)
Civil collection. Affirms determination that the landlords and tenants are each liable for damages. Reverses the damages award, finding they are not supported by the evidence. Remands for further proceedings.