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Opinions Oct. 21, 2016

October 21, 2016

Indiana Supreme Court
Mary K. Patchett v. Ashley N. Lee
29S04-1610-CT-549
Civil tort. Finds on interlocutory appeal that the ruling in Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009), permitting defendants in a personal injury lawsuit to introduce discounted reimbursements negotiated between the plaintiff’s medical providers and his private health insurer, so long as insurance is not referenced, also applies to reimbursements by government payers. The reduced amount is a probative, relevant measure of the reasonable value of the plaintiff’s medical care that the factfinder should consider. Justice Robert Rucker writes separately in a concurrence, joined by Justice Steven David, that he continues to believe Stanley was wrongly decided.

Indiana Court of Appeals
Kyle Willhite v. State of Indiana (mem. dec.)
90A02-1603-PC-581
Post conviction. Affirms denial of Kyle Willhite’s petition for post-conviction relief. Finds that the juvenile court did not err in waiving the underlying matter to adult court, that Willhite did not suffer ineffective assistance from both his juvenile and trial counsel and that the post-conviction court did not abuse its discretion in excluding certain evidence.

In re the Termination of the Parent-Child Relatinship of A.C. (Minor Child), and D.C. (Mother) v. The Indiana Department of Child Services (mem. dec..)
49A02-1604-JT-784
Juvenile termination of parental rights. Affirms Marion Superior Court’s order terminating the parental rights of D.C. to her minor child A.C. Finds that the Indiana Department of Child Services proved by clear and convincing evidence that there was a reasonable probability that the conditions which result in A.C’s removal from D.C.’s care would not be remedied and that the continuation of the parent-child relationship posed a threat to A.C.’s well-being.

Sheila Johnson v. State of Indiana (mem. dec.)
49A05-1603-CR-665
Criminal. Affirms Marion Superior Court’s order that Sheila Johnson complete parenting classes as a condition of her probation for misdemeanor battery against her neighbor. Finds that because Johnson encouraged her children to participate in the taunting of the neighbor that she battered, the requirement that she complete parenting classes is reasonably related to her treatment and the protection of public safety.

In the Matter of the Civil Commitment of B.J. v. Eskenazi Hospital/Midtown CMHC (mem. dec.)
49A02-1603-MH-413
Mental health. Reverses Marion Superior Court’s order for B.J.’s involuntary regular civil commitment. Finds that there was not sufficient evidence to support involuntary commitment. Remands for further proceedings.

Jose Gutierrez v. State of Indiana (mem. dec.)
45A05-1512-CR-2372
Criminal. Affirms Jose Gutierrez’s convictions of murder and Class C felony battery. Finds that there is sufficient evidence to prove that Jose Gutierrez intended to commit murder and that he has not established any prejudicial evidentiary error affecting his substantial rights.
 

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