Opinions Nov. 18, 2016

November 18, 2016

Indiana Court of Appeals
Jane E. Wilson, M.D., and IU Medical Group v. Tyler Lawless b/n/f Mindy R. Lawless
Civil tort. Affirms the Marion Superior Court’s judgment in favor of Tyler Lawless on a complaint for damages filed by Tyler’s mother, Mindy Lawless, as Tyler’s next friend. Finds that Mindy Lawless’ failure to immediately bring Tyler to see a doctor after he developed flank pain did not constitute an intervening cause of Tyler’s injury.

Charles Dunson v. State of Indiana
Criminal. Affirms Charles Dunson’s conviction of Level 5 felony carrying a handgun without a license. Finds that the collective information known to the law enforcement organization was sufficient to provide reasonable suspicion that Dunson had been involved in criminal activity and that the Marion Superior Court did not abuse its discretion by admitting the evidence gathered as a result of the investigatory stop.

K.C. and K.C. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of K.C. and K.C.’s parental rights to J.C. Finds that the Department of Child Services’ plan of adoption was satisfactory for the purposes of the termination statute.

Timothy J. Hughes v. State of Indiana (mem. dec.)
Criminal. Affirms Timothy J. Hughes’ sentence of an aggregate 9 ½ years executed after he drove a vehicle while intoxicated, struck two bicyclists and killed one of them. Finds that the sentence is not inappropriate in light of the nature of his offenses and his character.

William Thatcher and Angela Thatcher v. City of Marion (mem. dec.)
Civil collection. Affirms the Grant Superior Court’s grant of summary judgment in favor of the city of Marion in William and Angela Thatcher’s negligence action. Finds that there is not designated evidence that the city had notice of the pothole in the alley where William Thatcher was injured.

Jeffrey Murto v. State of Indiana (mem. dec.)
Criminal. Affirms Jeffrey Murto’s conviction of Class A misdemeanor trespass after he refused to leave the Irvington Public Library after being instructed to do so by a library employee. Finds that the evidence is sufficient to prove that Murto knowingly or intentionally refused to leave the library.

David John Macintosh, Jr. v. Pamela Jo Macintosh (mem. dec.)
Domestic relations. Reverses the dissolution court’s final decree ending the marriage of David MacIntosh Jr. and Pamela Jo MacIntosh. Remands with instructions to the dissolution court to include wife’s inheritance in the marital pot, assess the value of the marital residence at $275,000, then divide the marital property under the presumption that an equal division is just and reasonable. Judge John Baker concurs with separate opinion.