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Opinions Feb. 16, 2017

February 16, 2017

Indiana Supreme Court
Tresa Megenity v. David Dunn
22S04-1609-CT-465.
Civil tort. Affirms summary judgment in for David Dunn in a case arising from an injury to Tresa Megenity during a karate class. Extending and clarifying Pfenning v. Lineman, 947 N.E.2d 392 (Ind. 2011), holds that when a sports participant injures someone while engaging in conduct ordinary in the sport, and without intent or recklessness, the participant does not breach a duty.

Indiana Tax Court
The University of Phoenix, Inc. v. Indiana Department of State Revenue
49T10-1411-TA-65
Tax. Awards the University of Phoenix Inc. a reimbursement for its expenses in the amount of $9,850.50 for successfully resisting the Indiana Department of State Revenue’s second motion for protective order. Also awards the department $12,900 to reimburse its expenses for successfully resisting the university’s motion to compel.

Indiana Court of Appeals
Christopher A. Neeley v. State of Indiana
20A03-1511-CR-1909
Criminal. Reverses Christopher A. Neeley’s convictions of intimidation as a Level 6 felony and resisting law enforcement as a Class A misdemeanor. Finds the Elkhart Superior Court abused its discretion in admitting officer testimony.

Town of Knightstown v. Dudley Wainscott
33A04-1604-PL-771
Civil plenary. Affirms and reverses in part the Henry Circuit Court’s partial denial of the town of Knightstown’s motion for summary judgment regarding a claim by Dudley Wainscott. Finds that Wainscott substantially complied with the Indiana Tort Claims Act notice requirements, and the trial court erred when it granted the town’s motion for summary judgment on Wainscott’s negligence and equity claims. Also finds that the trial court properly denied summary judgment on Wainscott’s nuisance claim, but it erred when it denied summary judgment on Wainscott’s breach of contract claim. Remands for further proceedings.

Mark A. Tyson v. State of Indiana (mem. dec.)
49A02-1603-CR-472
Criminal. Affirms Mark Tyson’s convictions for murder and Class C felony robbery. Finds that no fundamental error occurred in the admission of the identifications of Tyson. Also finds that the evidence is sufficient to sustain Tyson’s convictions.

T.C. v. State of Indiana (mem. dec.)
32A01-1606-JV-1318
Juvenile. Affirms the Hendricks Superior Court’s adjudication of T.C. as a delinquent for sexual battery, a Level 6 felony if committed by an adult, finding sufficient evidence.  

Ashley Brown v. Indiana Family and Social Services Administration (mem. dec.)
82A05-1603-PL-688
Civil plenary. Vacates the Vanderburgh Superior Court’s denial of Ashley Brown’s petition for judicial review in which the trial court sustained the determination of the administrative law judge that Brown’s request for prior authorization of Medicaid coverage for genetic testing was properly denied. Finds the ALJ erred in its application of Indiana Medicaid law. Remands with instructions to the trial court to remand the case to FSSA for a hearing.

Diego Armando Pacheco Manzo v. State of Indiana (mem. dec.)
79A02-1607-CR-1703
Criminal. Affirms Diego Armando Pacheco Manzo’s 25-year sentence following his guilty plea to Class A felony dealing in cocaine. Denies the state’s request for dismissal. Finds the Tippecanoe Circuit Court did not abuse its discretion in granting Pacheco permission to file a belated notice of appeal. Also finds Pacheco has not met his burden to show that his sentence is inappropriate.

In the Matter of the Termination of the Parent-Child Relationship of A.E.S.H., P.M.H. & J.G.A.H., Minor Children, K.M.H., Mother v. The Indiana Department of Child Services (mem. dec .)
40A01-1608-JT-1998
Juvenile termination of parental rights. Affirms the involuntary termination of K.M.H.’s parental rights to her children, A.E.S.H., P.M.H. and J.G.A.H. Finds the Jennings Circuit Court did not abuse its discretion in denying K.M.H.’s motion for a continuance.

Matter of J.S., a Child Alleged to be Delinquent v. State of Indiana (mem. dec.)
32A01-1606-JV-1480
Juvenile. Affirms the juvenile court’s order waiving J.S.’s case to a court with jurisdiction of the charges if committed by an adult. Finds the Hendricks Superior Court did not abuse its discretion when it waived jurisdiction. Also finds there is sufficient evidence for the trial court to find that J.S. is beyond rehabilitation under the juvenile justice system and that it is in the best interests of the safety and welfare of the community that J.S. stand trial as an adult.

In the Matter of the Termination of the Parent-Child Relationship of P.Y. and J.Y. (Minor Children), and R.Y. (Mother) v. The Indiana Department of Child Services (mem. dec.)
49A02-1609-JT-2033
Juvenile termination of parental rights. Affirms the Marion Superior Court’s order involuntarily terminating R.Y.’s parental rights to her minor children, P.Y. and J.Y. Finds the Department of Child Services presented clear and convincing evidence that there is a reasonable probability that the conditions that led to the children’s removal and continued placement outside the home will not be remedied and that the termination of R.Y.’s parental rights is in the best interests of the children.

Theron Hunter v. State of Indiana (mem. dec.)
69A04-1608-CR-1792
Criminal. Affirms Theron Hunter’s sentence to six years executed after his guilty plea to Level 5 felony failing to register as a sex offender with a prior conviction. Finds Hunter’s sentence is not inappropriate in light of the nature of his offense and character.

J.R. v. State of Indiana (mem. dec.)
49A05-1608-JV-1858
Juvenile. Affirms J.R.’s true finding for conduct that would constitute Class A misdemeanor resisting law enforcement if committed by an adult. Finds the evidence most favorable to the delinquency adjudication supports a reasonable inference that J.R. knowingly and forcibly resisted, obstructed or interfered with the law enforcement officers in the lawful execution of their duties.

Dennis Price v. State of Indiana (mem. dec.)
49A05-1604-CR-910
Criminal. Affirms Dennis Price’s 83-year sentence. Finds that Price’s conviction for Level 1 felony neglect of a dependent resulting in death must be reduced and entered as Level 6 felony neglect of a dependent. Also finds that Price has failed to meet his burden of demonstrating that his sentence is inappropriate in light of the nature of the offenses and his character. Remands.
 

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