Opinions April 11, 2017

Keywords Opinions

Indiana Court of Appeals
Jalen Lee, A Minor Child, by and through his Next Friend, Crystal Estes and Crystal Estes, Individually v. Bartholomew Consolidated School Corporation, City of Columbus, et al.
Civil tort. Reverses the Bartholomew Circuit Court’s grant of summary judgment in favor of the city of Columbus. Finds the trial court erred in granting summary judgment on the basis of contributory negligence, but that the city is entitled to statutory immunity. However, summary judgment is improper because there are genuine issues of material fact as to whether the city breach its duty of reasonable care and whether such a breach, if any, proximately caused the accident. Remands for further proceedings. Judge Terry Crone dissents with separate opinion.

C.J. v. State of Indiana
Juvenile. Dismisses C.J.’s appeal of the juvenile court’s order modifying a dispositional decree following his adjudication as a delinquent child for battery as a Class A misdemeanor when committed by an adult. Because C.J. has been released from the DOC, the appeal is now moot.

Indiana Bureau of Motor Vehicles, et al. v. Daniel N. Newlin
Miscellaneous. Reverses the Lake Circuit Court’s denial of the Bureau of Motor Vehicles’ motion to correct error after the trial court granted Daniel N. Newlin’s verified petition for specialized driving privileges. The grant of specialized driving privileges to Newlin was contrary to law and not supported by the evidence. Remands with instructions to lift the stay of Newlin’s two-year suspension for his refusal to submit to a chemical test and to revoke his specialized driving privileges.

David Howard v. State of Indiana (mem. dec.)
Criminal. Reverses David Howard’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds it is fundamental error to violate the right to trial by jury. Remands for a new trial on the SVF enhancement related to that charge.

Maria Linstrom v. Golden Living Center – Woodlands (mem. dec.)
Agency. Affirms the Indiana Worker’s Compensation Board’s order concluding Maria Linstrom had failed to meet her burden of proving that her claimed neck/cervical spine injury arose out of or was caused by a November 2011 incident at her job at Golden Living Center – Woodlands. The record is devoid of any indication that the board allowed misconduct during the litigation, erroneously failed to award benefits for Linstrom’s claimed neck/cervical spine injury or erroneously failed to make an appropriate permanent partial impairment assessment.  

Alacia Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Alacia Johnson’s conviction of Class A misdemeanor battery resulting in bodily injury. The evidence presented by the state was sufficient to sustain Johnson’s conviction and to disprove her claim of self-defense.

Dusty R. Owens v. State of Indiana (mem. dec.)
Criminal. Affirms Dusty R. Owens’ 7 ½ year sentence for escape, two counts of battery with moderate bodily injury, and intimidation, all Level 6 felonies. Owens’ sentence is not inappropriate in light of the nature of his offense and his character.

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