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Opinions April 13, 2017

April 13, 2017

Indiana Court of Appeals
Wyatt Severance v. New Castle Community School Corporation a/k/a New Castle Career Center, and Turner Melton
33A01-1609-CT-2088
Civil tort. Reverses the Henry Circuit Court’s grant of New Castle Community School Corp.’s motion to strike Wyatt Severance’s expert affidavit and the grant of summary judgment to the school. The trial court erred in granting the school’s motion to strike. Finds there are genuine issues of material fact as to whether the school breached its duty and whether Severance was contributorily negligent precluding summary judgment. Remands for further proceedings.

S.M. v. State of Indiana
49A04-1609-JV-2035
Juvenile. Affirms the Marion Superior Court’s true finding that S.M. committed what would be Level 6 felony theft and Class A misdemeanor criminal trespass if done by an adult. Holds the true finding was support by sufficient evidence.

Charles Cannon v. Kristy A. Caldwell
89A01-1607-DR-1643
Domestic relation. Reverses the modification of Charles Cannon’s child support. Finds the modification order is in clear violation of the Indiana Child Support Guidelines and the manifest injustice constitutes an extraordinarily compelling reason to restore Cannon’s right to appeal, despite his untimely notice of appeal. Remands for the reversal of the child support modification order.

Mauricio D. Sharp v. State of Indiana (mem. dec.)
05A05-1610-CR-2284
Criminal. Affirms Mauricio D. Sharp’s conviction of Level 6 felony resisting law enforcement. Finds the admission of an out-of-court statement was, at most, harmless error.

 

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