Opinions May 18, 2018

May 18, 2018

The following opinions were posted after IL deadline on Thursday:
7th Circuit Court of Appeals
Frederick A. Laux v. Dushan Zatecky

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the denial of Frederick A. Laux’s petition for writ of habeas corpus. Finds the state courts’ conclusion that Laux received effective assistance of counsel was not unreasonable.

Indiana Supreme Court
A.A. v. Eskenazi Health/Midtown CMHC

Mental health. Reverses A.A.’s involuntary commitment. Finds a mentally competent civil commitment respondent may relinquish the right to appear at a hearing with a knowing, voluntary and intelligent waiver, but attorneys may not waive the right to appear on their clients’ behalf. Also finds that trial courts must waive a respondent’s presence at a commitment hearing at the outset of the proceeding. Finally, finds an improper waiver determination is subject to harmless-error review. Remands for the Marion Superior Court to vacate A.A.’s regular involuntary commitment order.

Friday’s opinions
Indiana Court of Appeals
Calvin B. Yates v. Rebecca Hites

Criminal. Reverses the judgment in favor of Rebecca Hites in Calvin B. Yates’ civil lawsuit for personal injuries arising out of a motor vehicle accident. Finds the LaGrange Superior Court erred in giving an instruction on sudden emergency. Remands for a new trial.

Anthony Wayne Reed v. Leann White and Darrin Chaney
Miscellaneous. Reverses the dismissal of Anthony Wayne Reed’s complaint against Leann White and Darrin Chaney. Finds Reed’s complaint is sufficient under Indiana Code section 34-13-3-5(c) to require White and Chaney to respond. Remands for further proceedings.

Mark Rhodes v. State of Indiana (mem. dec.)
Criminal. Affirms Mark Rhodes’ conviction of operating a vehicle with an alcohol concentration equivalent to at least 0.08 gram of alcohol as a Class C misdemeanor. Finds Rhodes failed to preserve the issue of an abuse of discretion in the admission of evidence.
Faderick D. Riley v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Faderick D. Riley’s placement in a work-release program. Finds the state presented sufficient evidence to support the revocation.
Susanna Conlin v. State of Indiana (mem. dec.)
Criminal. Affirms Susanna Conlin’s conviction of operating a vehicle while intoxicated endangering a person as a Class A misdemeanor. Reverses Conlin’s conviction of operating a vehicle with a blood alcohol content of at least 0.08 percent but less than 0.15 percent as a Class C misdemeanor. Finds Conlin’s Class C misdemeanor conviction is factually a lesser-included offense of her Class A misdemeanor conviction. Also finds the Marion Superior Court did not misapply a statutory presumption under Indiana Code section 9-30-6-15(b). Finally, finds the trial court did not err in admitting a statement Conlin made prior to receiving a Miranda warning or in admitting statements made by her passenger under the excited utterance hearsay exception. Remands with instructions to vacate Conlin’s Class C conviction.

Kathleen Sprehe v. CVP Holding Corp. (mem. dec.)
Civil tort. Reverses summary judgment in favor of The Center for Visual and Performing Arts on Kathleen Sprehe’s premises liability lawsuit. Finds there is a genuine issue of material fact as to whether CVPA knew or should have known about a lump in the carpet where Sprehe fell. Remands.