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Opinions July 18, 2018

July 18, 2018
KEYWORDS Opinions

Indiana Court of Appeals
Theresa Biedron, et al. v. Anonymous Physician 1, et al.

45A03-1708-CT-2012
Civil tort. Affirms and reverses in part the grant of summary judgment to the anonymous physicians sued by the estate of Louis Biedron, the denial of summary judgment to the physicians sued by the estates of Dorothy Sullivan and Patricia Poteet, the denial of the Sullivan and Poteet defendants’ motion to strike and the grant of Poteet’s estate’s motion to strike the Poteet defendants’ reply briefs. Finds the Lake Superior Court did not err in granting summary judgment to the Biedron defendants, but did err in denying summary judgment to the Sullivan and Poteet defendants. Also finds the trial court abuse its discretion in denying the Sullivan and Poteet defendants’ motion to strike. Finally, finds the trial court abused its discretion in striking the Poteet defendants’ reply briefs. 

Timothy M. See v. State of Indiana (mem. dec.)
79A05-1712-CR-2930
Criminal. Affirms Timothy See’s conviction for Level 4 felony child molesting. Finds the state presented sufficient evidence. Also finds the Tippecanoe Superior Court did not abuse its discretion in denying See’s motion to sever the charges against him. 

J.B. Hunt Transport, Inc., and Terry L. Brown, Jr. v. The Guardianship of Kristen Zak (mem. dec.) 
45A03-1710-CT-2429
Civil tort. Affirms the Lake Superior Court’s order awarding the Guardianship of Kristen Zak $4,810,000 in prejudgment interest. Finds the trial court did not abuse its discretion.

Michael Burgess v. State of Indiana (mem. dec.)
18A-CR-208
Criminal. Affirms the Henry Circuit Court’s revocation of Michael Burgess’ probation. Finds the trial court did not abuse its discretion.

D.W. v. State of Indiana (mem. dec.)
49A02-1712-JV-2849
Juvenile. Reverses D.W.’s adjudication as a delinquent child for receiving stolen auto parts and theft, both as Level 6 felonies, and Class A misdemeanor criminal trespass, if committed by an adult. Finds the state failed to present sufficient evidence that D.W. knowingly or intentionally interfered with the possession or use of John Schott’s van without Schott’s consent. Remands with instructions to vacate the true findings. Judge John Baker concurs in part and dissents in part with separate opinion.

C.M. v. State of Indiana (mem. dec.)
49A02-1712-JV-2762
Juvenile. Affirms C.M.’s adjudication as a juvenile delinquent for Level 3 felony attempted child molesting, if committed by an adult. Finds C.M.’s due process rights were not violated and the evidence is sufficient to support his adjudication.  

Joshua Travis Hall v. State of Indiana (mem. dec.)
18A-CR-54
Criminal. Affirms Joshua Hall’s aggregate 16-year sentence for convictions of Level 3 felony aggravated battery and Level 5 felony involuntary manslaughter. Finds the Sullivan Superior Court did not abuse its discretion in sentencing Hall. Also finds the sentence is not inappropriate in light of the nature of the offenses and his character. 

Joshua D. Preston v. State of Indiana (mem. dec.) ​​​​​​​
35A04-1711-PC-2727
Post-conviction. Affirms the Huntington Circuit Court’s denial of Joshua Preston’s petition for post-conviction relief. Finds the post-conviction court did not err in denying Preston’s petition. Also findsthe trial court did not err in finding that studies conducted in 2012 did not constitute newly discovered evidence. 

Alex P. Bice v. State of Indiana (mem. dec.) ​​​​​​​
18A-CR-124
Criminal. Affirms the Allen Superior Court’s revocation of Alex Bice’s probation and order for him to serve the remainder of his previously suspended sentence in the Department of Correction. Finds there was sufficient evidence to support the revocation. Also finds the trial court did not abuse its discretion in order Bice to serve the remainder of his sentence. 


 

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