Opinions March 8, 2019

Keywords Opinions

Indiana Supreme Court
Marcus Zanders v. State of Indiana

Criminal. Affirms Marcus Zanders’ convictions of two counts of robbery with a deadly weapon and two counts of unlawful possession of a firearm by a serious violent felon. Finds that accessing Zanders’ cell-site location information was a Fourth Amendment search under Carpenter v. United States, 585 U.S. —, 138 S. Ct. 2206 (2018), but even if the CSLI evidence should have been excluded, the error was harmless beyond a reasonable doubt.

Indiana Court of Appeals
Michelle Converse v. Elkhart General Hospital, Inc.

Civil tort. Reverses the Elkhart Superior Court’s grant of summary judgment in favor of Elkhart General Hospital, Inc. against Michelle Converse’s claims of negligence. Finds the trial court erred in granting summary judgment in favor of Elkhart General. Remands for further proceedings.

Hal Mullett v. Deborah K. Baker and City of Butler, Indiana
Civil plenary. Affirms the DeKalb Superior Court’s denial of Hal Mullett’s request to disinter a cousin’s ex-wife from a family cemetery plot, finding that he has waived an argument that the deceased’s daughter’s consent was not required to remedy a wrongful burial.

Jacob Todd v. Tonji Coleman and Amos Johnson
Civil tort. Reverses and remands the Cass Circuit Court’s grant of Tonji Coleman’s motion to reconsider a verbal agreement settling her negligence suit against Jacob Todd in the amount of $10,000. Finds Coleman is bound by the original settlement agreement and that the trial court erred in rescinding its original order. Remands for further proceedings.

Ameristar Casino East Chicago, LLC, Ameristar East Chicago Holdings, LLC, and Pinnacle Entertainment, Inc. v. Joseph Ferrantelli, Sr.
Civil tort. Affirms the entry of default judgment against the Ameristar parties in Joseph Ferrantelli Sr.’s negligence lawsuit as a sanction for discovery noncompliance. Remands for proceedings to determine Ferrantelli’s damages.

Dustin Wayne Eldridge v. State of Indiana (mem. dec.)
Criminal. Affirms Dustin Eldridge’s conviction of Level 5 felony dealing methamphetamine and Class A misdemeanor possession of a controlled substance.  Finding insufficient evidence to prove he did, remands Eldridge’s conviction for Level 5 felony maintaining a common nuisance. Remands to the Clinton Superior Court to amend the abstract of judgment accordingly.

Reginald Binion v. State of Indiana (mem. dec.)
Criminal. Reverses the Lake Superior Court’s good time credit determination for Reginald Binion. Finds Lake County Community Corrections lacked authority to deprive Binion of good time credit. Remands with instructions to recalculate Binion’s good time credit to include the 30 days he earned after his sentence was modified to direct placement in the program.

Indiana Tax Court
Nancy A. Daw, Stephen L. Hoback, Co-Trustees of Sagacious Sentinel Sycamore Trust v. Hancock County Assessor, and The Town of McCordsville

Tax. Vacates the Tax Court’s previous ruling Dec. 5, 2018, which remanded the co-trustees’ annexation and storm water claims to the Indiana Board of Tax Review for additional proceedings. Finds in favor of the town of McCordsville, determining the co-trustees’ annexation claim is barred and their storm water claim is untimely. Affirms the court’s original opinion in all other respects.

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