Opinions April 5, 2021

Indiana Court of Appeals
Dawn Riddle and Matthew Riddle v. Syed J. Khan, Chaitanya Chekkilla, and Christopher H. Scruton
Civil plenary. Affirms the grant of summary judgment to Dr. Syed J. Khan, Dr. Chaitanya Chekkilla and Christopher J. Scruton on the claim brought by Dawn and Matthew Riddle under 42 U.S.C. § 1983 for allegedly treating the Riddles’ children without permission. Finds undisputed evidence from which the Tipton Circuit Court could have determined the Riddles were aware of Khan’s alleged violations, which fell outside the statute of limitations period, and Khan’s actions were not part of a continuing wrong that extended the statute of limitations period as to him. Also finds Scruton was not entitled to summary judgment on the statute of limitations period, but because there was no material evidence showing he joined or conspired with the Indiana Department of Child Services to deprive the Riddles of their constitutional rights and no dispute of material fact that he actually deprived them of a constitutionally protected right, he was entitled to summary judgment on those grounds. Finally, finds the Riddles have not presented or designated evidence to establish that Chekkilla was a state employee or that she conspired or joined with any state officials to deprive the Riddles of their constitutional rights of any kind.

Steven Kirschbaum v. State of Indiana (mem. dec.)
Criminal. Affirms Steven Kirschbaum’s attempted murder conviction. Finds the state produced sufficient evidence to support his conviction in Jackson Circuit Court.

Jennifer A. Rovy v. State of Indiana (mem. dec.)
Criminal. Dismisses Jennifer Rovy’s appeal of her four-year sentence for her conviction in Newton Superior Court of Level 5 felony intimidation. Finds Rovy did not timely file her notice of appeal.

Robert Reece III v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Robert Reece III’s probation and the order for him to serve his 2½-year suspended sentence in the Department of Correction. Finds the Posey Circuit Court’s decision not to hold an evidentiary hearing before revoking Reece’s probation did not violate due process. Also finds the trial court did not abuse its discretion in denying Reece’s motion to correct error or in ordering him to serve the entirety of his suspended sentence in the DOC.

Michael M. Williams v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Michael Williams’ pro se motion for earned credit time allowance. Finds the Allen Superior Court properly denied the credit time motion because Williams is not entitled to another 391 days of earned credit time

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