Opinions Aug. 10, 2020

Indiana Court of Appeals
Shannon Murphy v. Indiana State University and Nick D. Pledger
Civil tort. Affirms the Vigo Superior Court’s entry of summary judgment in favor of Indiana State University related to a former student Shannon Murphy’s lawsuit seeking damages over a campus locker room voyeurism case. Finds that Murphy did not substantially comply with the notice requirements of the Indiana Tort Claims Act and that the trial court properly granted ISU’s motion for summary judgment.

State of Indiana v. Jarrel Luke Ellis
Criminal. Reverses the Marion Superior Court’s grant of Jarrel Ellis’ motion to suppress evidence seized as a result of a compliance check of Ellis’ residence while he was serving a community corrections sentence. Finds the trial court improperly granted Ellis’ motion to suppress and remands for it to enter an order consistent with the COA opinion.

Amjad Nabil Salhab v. State of Indiana
Criminal. Affirms the aggregate 24-year sentence plus three years of probation imposed on Amjad Salhab for his convictions of three counts of Class 3 felony rape and Level 5 felony child seduction. Finds his rape convictions did not violate the continuous crime doctrine and that the Marion Superior Court did not abuse its discretion by imposing consecutive sentences. Reverses a condition of probation that prohibited him from visiting “businesses that sell sexual devices or aids” as unconstitutionally broad.

J.A. v. State of Indiana (mem. dec.)
Juvenile. Affirms the delinquency adjudication and modification of disposition order committing J.A. to the Indiana Department of Correction. Finds sufficient evidence to support the adjudication and finds that the Elkhart Circuit Court did not err. Notes that discussion regarding restitution is premature.

Fransuah Mathews v. State of Indiana (mem. dec.)
Criminal. Affirms Fransuah Mathews’ conviction of murder and two counts of Level 1 felony attempted murder. Finds Mathews’ Sixth Amendment right to cross-examine was not violated; he simply waived the chance to exercise it. Finds Marion Superior Court did not err in denying Mathews’ motion for a mistrial.

Curtis Elliott v. Gradex, Inc., et al. (mem. dec.)
Civil tort. Affirms the denial of Curtis Elliott’s motion to correct error regarding the Clay Circuit Court’s grant of Riddell National Bank’s motion for judgment on the pleadings and Elliott’s request for leave to file a third amended complaint. Finds the trial court did not err when it granted Riddell’s motion for judgment on the pleadings and denied Elliott’s motion to correct error.

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