Court of Appeals of Indiana
Mario Sims v. Pete Buttigieg; Mike Schmul; Tim Corbett; St. Joseph County, by the Board of Commissioners of St. Joseph County, Indiana; City of South Bend, Indiana; Stephanie Steele, as Corporation Counsel for the City of South Bend; Tasha Reed Outlaw; Ann-Carol Nash; and Cristal Brisco
Civil tort. Affirms the dismissal of Mario Sims’ complaint against officials and public entities from South Bend. Finds that pursuant to the screening procedure in Sims v. Scopelitis, 797 N.E.2d 348 (Ind. Ct. App. 2003), trans. denied (2004), Sims’ lawsuit should never had been filed, but there was no procedural error in the St. Joseph Circuit Court performing its mandated Scopelitis review after the premature filing of the complaint. Also finds that because the trial court determined Sims’ claims in the complaint cannot go forward, the appellees were not in default for not filing an answer or other responsive pleading as claimed by Sims in his appellate brief. Finally, finds the trial court properly dismissed Sims’ complaint with prejudice.
Robert Tyson Taylor v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Tyson Taylor’s conviction of Level 1 felony child molesting, with a repeat sexual offender enhancement. Finds the Hamilton Superior Court did not abuse its discretion when it denied Taylor’s request to introduce evidence of child H.H.’s past behaviors, nor did it abuse its discretion when it allowed the state to introduce into evidence H.H.’s prior consistent statement.