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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were posted after The Indiana Lawyer’s deadline Wednesday:
Indiana Supreme Court
Ricky L. Taylor v. State of Indiana
25S-CR-349
Criminal. Vacates Ricky Taylor’s challenged conviction for a Level 1 felony for aiding, inducing, or causing Jaxon Engle to commit the offense of dealing in a controlled substance resulting in K.L.’s death and remand for a new trial on that charge. Finds that the state has not shown that the error in admitting the inculpatory statement was harmless beyond a reasonable doubt. Also finds Engle’s improperly admitted statement identifying Taylor as the supplier of the fatal pills was vital to the state’s case, non-cumulative, uncorroborated, and untested through cross-examination and therefore it is not beyond a reasonable doubt that Engle’s incriminating statement did not contribute to the verdict on Taylor’s challenged conviction. Justices Mark Massa and Geoffrey Slaughter dissent, believing transfer should be denied and the Indiana Court of Appeals’ decision reinstated. Attorney for appellant: Angelus Kocoshis. Attorneys for appellee: Todd Rokita, Justin Roebel, Kathy Bradley.
Taliyah Brooks v. USA Track & Field, Inc.
25S-PL-103
Civil plenary. Affirms the Marion Superior Cour’s t denial of Taliyah Brooks’ motion to amend her complaint against USA Track and Field, Inc. Finds the final judgment rule is clear and cannot be affected by a litigant’s strategic choices. Also finds because Rule 15(A) does not apply after a final judgment, the trial court was correct in its ruling. Attorneys for appellant: William Bock III, Adam Doerr. Attorneys for appellee: Crystal Rowe, John Drummy, Jeffrey Hawkins.
Thursday opinions
Indiana Court of Appeals
Carlos Martin Francisco v. State of Indiana
25A-PC-1688
Post-conviction relief. Affirms the Cass Superior Court’s denial of Carlos Francisco’s petition for post-conviction relief. Finds the post-conviction court did not err when it concluded that Francisco received effective assistance or when it concluded that his plea was knowing, intelligent, and voluntary. Also finds the court therefore did not err when it denied his petition for post-conviction relief. Attorney for appellant: David Faherty. Attorneys for appellee: Todd Rokita, Ellen Meilaender.
Eric J. Mapes v. Carroll County and Carroll County Treasurer
25A-CC-660
Civil collection. Affirms the Tippecanoe Superior Court’s dismissal of Eric Mapes’complaint for failure to provide a tort-claim notice, Finds that because Mapes undisputedly failed to provide the county with a tort-claim notice, the trial court did not err in dismissing his complaint. Remands to the trial court with instructions to impose any conditions or restrictions on Mapes’ filings it deems appropriate to prevent future abusive litigation. Finds that Mapes’ abuse includes bringing frivolous claims and raising the same issue in multiple cases, even after the issue has already been decided adversely to him. Appellant pro se: Eric Mapes. Attorney for appellees: Mark Crandley.
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