Opinions December 22, 2025

Indiana Court of Appeals
Christopher T. Tandy v. State of Indiana
25A-CR-97
Criminal. Affirms Christopher Tandy’s convictions for of murder and auto theft and the Clark Circuit Court’s denial of Tandy’s motion for relief from judgment alleging prosecutorial misconduct. Finds Tandy waived his prosecutorial misconduct claim. Also finds that the deputy prosecutor’s comment neither amounted to misconduct nor placed Tandy in grave peril, and thus, the trial court did not err in denying Tandy’s motion for relief from judgment.  Judge Elizabeth Tavitas dissents with separate opinion. Attorney for appellant: Matthew McGovern. Attorneys for appellee: Todd Rokita, Rebekah Bennett, Courtney Staton, Certified Legal Intern Gabriela Alvarez.

Robyn L. Spradlin v. State of Indiana
24A-CR-1724
Criminal. Reverses registered nurse Robyn Spradlin’s conviction by a Clark Circuit Court jury of Level 6 felony failure to make, keep or furnish records. Finds the state failed to demonstrate the electronic medication administration record that Spradlin did not complete was a record required to be made under Title 35, Article 48, which was an element of the crime charged. Attorney for appellant: Matthew McGovern. Attorneys for appellee: Todd Rokita, Ellen Meilaender.

Mitchell Schultz v. S.P. Real Estate LLC
25A-CT-165
Civil tort. Reverses the Jasper Circuit Court’s judgment assigning Mitchell Schultz 95% fault, meaning he could not recover damages. Finds liability for an intentional tort turns on the tortfeasor’s deliberate choice to commit the act and that intent cannot be reduced to a percentage of fault. Also finds the trial court erred by applying comparative fault to reduce Sandy Pines’ liability for the intentional tort of trespass. Remands for further proceedings. Attorney for appellant: Jacob Ahler. Attorneys for appellee: Donald Shelmon, Thomas Gutwein.

Timothy Stabosz v. Shaw Friedman
24A-PL-2536
Civil plenary. Reverses and vacates a LaPorte Circuit Court order belatedly granting a motion to correct error filed by Shaw Friedman after the motion was deemed denied pursuant to Indiana Trial Rule 53.3. Finds no authority requiring that jury instructions defining actual malice include a list of examples of reckless disregard or indifference for the truth that would support a finding of actual malice. Reinstates the jury verdict in favor of Timothy Stabosz after Friedman filed a defamation compliant against him. Attorneys for appellant: Margaret Christensen, Sarah Jackson, Harold Hagberg, Andrew Jones, Michael Smyth. Attorneys for appellee: Robert Palmer. R. William Jonas, Jr.