Opinions Feb. 15, 2022

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Court of Appeals of Indiana
Amanda Henry v. Community Healthcare System Community Hospital
21A-CT-2150
Civil tort. Affirms the Lake Superior Court’s order granting summary judgment in favor of Community Healthcare System Community Hospital on Amanda Henry’s complaint alleging invasion of privacy by intrusion into emotional seclusion, invasion of privacy by public disclosure of private facts and negligent retention. Holds the trial court correctly granted summary judgment in favor of Community on Henry’s negligent retention claim. Finds invasion of privacy by intrusion into emotional seclusion or solace is not recognized in Indiana and therefore the trial court did not err. Finds similarly for the invasion of privacy PDPF claim.

Jermaine D’Shann Dodd v. State of Indiana (mem. dec.)
21A-CR-739
Criminal. Affirms the denial of a motion to correct Jermain D’Shann Dodd’s 60-year sentence for felony murder. Concludes Dodd has not indicated a facially apparent sentencing error and the Lake Superior Court also did not err.

Donald Weaver v. State of Indiana (mem. dec.)
21A-PC-852
Post-conviction relief. Affirms the Grant Superior Court’s denial of a post-conviction relief petition by Donald Weaver. Finds Weaver’s claims of ineffective assistance of trial counsel raised in his PCR action are foreclosed as res judicata. Finds most of Weaver’s claims of ineffective assistance of appellate counsel are waived for failure to comply with the briefing requirements of Indiana Appellate Rule 46(A)(8). Finds Weaver’s appellate counsel was not ineffective for failing to raise trial counsel’s failure to challenge the jury instructions or the alleged non-disclosure of a plea deal. Concludes Weaver waived any contention that the PCR court committed reversible error by failing to address all of his PCR claims.

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