Opinions Jan. 23, 2023

Keywords Opinions

Court of Appeals of Indiana
Megan M. Smith v. State of Indiana (mem. dec.)
22A-CR-1166
Criminal. Affirms Megan M. Smith’s convictions of Class A misdemeanor domestic battery and Class A misdemeanor invasion of privacy. Finds Smith did not preserve her argument that the Knox Superior Court could not consider the record of proceedings on the order for protection, nor is there any fundamental error on that issue. Also finds the state presented sufficient evidence.

Evan B. Jackson, as Personal Representative of the Estate of Spencer A. Jackson v. SPC Leasing, Sam Pierce, Sam Pierce Chevrolet, Inc., a Domestic For-Profit Corp., Talco Aviation Corporation d/b/a Rajay Turbo Products (mem. dec.)
22A-CT-1201
Civil tort. Reverses the dismissal of the Estate of Spencer A. Jackson’s amended complaint under Indiana Trial Rule 12(B)(6) and the subsequent denial of the estate’s motion to vacate dismissal/motion to correct error. Finds the Delaware Circuit Court erred when it struck the estate’s second amended complaint, which was timely filed as of right as the trial court dismissed its first amended complaint. Also finds the estate timely filed its claims under the Adult Wrongful Death Statute. Finally, finds the estate’s claims under the Survival Statute in its second amended complaint are not barred. Remands for further proceedings.

State of Indiana and the Indiana Department of Transportation v. The Estate of Joseph W. Quick, Sr, Cathleen Quick, Joseph Quick, and Jason Quick (mem. dec.)
22A-CT-1359
Civil tort. Reverses the denial of the state of Indiana and the Indiana Department of Transportation’s motion for summary judgment. Finds the St. Joseph Circuit Court erred when it denied the state’s motion for summary judgment because the state was not liable as a matter of law. Remands with instructions to grant the state’s motion.

Leroy D. Garham, Jr. v. State of Indiana (mem. dec.)
22A-CR-1551
Criminal. Affirms Leroy D. Graham Jr.’s conviction of attempted murder and his sentence to 38 years in the Department of Correction. Finds Graham did not preserve his Batson challenge for appellate review, but the state also provided race-neutral reasons for striking Potential Juror 47. Also finds the state presented sufficient evidence to defeat Graham’s claim of self-defense. Finally, finds Graham’s sentence is not inappropriate.

Jamee M. Ferro v. Ryan Ronald Beheyt (mem. dec.)
22A-JP-1861
Juvenile paternity. Affirms the order modifying custody of mother Jamee Ferro’s child to father Ryan Ronald Beheyt. Finds the St. Joseph Superior Court held an evidentiary hearing, and the record supports the court’s judgment.

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