Opinions Jan. 9, 2023

Keywords Opinions

Indiana Supreme Court
Donnell Goston, Sr., et al. v. State of Indiana, et al.
23S-CT-5
Civil tort. Grants transfer to clarify that Indiana Trial Rule 16, Trial Rule 56(B) and Marion County Local Rule LR49-TR16 207(B) work in harmony and are not in conflict. Finds the Marion Superior Court appropriately exercised the discretion afforded by Trial Rule 16 in a manner that balanced the goals of doing justice to the merits of the case, minimizing the risk of prejudice to the plaintiffs, and maintaining orderly and efficient court proceedings when it considered the defendants’ motion for summary judgment, filed outside the deadline set by the local rule. Summarily affirms the Court of Appeals of Indiana in all other respects.

Court of Appeals of Indiana
Dustin Passarelli v. State of Indiana
22A-CR-1116
Criminal. Affirms the determination that the testimony of a psychologist regarding Dustin Passarelli’s post-traumatic stress disorder diagnosis should be excluded at Passarelli’s murder trial. Finds evidence that Passarelli suffered from PTSD and reacts more harshly to stressful situations than an ordinary person is inadmissible to support his claim of self-defense, so the Marion Superior Court did not abuse its discretion in determining that John Mundt’s anticipated testimony is inadmissible at trial to support Passarelli’s claim of self-defense. Remands for further proceedings. Judge Elaine Brown dissents with separate opinion. 

Margaret Rockwood, Individually and as Trustee of the Margaret A. Rockwood Revocable Trust, Dated January 23, 2007 v. Crown Point Holdings, LLC, Patrick Casey, Helen Casey, and the Steuben County Board of Zoning Appeals (mem. dec.)
22A-PL-1492
Civil plenary. Affirms the denial of Margaret A. Rockwood’s petition for judicial review of the decision of the Steuben County Board of Zoning Appeals, which granted a special exception to Crown Point Holdings LLC for the construction of a 10-unit condominium on Crooked Lake. Finds the BZA’s decision to grant the special exception was not arbitrary, capricious or an abuse of discretion.

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