The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
Tammi Clark, as personal representative of the Estate of Kandace Pyles, deceased v. Samer Mattar, M.D.
Civil tort. Affirms the Indiana Court of Appeals’ reversal and remand for a new trial for Tammi Clark against Dr. Samer Matter. Finds that an unwilling juror should have been struck for cause in Marion Superior Court and that there was prejudice because Clark was forced to exhaust her last peremptory challenge and accept an objectionable juror. Justice Mark Massa concurs in part, dissents in part. Justice Geoffrey Slaughter dissents.
Indiana Court of Appeals
Christopher Vandenberg v. Indiana Department of Correction (mem. dec.)
Civil plenary. Reverses and remands the Marion Superior Court’s grant of the DOC’s motion for summary judgment against Christopher Vandenberg, who filed a declaratory judgment action seeking a determination that he was required to register as a sex offender for 10 years, not for life. Finds that Vandenberg’s offenses are not unrelated as that term is used in Indiana Code section 11-8-8-19(e). Finds he is required to register for a period of 10 years.
Jason R. Hagerty v. State of Indiana (mem. dec.)
Criminal. Affirms the Howard Superior Court’s order that Jason Hagerty serve the balance of his previously suspended sentence in the DOC. Finds the trial court did not abuse its discretion.