Opinions June 24, 2025

The following opinions were posted after The Indiana Lawyer’s deadline Monday:
Indiana Supreme Court
Ross G. Thomas v. Joseph Foyst
25S-MI-148
Miscellaneous. Grants transfer and remand to the Bartholomew Circuit Court to dismiss as moot Ross Thomas’ claim for a declaratory judgment that Joseph Foyst was ineligible to appear on the 2023 Republican primary election ballot for the District 6 seat on the Columbus City Council because, Thomas claimed, the Republican Party missed a statutory deadline for choosing its nominee. Finds that before Thomas can prevail upon the courts to set aside election results based on a claim that the rival political party misstepped when nominating its candidate, Thomas must himself take the statutorily required steps for an election contest. Also finds Thomas has never identified any provisions in Article 12 or any other statutory basis authorizing the courts to overturn the election based on his challenge—not in his amended complaint, not in his arguments to the trial court, not in his briefing to the Court of Appeals or the Supreme Court, nor at oral argument. Justice Christopher Goff concurs in part and dissents in part with separate opinion. Appellant pro se: Ross Thomas. Attorneys for appellee: George Hoffman, III, Brian Newcomb, David Stone IV.

In the Matter of E.K. (Child in Need of Services); J.S. (Mother) v. Indiana Department of Child Services
24S-JC-300
Juvenile CHINS. Vacates the Whitley Circuit Court’s judgment adjudicating E.K. as a child in need of services and remands for further proceedings. Finds that Department of Child Services failed to present evidence showing the mother either had the financial means to provide her son with a safe home or failed to seek other reasonable means to do so. Also finds the trial court should hold a hearing and must ensure that it affords E.K. his procedural rights, including reconsidering appointing counsel for him if proceedings continue. Attorney for appellant: Elizabeth Deckard. Attorneys for appellee: Attorney General Todd Rokita, Benjamin Jones, David Corey.

Chris A. Kelly v. Indiana Bureau of Motor Vehicles
25S-CT-158
Civil tort. Affirms Marion Superior Court Judge Kurt Eisgruber’s dismissal of Chris Kelly’s lawsuit against the Bureau of Motor Vehicles for damages resulting from allegedly incorrect records that showed his license was suspended. Finds the Legislature has created the material error review process to correct inaccurate driving records—without awarding damages. Also finds that Kelly has failed to show that the BMV owes him a common-law duty to keep accurate driving records. As a result, the driver has failed to allege facts showing a legally actionable injury has occurred. Justice Geoffrey Slaughter concurs with separate opinion. Justice Christopher Goff dissents with separate opinion. Attorney for appellant: Daniel Burke. Attorneys for appellee: Attorney General Todd Rokita, Frances Barrow, Angela Sanchez, Benjamin Jones.

Gage Peters v. Dennis J. Quakenbush, II, in his official capacity as Hamilton County Sheriff, and Lloyd Arnold, in his official capacity as Commissioner of the Indiana Department of Correction
25S-PL-152
Civil plenary. Reverses the Hamilton Superior Court’s judgment and remands for entry of summary judgment in Gage Peters’ favor. Finds that Peters is not currently required to register in another jurisdiction and holds that he need not currently register as a sex or violent offender in Indiana. Also finds that that the Jurisdiction Statute does not apply to him. Justice Derek Molter concurs in part and in the judgment with separate opinion. Justice Geoffrey Slaughter concurs in the judgment with separate opinion. Attorney for appellant: Cara Schaefer Wieneke. Attorneys for appellees: Attorney General Todd Rokita, Solicitor General James Barta, David Arthur, Adam Willfond.

Tuesday opinions
Indiana Supreme Court
South Bend Community School Corporation v. Connie Grabowski
24S-CT-395
Civil tort. Reverses the St. Joseph Circuit Court entry of judgment for Connie Grabowski and remands with instructions to enter judgment for the South Bend Community School Corporation. Finds there is no evidence that the employer discharged the employee solely to avoid workers’ compensation liability. Also finds that this case should not have gone to the jury. Justice Christopher Goff dissents with separate opinion in which Justice Derek Molter joins as to part I.C. Attorneys for appellant: John Maley, Peter Rusthoven, Michael Palmer, Benjamin Perry. Attorney for appellee: Patrick O’Leary.

Indiana Court of Appeals
Ryan Scott Fisher v. State of Indiana
24A-CR-2402
Criminal. Affirms Ryan Fisher’s convictions in Sullivan Superior Court for Level 4 felony unlawful possession of a firearm by a serious violent felon, and Level 5 felony possession of methamphetamine. Finds there is no double jeopardy violation, the court did not err by admitting Sergeant Fitzgerald’s present sense impressions, State’s Exhibit 22 was a properly-admitted, self-authenticating document, and the trial court did not abuse its discretion when sentencing Fisher. Attorney for appellant: Faith Alvarez. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Kathy Bradley.