Indiana Court of Appeals
Post conviction. Affirms the denial of Christopher Johnston’s petition for post-conviction relief. Finds Johnston received the effective assistance of his trial and appellate counsel. Judge Terry Crone concurs in result without separate opinion.
Criminal. Affirms Jonathon Hoffmire’s conviction of Level 5 felony battery resulting in serious bodily injury. Finds the Jefferson Circuit Court did not err when it excluded certain evidence that supported Hoffmire’s self-defense claim.
Criminal. Affirms Daniel Dombrowski’s conviction of Level 6 felony battery. Finds the state presented sufficient evidence to rebut Dombrowski’s self-defense claim.
Civil tort. Affirms the grant of summary judgment to Northern Indiana Commuter Transportation District on the negligence claim brought by Clarence Lowe. Finds NICTD is a political subdivision but, in the context of a Federal Employers’ Liability Act tort claim, is a state agency having 11th Amendment immunity, which was waived with the passage of the Indiana Tort Claims Act. Also finds Lowe’s FELA claim is subject to ITCA, but he failed to comply with ITCA’s requirement that the governing body of a political subdivision be provided notice within 180 days of a loss. Finally, finds summary judgment was proper.
Criminal. Reverses the denial of Lamarr T. Crittenden’s motion to compel surrender of his client file. Finds the Marion Superior Court erred in summarily denying Crittenden’s motion to compel surrender of his client file. Remands for a hearing to determine whether Crittenden is entitled to relief.
Juvenile termination of parental rights. Affirms the order terminating father R.E.’s parental rights to B.E., E.E. and T.E. Finds the evidence supports the pertinent findings, and those findings support the decision to terminate R.E.’s parental rights to B.E. and E.E. Also finds no error in the order as to T.E. because R.E. expressed only a conditional interest in that parent-child relationship.