Opinions May 10, 2023

  • Print
Listen to this story

Subscriber Benefit

As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
This audio file is brought to you by
Loading audio file, please wait.
  • 0.25
  • 0.50
  • 0.75
  • 1.00
  • 1.25
  • 1.50
  • 1.75
  • 2.00

Court of Appeals of Indiana
Imad Shawa, M.D. v. Kathryn Gillette
Civil tort. Reverses the Marion Superior Court’s denial of summary judgment for Imad Shawa. Finds Kathryn Gillette’s failure to use her probable knowledge of Shawa’s identity precludes unlimited extension of the statute of limitations. Remands with instructions for the trial court to enter summary judgment for Shawa.

Christopher G. Wellman v. State of Indiana
Criminal. Reverses the Marion Superior Court’s denial of discharge for Christopher Wellman. Finds the delay effected by Wellman’s continuances was not attributable to Wellman. Also finds the state failed to bring Wellman to trial within the one-year deadline established by Criminal Rule 4(C). Remands with instructions for the trial court to grant Wellman’s motion for discharge.

Terrence Brodnik v. Cottage Rents LLC
Small claims. Reverses the Hendricks Superior Court’s entry of summary judgment for Cottage Rents LLC. Finds the doctrine of impossibility applies and, therefore, Terrence Brodnik had a right to rescind a contract. Remands with instructions to balance the equities and determine what, if any, restitution is due to Brodnik. Judge Paul Mathias dissents with separate opinion.

Ivory S. Smith v. State of Indiana (mem. dec.)
Criminal. Affirms Ivory Smith’s convictions of Level 2 felony voluntary manslaughter, Level 5 involuntary manslaughter and Level 5 criminal recklessness, as well as her aggregate sentence of 32 years, with two years suspended to probation. Finds the Marion Superior Court did not present an erroneous jury instruction on self-defense. Also finds the sentence does not warrant revision.

Stacy N. Sandoval v. State of Indiana (mem. dec.)
Criminal. Affirms the Level 5 elevation of Stacy Sandoval’s conviction for battery. Finds the Marion Superior Court did not abuse its discretion in admitting an exhibit from the state. Reverses the imposed court costs and fees against Sandoval. Finds the trial court erred in not holding an indigency hearing. Remands with instructions to determine Sandoval’s ability to pay her monetary obligations.

Charles Hardin, Jr. v. State of Indiana (mem. dec)
Post-conviction relief. Affirms the Whitley Circuit Court’s denial of Charles Hardin’s motion for change of judge. Finds Hardin failed to establish the judge has a personal bias or prejudice against him. Reverses the trial court’s summary denial of Hardin’s petition for post-conviction relief. Finds the trial court erred in summarily disposing of the PCR petition as a matter of law. Remands for further proceedings.

Lucas Wilkerson v. Rick Norman (mem. dec.)
Small claims. Affirms the Lawrence Superior Court’s rejection of Lucas Wilkerson’s claims in a small claims dispute with Rick’s Automotive. Finds no procedural violation, nor abuse of discretion in the small claim’s courts consideration of evidence. Also finds Wilkerson does not challenge any specific finding by the small claims court or provide any rationale for how the court erred in its determination on his argument that Rick Norman violated the Deceptive Consumer Sales Act.

Please enable JavaScript to view this content.

{{ articles_remaining }}
Free {{ article_text }} Remaining
{{ articles_remaining }}
Free {{ article_text }} Remaining Article limit resets on
{{ count_down }}