Opinions May 14, 2020

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Indiana Court of Appeals
Frances L. Batchelder, Special Administrator of the Estate of John E. Batchelder, M.D., Deceased v. Indiana University Health Care Associates, INC, d/b/a IUHP
Civil tort. Reverses the Marion Superior Court’s award of summary judgment in favor of Indiana University Health Care Associates, Inc., in the medical malpractice action brought by Frances Batchelder, special administrator of the estate of John E. Batchelder, M.D. Finds that by prematurely applying the $1.25 million setoff from a settlement with a third party to the statutory limit and offsetting the IUHP judgment to zero, without first determining the value of the estate’s case, the trial court denied the estate the potential full recovery to which the estate is legally entitled. Remands for proceedings.

William Steve Landske v. State of Indiana
Criminal. Affirms William Landske’s advisory 55-year sentence imposed in Lake Superior Court for his conviction of murder. Finds his sentence is not inappropriate in light of the nature of the offense or his character.

State of Indiana v. April D. Glaze
Criminal. Affirms the Putnam Circuit Court’s order granting in part April D. Glaze’s motion to suppress evidence from her interrogation by investigators related to an investigation in which she was charged with child molesting and promotion of human trafficking of a minor. Finds authorities failed to honor Glaze’s exercise of her right to remain silent, and the trial court did not err in suppressing statements Glaze made after she stated she wanted to end the questioning and go home.

Jonathon Luther v. State of Indiana (mem. dec.)
Criminal. Affirms Jonathon Luther’s two-year sentence for conviction in Harrison Superior Court of Level 6 felony assisting a criminal. Finds Luther has failed to establish fundamental error with regard to a deputy’s testimony that he sought the search warrant based on his observation of methamphetamine pipes in Luther’s garage. Also finds Luther failed to establish that his sentence is inappropriately harsh.

Fifty Six LLC, individually and, alternatively, in the Name of the State of Indiana ex rel. Fifty Six LLC v. Metropolitan Board of Zoning Appeals of Marion County and Fall Creek Owner LLC (mem. dec.)
Civil plenary. Affirms the Marion Superior Court’s order dismissing Fifty Six LLC’s petition for judicial review of a decision of the Marion County Metropolitan Board of Zoning Appeals granting a zoning variance requested by Fall Creek Owner LLC. Finds that having failed to seek an additional extension of time, Fifty Six’s failure could not have been remedied by the trial court remanding the matter to the board.

Bradley Crawford v. Stephanie M. Crawford (mem. dec.)
Domestic relations, no children. Affirms the Pulaski Circuit Court’s order in favor of Stephanie Crawford against Bradley Crawford, holding that a joint revocable living trust amended the parties’ premarital agreement. Finds the trial court did not abuse its discretion by determining that the trust amended the premarital agreement.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: K.E. (Minor Child) and J.E. (Father) v. Indiana Department of Child Services (mem. dec.
Juvenile termination. Affirms the involuntary termination of J.E.’s parental rights to his minor child, K.E. Does not find that any procedural irregularities in his case rose to the level of a deprivation of father’s due process rights.

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