Opinions May 14, 2025

The following opinions were posted after The Indiana Lawyer’s deadline Tuesday:
7^th Circuit Court of Appeals
Darlene Chrisman, on behalf of N.R.C. v. Frank Bisignano, Commissioner of Social Security
24-1898
Civil. Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan Collins. Affirms the denial of Darlene Chrisman’s Supplemental Security Income application on behalf of her granddaughter, N.R.C. Finds that the administrative law judge’s opinion was properly reasoned and supported by substantial evidence. Attorney for appellant: Dana Duncan. Attorneys for appellee: David Hollar, Lindsay Payne, Nathaniel Whelan, Alison Schwartz.

Indiana Supreme Court
Glenn Thomas, as Personal Representative of the Estate of Bernadette O’Malley v. Valpo Motors, Inc.
24S-PL-286
Civil plenary. Vacates the Porter Superior Court’s summary judgment order in favor of Valpo Motors, Inc. Directs the trial court to enter partial summary judgment for Glenn Thomas on the warranty-disclaimer issue, and remands for determination of whether Valpo had a reasonable opportunity to cure. Also, in the event Thomas “finally prevails” in his action, the high court further directs the trial court to assess damages and reasonable attorney’s fees to which he may be entitled. Finds there’s a genuine issue of material fact as to whether Valpo had a reasonable opportunity to cure its failure to comply with the implied warranty of merchantability, making summary judgment for Valpo improper. Also finds, as a matter of contract interpretation, Valpo did not effectively disclaim the implied warranty of merchantability. Attorney for appellant: Robert Duff. Attorney for appellee: Andrew Shupp. 

Wednesday opinions
Indiana Court of Appeals
Dwayne T. Clemons v. State of Indiana
24A-CR-1601
Criminal. Affirms Warren Circuit Court Judge Hunter Reece’s judgment revoking Dwayne Clemons’ probation and ordering him to serve 544 days in the Indiana Department of Correction. Finds that given the number and nature of Clemons’s violations, the trial court’s decision to order execution of 544 days of Clemons’s previously suspended sentence was well within its discretion. Judge Melissa May dissents with a separate opinion. Attorney for appellant: Justin Wall. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General John Oosterhoff.

Elliahs Lamar Dorsey v. State of Indiana
24A-CR-1056
Criminal. Affirms Elliahs Dorsey’s convictions in Marion Superior Court of being guilty but mentally ill of Level 5 felony reckless homicide in the shooting death of Indianapolis Metropolitan Police Officer Breann Leath, Level 1 felony attempted murder of Aisha Brown and three counts of Level 6 felony criminal recklessness Finds the facts alleged in the charging information make it clear that neither the attempted murder nor the criminal confinement is factually included in the other and there is no double jeopardy violation. Reverses the trial court’s entry of judgment of conviction for Level 6 felony criminal confinement and remands for the entry of judgment of conviction for Level 3 felony criminal confinement. Attorney for appellant: Ann Sutton. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Caroline Templeton.