Opinions May 15, 2025

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Indiana Court of Appeals
Patrick Norton v. State of Indiana
24A-CR-2330
Criminal. Affirms Patrick Norton’s conviction in Hamilton Superior Court of Class B misdemeanor disorderly conduct. Finds Norton waived any alleged error by the trial court when he failed to challenge Juror 18’s service and the state presented sufficient evidence to rebut Norton’s defense of property and self-defense claims. Attorney for appellant: Bryan Cook. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Caroline Templeton.

Hakim Zamir Lamar Qualls v. State of Indiana
24A-CR-131
Criminal. Reverses Hakim Qualls’ convictions in LaPorte Superior Court for Level 3 felony aggravated battery and Class A misdemeanor dangerous possession of a firearm. Finds that the trial court erred by concluding that the State did not create the circumstances which led to the mistrial, thus allowing a second trial to take place. Also finds that the trial court erred by allowing the state to amend the information because the state did not overcome the presumption of prosecutorial vindictiveness and did not show that the additional charges were the result of new evidence. Remands with instructions to vacate Qualls’ convictions. Attorney for appellant: Jessica Merino. Attorneys for appellees: Attorney General Todd Rokita, Deputy Attorney General Megan Smith.

Anonymous Child I and Anonymous Child I’s Mother v. Anonymous Physician, Anonymous Healthcare Group and Anonymous PC
24A-CT-1874
Civil tort. Reverses Marion Superior Court Judge Timothy Oakes’ summary judgment order in favor of Anonymous Physician, Anonymous Healthcare Group and Anonymous PC based on the medical malpractice statute of limitations. Finds that a genuine issue of material fact exists as to when Anonymous Child learned of facts regarding Anonymous Physician using his own sperm to inseminate the mother of Anonymous Child without her consent that would have led a person of reasonable diligence to have discovered the malpractice. Also finds the issue of whether Child filed her claim within the limitations period is an issue to be resolved by the trier of fact. Remands for further proceedings. Attorneys for appellant: W. Kent Winingham, Emily Chimenti. Attorneys for appellees: Margaret Christensen, Zechariah Banks, Peter Pogue, Michael Mullen.

In the Matter of the Guardianship of C.B., Savannah Huff v. Lavon Case
24A-GU-1997
Guardianship. Reverses Spencer Circuit Court Judge Jon Dartt’s order rewarding permanent guardianship of Savannah Huff’s child, C.B., to Lavon Case, the child’s paternal great-grandmother. Finds that Case failed to rebut the presumption in favor of a natural parent by clear and convincing evidence. Remands for further proceedings to structure a transition of custody. Attorney for appellant: Andrew Foster. No attorney listed for appellee

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