Opinions Nov. 3, 2022

Keywords Opinions

The following Indiana Supreme Court opinion was posted after IL deadline on Wednesday:
In the Matter of Ralph W. Staples
21S-DI-476
Attorney discipline. Suspends attorney Ralph W. Staples for at least one year without automatic reinstatement. Finds Staples engaged in attorney misconduct by dividing attorney fees without his client’s permission, disobeying court orders, making false statements to the Indiana Supreme Court Disciplinary Commission and failing to timely respond to the commission’s demands for information. 

Thursday opinions
Court of Appeals of Indiana
Penny Korakis v. Memorial Hospital of South Bend, Michael R. Messmer, D.O., David A. Halperin, M.D.
22A-CT-867
Civil tort. Affirms the grant of summary judgment to Dr. David A. Halperin, Dr. Michael R. Messmer and Memorial Hospital of South Bend on Penny Korakis’ medical malpractice lawsuit. Finds Dr. James Kemmler’s affidavit was insufficient to create genuine issues of fact such that summary judgment in favor of the defendants was inappropriate.

Brian John Baumgartner v. State of Indiana (mem. dec.)
22A-CR-230
Criminal. Affirms Brian John Baumgartner’s convictions of felony murder, Level 6 felony abuse of a corpse, Level 6 felony obstruction of justice and Class B misdemeanor false informing, and his aggregate 77-year sentence. Finds Baumgartner was not deprived of his constitutional right to present a defense, and he was not deprived of the opportunity to prepare for and defend against the charges of obstruction of justice and false informing. Also finds Baumgartner has not demonstrated an abuse of the Warrick Circuit Court’s discretion in the admission of evidence. Finally, finds Baumgartner has not shown that his Boykin rights were violated, and his sentence is not inappropriate.

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