Opinions Oct. 6, 2022

Keywords Opinions

Court of Appeals of Indiana
Z.D. v. Community Health Network, Inc.
Civil tort. Affirms and reverses in part the grant of summary judgment to Community Health Network Inc. on Z.D.’s complaint seeking damages for pecuniary losses, emotional distress and loss of privacy. Finds Z.D.’s complaint pleads a claim for invasion of privacy based on public disclosure of private facts, and a genuine issue of material fact exists regarding the tort’s publicity requirement. Also finds Z.D. may not recover emotional distress damages under a negligence theory. Finally, finds Z.D. is entitled to trial on her claims for pecuniary damages resulting from Community’s alleged negligence. Remands for further proceedings. Judge Nancy Vaidik concurs in result without separate opinion.

In the Matter of A.R. and I.T. (Minor Children) B.G. (Mother) v. Indiana Department of Child Services and Kid’s Voice of Indiana
Juvenile CHINS. Affirms the Marion Superior Court’s adjudication of mother B.G.’s minor children, A.R. and I.T., as children in need of services. Finds the juvenile court properly exercised emergency jurisdiction over the CHINS matters involving the children under the Uniform Child Custody Jurisdiction and Enforcement Act. Also finds Indiana was a convenient forum under the UCCJA until the juvenile court adjudicated the children as CHINS. Finally, finds a dispositional hearing was held within 30 days of the CHINS adjudications because the trial court was required to stay all proceedings until the West Virginia court accepted or declined jurisdiction over the cases.

Andrew Cantrell v. State of Indiana (mem. dec.)
Criminal. Affirms Andrew Cantrell’s convictions of Level 5 felony criminal confinement, Level 6 felony domestic battery, Level 6 felony battery, Level 6 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia, and his five-year sentence. Finds the Huntington Superior Court did not abuse its discretion in denying Cantrell’s motion for a mistrial.  Also finds the incredible dubiosity rule does not apply, and A.G.’s testimony, together with the other corroborating evidence, is sufficient to sustain Cantrell’s convictions for criminal confinement, domestic battery and battery. Finally, finds Cantrell has failed to prove that his sentence is inappropriate in light of the nature of his offenses or his character.

Larnell Bocot v. State of Indiana (mem. dec.)
Criminal. Affirms Larnelle Bocot’s conviction of Class A misdemeanor domestic battery. Finds the state produced sufficient evidence to sustain his conviction.

Curtis Lamont Jackson v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Curtis Lamont Jackson’s verified petition for additional credit time. Finds Jackson has not shown that the Vanderburgh Circuit Court erred when it summarily denied his petition.

Raymond L. Harper v. State of Indiana (mem. dec.)
Criminal. Affirms Raymond Lemond Harper’s conviction of Class A misdemeanor domestic battery. Finds the doctrine of incredible dubiosity is inapplicable. Also finds the evidence is sufficient to sustain Harper’s convictions.

Thomas William Bigelow v. State of Indiana (mem. dec.)
Criminal. Affirms Thomas Bigelow’s convictions of Level 4 felony possession of methamphetamine, Level 6 felony possession of a narcotic drug and Class B misdemeanor possession of marijuana. Finds Bigelow validly waived his right to counsel.

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