Opinions Oct. 8, 2019

Indiana Supreme Court
Rodney W. Falls v. State of Indiana
19S-CR-557
Criminal. Grants transfer to reaffirm that a charge of stalking may be supported by conduct that is continuous in nature, even if it is a single episode. Finds that Rodney Falls’ conduct of following a college student by vehicle for more than two hours met the statutory definition of “continuing” harassment, thereby supporting his conviction in Kosciusko Superior Court of Level 6 felony stalking. Affirms the Indiana Court of Appeals’ opinion in all other respects.

Indiana Court of Appeals
Indiana Land Trust Company F/K/A Lake County Trust Company Tr #4340 v. Xl Investment Properties, LLC, et al.
18A-MI-02150
Miscellaneous. Grants XL Investment Properties, LLC and LaPorte County Auditor’s petition for rehearing for the limited purpose of addressing three arguments. Clarifies that the record is not wholly clear as to whether Trust 4340 provided a current tax notice address for the property to the auditor in a timely fashion. Finds the appellees are incorrect in stating that the appellate court “determined as a matter of fact that the Certified Mail Notice was undeliverable rather than refused[.]” Declines to vacate its opinion to permit the Indiana attorney general to intervene.

Marty Friend v. State of Indiana
18A-CR-02359
Criminal. Affirms Marty Friend’s conviction of Level 1 felony child molestation. Finds the Elkhart Superior Court did not err by denying Friend’s motions for preliminary discovery of privileged records or by refusing to admit certain evidence. Judge Terry Crone concurs in part, dissents in part with a separate opinion.

Amanda Henry v. Community Healthcare System Community Hospital
19A-CT-01256
Civil tort. Reverses the Lake Superior Court’s dismissal of Amanda Henry’s complaint against Community Healthcare System Community Hospital after a Community employee allegedly provided Henry’s medical records to the employee’s spouse, who happened to be Henry’s employer. Finds Henry’s complaint included the operative facts necessary to make a negligence-based claim against Community. Remands for further proceedings.

General M. Boyd v. State of Indiana (mem. dec.)
19A-CR-363
Criminal. Affirms General Boyd’s conviction for Class B misdemeanor disorderly conduct. Finds the Marion Superior Court did not err in rejecting Boyd’s claim that his conduct was constitutionally protected speech.

Barry Atwell v. City of Indianapolis (mem. dec.)
18A-OV-2978
Local ordinance violation. Affirms the Marion Superior Court’s finding that Barry Atwell committed a zoning violation. Also affirms its entry of an injunction and imposition of a fine against him. Finds Atwell failed to prove that he had a legally established nonconforming use for the premises, and the trial court did not err in finding that Atwell’s maintenance of a poultry flock on D-5 premises was a zoning violation. Finds the trial court did not abuse its discretion in imposing the permanent injunction.

In the Matter of the Termination of the Parent-Child Relationship of: K.M. (Minor Child), and T.G. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-379
Juvenile termination. Affirms the termination of T.G.’s parental rights to his child, K.M. Finds the trial court’s termination of T.G.’s parental rights is not clearly erroneous.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: E.M. (Minor Child), and A.E. (Mother), and D.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-937
Juvenile termination. Affirms the termination of A.E. and D.M. II’s parental rights to their child, E.M. Finds the trial court’s termination of T.G.’s parental rights is not clearly erroneous.

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