Opinions Sept. 1, 2021

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Sydney Renner v. Trevor J. Shepard-Bazant
21S-CT-138
Civil tort. Affirms the Lake Superior Court’s decision to reduces its damages award for Sydney Renner based on Renner’s failure to mitigate her damages and failure to show that an accident involving Trevor Shepard-Bazant cause all of her damages. Finds that the trial court permissibly weighed the evidence before it to determine that Renner’s post-accident conduct did cause her harm. Also finds the trial court inadequately addressed the eggshell-skill rule and treated Renner’s prior injuries as separate incidents. Finally, finds the trial court abused its discretion in calculating damages. Remands to the trial court to take the eggshell-skull rule into account and recalculate damages.

Wednesday opinions
Indiana Court of Appeals
Jameson D. McCarthy v. State of Indiana
20A-CR-1892
Criminal. Affirms the denial of Jameson McCarthy’s motion for discharge pursuant to Indiana Criminal Rule 4(C). Finds McCarthy is partially responsible for the delay in his trial. Also finds McCarthy’s speedy trial rights were not violated.

Gina Lynn Shoffner v. State of Indiana (mem. dec.)
21A-CR-75
Criminal. Affirms Gina Shoffner’s conviction of Level 5 felony operating a motor vehicle while privileges are forfeited for life, a Level 5 felony, and her 54-month sentence. Finds Shoffner failed to meet her burden to establish an extreme emergency under Indiana Code § 9-30-10-18. Also finds the LaPorte Circuit Court did not abuse its discretion in sentencing Shoffner. Finally, finds Shoffner’s sentence is not inappropriate.

In the Matter of M.B. and C.V., Children Alleged to be Children in Need of Services; K.V. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JC-357
Juvenile CHINS. Affirms the adjudication of mother K.V.’s two children, M.B. And C.V., as children in need of services. Finds K.V. waived any argument regarding the juvenile court’s lack of personal jurisdiction by appearing at every hearing without contesting the court’s jurisdiction. Also finds the findings challenged by K.V. are either supported by the evidence or, if there was any error, any error would be harmless. Finally, finds the juvenile court did not err when it adjudicated the children as CHINS.

Richard Kobielnik v. State of Indiana (mem. dec.)
21A-CR-376
Criminal. Affirms Richard Kobielnik’s convictions for Class C felony child molesting, Level 4 felony child molesting, Level 4 felony sexual misconduct with a minor, Level 5 felony child seduction, Level 6 felony child seduction, Class D felony display of matter harmful to minors and Level 6 felony display of matter harmful to minors. Finds Kobielnik has not shown that he was prejudiced by the Morgan Superior Court’s decision to restrict counsel’s access to the entire jury pool during the initial phase of voir dire. Also finds the trial court did not abuse its discretion in its management of voir dire.

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