Opinions, Sept. 22, 2021

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Judy Reece, as Guardian of Walter Reece, and Judy Reece v. Tyson Fresh Meats, Inc., and Tyson Foods, Inc.
21S-CT-435
Civil tort. Affirms the grant of summary judgment to Tyson Fresh Meats and Tyson Foods Inc. in a dispute witht Judy Reece following a motorcycle accident that injured her husband. Finds summary judgment was appropriate because the tall grass that inhibited drivers’ views was wholly contained on Tyson’s property. Also finds Tyson owed no duty to the motoring public to avoid creating or maintaining the visual obstruction and therefore could not be negligent. Justice Christopher Goff concursin result with separate opinion, joined by Justice Steven David, who instead would have adopted the rule in Justice v. CSX Transportation, Inc.

Wednesday opinions
Indiana Court of Appeals
Carlton Lee Wells v. State of Indiana
21A-CR-612
Criminal. Reverses Carlton Lee Wells’ conviction of Class A misdemeanor invasion of privacy. Finds the St. Joseph Superior Court committed fundamental error and violated Wells’ Sixth Amendment rights under the U.S. Constitution as well as his rights in the Indiana Constitution outlined in Article 1, Section 13 after omitting him from his jury trial due to failing pretrial drug testing. Remands with instructions to vacate Wells’ conviction.

Angela Michelle Hood v. State of Indiana (mem. dec.)
21A-CR-56
Criminal. Affirms the four-year sentence, with one year of probation, imposed on Angela Michelle Hood following her guilty plea to Level 5 dealing in a controlled substance. Finds the Shelby Superior Court complied with the terms of the plea agreement and Hood waived her right to challenge her sentence on appeal.

In Re the Paternity of K.A.; Daniel Asher v Jaclyn Dillon (mem. dec.)
21A-JP-106
Juvenile paternity. Affirms the Marion Circuit Court’s denial of father Daniel Asher’s petition for joint legal custody of child K.A. Finds the record supports the trial court’s finding that the parties acrimonious dynamic has rendered joint legal custody untenable and not in K.A.’s best interests. Also finds the trial court did not err in granting sole legal custody to mother Jaclyn Dillon.

Shawn Jones v. State of Indiana (mem. dec.)
21A-CR-481
Criminal. Affirms the Marion Superior Court’s revocation of Shawn Jones’ community corrections placement and his probation after he violated the Duvall Residential Center’s rules against possessing and using controlled substances. Finds the state’s evidence was sufficient and it wasn’t required to prove the offense occurred on a precise alleged date. Also finds the trial court didn’t abuse its discretion.

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