Opinions Sept. 28, 2020

Indiana Court of Appeals
M.A. v. Review Board of the Indiana Department of Workforce Development
Agency. Affirms the decision of the review board of the Indiana Department of Workforce Development affirming the decision of an administrative law judge that M.A. had insufficient wage credits to meet the statutory requirements to establish a claim for unemployment benefits. Finds the board did not err when it affirmed the ALJ’s decision denying M.A. unemployment benefits.

Richard Jernagan v. Indiana University Health a/k/a Indiana University Health ACO, Inc.
Civil plenary. Reverses the Marion Superior Court’s entry of summary judgment in favor of Indiana University Health ACO Inc. against Richard Jernagan, finding that a genuine issue of material fact exists as to whether the delivery of a business card during the surgical registration procedure is sufficient to satisfy the meaningful notice requirement informing the patient that the doctor performing the medical procedure is an independent contractor. Also finds on cross-appeal that Jernagan’s response to IU Health’s motion for summary judgment was timely.

In the Matter of J.S. (CHINS): S.D. (Mother) and M.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the adjudication of mother S.D. and father M.S.’s son, J.S., as a child in need of services. Finds sufficient evidence to support the CHINS adjudication.

Brandon Blaine Evans v. State of Indiana (mem. dec.)
Criminal. Affirms Brandon Evans’ convictions for Level 2 felony conspiracy to commit dealing in methamphetamine and Level 4 felony dealing in heroin, and his aggregate 45-year sentence. Finds no double jeopardy violation. Also finds sufficient evidence to support the convictions. Finally, finds his sentence is not inappropriate.

Charles M. May v. State of Indiana (mem. dec.)
Criminal. Affirms Charles May’s conviction of Level 6 felony theft. Finds sufficient evidence to support the conviction. Also finds that the incredible dubiosity rule is inapplicable because the state called multiple witnesses.

Anthony L. McDaniels v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony McDaniels’ aggregate three-year sentence for his two separate Level 6 felony convictions for resisting law enforcement and possession of methamphetamine. Finds his sentence is not inappropriate in light of the nature of the offenses and his character.

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