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Damon Daniels v. Jeffrey Drake and Lisa Drake
22A-CT-68
Civil tort. Reverses and remands the Franklin Circuit Court’s grant of summary judgment to Jeffrey and Lisa Drake after FedEx driver Damon Daniels sued them for damages after the couple’s dog bit him on the job. Finds a genuine issue of material fact as to the dangerous tendencies of Great Danes, which, if true, the Drakes are likely to be aware of. As a result, finds that would generate a genuine issue as to whether the Drakes took reasonable precautions under the circumstances to prevent their dog from causing injury to Daniels, an invitee on their land. Remands for further proceedings.
Kevin Derek Riley, Sr. v. State of Indiana (mem. dec.)
21A-PC-1760
Post-conviction. Affirms the denial of Kevin Derek Riley, Sr.’s petition for post-conviction relief on his claim of ineffective assistance of trial counsel. Finds Riley failed to meet his burden of showing that the post-conviction court erred. Also finds Riley failed to show a reasonable probability that, but for his trial counsel’s alleged error, the result of the proceeding would have been different.
In Re: The Matter of A.P. (Minor Child), a Child in Need of Services; S.P. (Mother) v. Indiana Department of Child Services and Kids’ Voice of Indiana (mem. dec.)
21A-JC-2518
Juvenile CHINS. Affirms the adjudication of S.P.’s daughter, A.P., as a child in need of services. Finds sufficient evidence to support the CHINS adjudication.
Bricia Chavez v. State of Indiana (mem. dec.)
22A-CR-270
Criminal. Affirms Biricia Chavez’s conviction for Level 5 felony neglect of a dependent resulting in bodily injury. Finds sufficient evidence was presented to support Chavez’s conviction. Finds that Chavez’s 9-month-old’s failure to thrive would not have occurred but for Chavez’s failure to seek medical attention for the child beginning at the child’s birth.
Calvin R. Quertermous v. State of Indiana (mem. dec.)
22A-CR-764
Criminal. Affirms Calvin R. Quertermous’s conviction for Level 6 felony operating a vehicle while intoxicated. Finds no abuse of the Posey Circuit Court’s discretion and finds Quertermous’ 2½-year sentence is not inappropriate.
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