Opinions September 29, 2025

The following opinions were posted after The Indiana Lawyer’s deadline Friday:
7^th Circuit Court of Appeals
Earnise Pam and Sasha Boyd, Co-Special Administrators of the Estate of Rodriquez D’Aundre Pam v. City of Evansville, et al.
24-2286
Civil. Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Matthew Brookman. Affirms the district court ‘s granting of summary judgment for all defendants because it found it undisputed that Rodriquez D’Aundre Pam pointed a gun at the Evansville Police Department officers before they fired. Finds that reasonable officers could have concluded that Pam had recently aimed his firearm at a person and an animal, and critically, pulled out a gun in response to police orders in the moments before the officers fired. Also finds the officers are entitled to qualified immunity. Attorneys for appellant: Mark Miller: Attorneys for appellee: Keith Vonderahe, Mattthew Koressel, Karey Cain.

Indiana Court of Appeals
Mathew W. McCallister v. State of Indiana
24A-PC-1521
Post-conviction relief. Affirms the Warrick Superior Court’s denial of Mathew McCallister’s petition for post-conviction relief. Finds that there were no cumulative errors committed by McCallister’s trial counsel. Also finds the post-conviction relief court did not clearly err by denying McCallister’s PCR petition. Attorneys for appellant: Amy Karozos, Deidre Eltzroth, Jay Lee. Attorneys for appellee: Attorney General Todd Rokita, Ellen Meilaender. 

Akeenen Anton Lamar Hunt v. State of Indiana
24A-CR-1876
Criminal. Affirms a Hancock Circuit Court jury’s conviction of Akeenen Hunt of 15 charges, including rape and intimidation. Finds the trial court did not abuse Its discretion regarding certain evidence at trial. Also finds the state presented sufficient evidence to support Hunt’s convictions. Judge Peter Foley concurs in result with separate opinion. Attorney for appellant: Lisa Johnson. Attorneys for appellee: Attorney General Todd Rokita, Alexandra Sons.

Anastasia Blanchard v. HRC Hotels, LLC d/b/a TownePlace Suites by Marriott Fort Wayne North
24A-CT-2442
Civil tort. Affirms an Allen Superior Court jury’s verdict in favor of HRC Hotels, LLC, which found that Anastasia Blanchard was 68% at fault and that the hotel was only 32% at fault when Blanchard was injured in a fall in the hotel’s parking lot. Finds the trial court did not abuse its discretion to “exercise reasonable control” over the mode of examining a witness so as to avoid wasting time and protect the witness from harassment. Also finds the trial court didn’t err by denying Blanchard’s motion for judgment on the evidence. Judge L. Mark Bailey concurs in part and dissents in part, with separate opinion. Attorneys for appellant: Brandon Yosha, Bryan Tisch, Alexander Trueblood. Attorneys for appellee: Michael Raudebaugh, Codie Ross.

Monday opinions
Indiana Court of Appeals
Esequiel Trejo, Jr. v. State of Indiana
25A-CR-39
Criminal. Affirms a St. Joseph Superior Court jury’s finding Esquiel Trejo, Jr. guilty of murder. Finds that Trejo’s murder conviction is supported by sufficient evidence and that the state waived its argument on cross-appeal that the trial court erred in failing to enter a judgment of conviction for conspiracy to commit murder. Attorney for appellant: Thomas Keller. Attorneys for appellee: Attorney General Todd Rokita, Steven Hosler.

Beaver Gravel Corporation, d/b/a Beaver Materials, et al. v. Eros Valdovich, et al.
24A-PL-2494
Civil plenary. Affirms the Hamilton Superior Court’s reversal of a Noblesville Board of Zoning Appeals decision to grant a zoning variance for Beaver Gravel Corporation to operate a sand and gravel mine in a residential area of Noblesville. Finds that because Beaver failed to present evidence that the property cannot reasonably be put to a conforming use, the BZA erred in determining that the unnecessary hardship element was met. Also finds that, as all five variance requirements must be satisfied for a variance to be granted, the BZA’s decision must be set aside as unsupported by substantial evidence under Indiana Code § 36-7-4-1614(d)(5). Attorneys for appellant: Jenny Buchheit, Timothy Ochs, Andrew Miroff, Abby DeMare. Attorney for appellees: Raegan Gibson.

Antoinette McNary v. State of Indiana
25A-CR-781
Criminal. Reverses Antoinette McNary’s conviction in Marion Superior Court for resisting law enforcement. Finds there is insufficient evidence that McNary forcibly resisted, obstructed, or interfered with the arresting officer in the course of his lawful enforcement duties. Remands with instructions for the trial court to enter a judgment of acquittal. Attorneys for appellant: Talisha Griffin, Timothy Burns. Attorneys for appellee: Attorney General Todd Rokita, Jennifer Anwarzai, certified legal intern Gabriela Alvarez.