Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Philip K. Brown, et al. v. The Charles Sturdevant Post of the American Legion Post #46, et al.
25A-PL-513
Civil plenary. Affirms the Tipton Circuit Court’s denial of the Browns’ motions for summary judgment and the court’s granting of the American Legion Post 46’s motion for summary judgment, finding the Legion acquired a parcel of land behind its building in Tipton by adverse possession. Finds the trial court did not err in granting the Legion’s motion for summary judgment and found any error in denying the Browns’ motion to strike to be harmless. Attorney for appellants: Zechariah Yoder. Attorneys for appellees: Gregory Schrage, Peter Hutson.
Bryan Builders, LLC, and Amazon.com Services, LLC v. The Cincinnati Casualty Company, Fair Family Corporation, Steel Services, Inc., Atlantic Casualty Insurance Co., and Scottsdale Insurance
24A-CT-1068
Civil tort. Affirms the Hendricks Superior Court’s granting of Cincinnati Casualty Company’s and Atlantic Casualty Insurance Co.’s motions for summary judgment and the court’s denial of Bryan Builders’ motion for summary judgment. Finds that the Cincinnati Casualty and Atlantic policies do not apply here because Steel Services and Fair Family are not liable for the fire damage. Also finds Amazon’s All-Risk Policy alone covers the damage. Attorneys for appellants: Terrence Brookie, Maggie Smith, Joshua Kutch. Attorneys for appellees: Jerry Huelat, David Mack, Robert Penny, Scott Cockrum, Candace Dickson, Evan Norris, Daniel Drewry, David Taylor, Audrey Smith.
State of Indiana v. Dennis R. Poland, Jr.
24A-CR-2252
Criminal. Reverses the Franklin Circuit Court’s order granting a motion to suppress filed by Dennis R. Poland, Jr. after a Indiana State Police conducted a blood draw on him while he was unconscious following an April 2022 multi-vehicle accident. Finds that law enforcement had probable cause to believe that Poland operated a vehicle while intoxicated. Also finds that the blood draw was reasonable and did not violate Poland’s rights under Article 1, Section 11 of the Indiana Constitution. Attorneys for appellant: Attorney General Todd Rokita, Jodi Stein, Robert Yoke. Attorney for appellee: Garrett Bascom.
Kriston Lamar Barbee Jr. v. State of Indiana
24A-CR-2317
Criminal. Affirms Kriston Barbee, Jr.’s murder conviction in Lake Superior Court. Reverses Barbee’s 125-year total sentence, and remands for entry of a 110-year total sentence. Finds that admitting the challenged evidence was, at most, harmless error. Also finds that considering Barbee’s youth and the Indiana Supreme Court’s inclination to reduce lengthy sentences for juveniles convicted of murder, a downward adjustment to Barbee’s sentence is appropriate. Judge Melissa May concurs in part and dissents in part with a separate opinion. Attorney for appellant: R. Brian Woodward. Attorneys for appellee: Attorney General Todd Rokita, Tyler Banks.
Please enable JavaScript to view this content.