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Opinions Jan. 19, 2017

Indiana Court of Appeals
Dermatology Associates, P.C. and Sonya Campbell Johnson, M.D. v. Elizabeth C. White v. Commissioner of Indiana Department of Insurance, and Douglas J. Hill, Esq., Medical Review Panel Chair
49A02-1512-PL-2189
Civil plenary. Reverses the Marion Superior Court’s denial of Dr. Sonya Campbell Johnson at Dermatology Associates P.C.’s motion for summary judgment alleging Elizabeth White failed to timely file her claim with the Indiana Department of Insurance. Finds the statute of limitations bars White’s action and the providers are entitled to judgment as a matter of law. Judge Paul Mathias dissents with separate opinion.

Statute of limitations bars medical negligence case

After a dermatology appointment left a Marion County woman with facial discoloration that never went away as her doctor said it would, the woman sought damages in a negligence complaint. However, because she failed to prove that she “later learned” that her injury was worse than she thought, the Indiana Court of Appeals held that the woman’s claim cannot proceed in court because it was not timely filed.

COA: Only property owned prior to final separation can be included in marital pot

Only property that is owned or acquired before the date a dissolution petition is filed in a divorce proceeding can be included in the marital pot, the Indiana Court of Appeals found Thursday in an opinion that overturned a lower court’s decision to include stock options vested after the date of a couple’s final separation in the marital pot.

COA: Exigent circumstances justified warrantless search

An Indiana State Police detective did not violate a man’s constitutional rights when he searched a bag in the man’s vehicle without a warrant because there were exigent circumstances that made the warrantless search reasonable, the Indiana Court of Appeals held Thursday.

Justices seek to define ‘indisputably’ in K-9 case

After leading South Bend police officers on a five-minute vehicular chase through city streets, Royce Love eventually stopped his van and was ordered to exit it. Love’s account of what happened next varies significantly from the officers’ account, and that disparity was the main issue the justices of the Indiana Supreme Court sought to resolve when they heard arguments in the case Thursday.

Retiring Rucker says he’s no trailblazer, but urges diversity on court

As the first African-American to serve on the Indiana Court of Appeals and just the second on the Indiana Supreme Court, retiring Justice Robert Rucker said he doesn’t think of himself as a trailblazer, but he said it’s important the state’s high court look like the population of the state.

Rush touts pro bono, partnerships in State of Judiciary

More than 7,000 Indiana attorneys donated more than 220,000 hours of pro bono service to Hoosiers in need last year, numbers Indiana Supreme Court Chief Justice Loretta Rush said reflect the state judiciary’s commitment to a collaborative approach to the practice of law.

Rush Rucker

Opinions Jan. 18, 2017

Indiana Court of Appeals
Elberta N. Jackson v. State of Indiana
27A02-1607-CR-1717
Criminal. Affirms Elberta N. Jackson’s conviction for operating a vehicle with an alcohol concentration equivalent to at least 0.15 as a Class A misdemeanor, resisting law enforcement as a Class A misdemeanor, and disorderly conduct as a Class B misdemeanor. Finds that there is sufficient evidence to support Jackson’s conviction and that her due process rights were not violated.

Judges affirm man’s handgun conviction

A Vanderburgh Circuit judge tendered a proper jury instruction on the charge of carrying a handgun without a license, the Indiana Court of Appeals held Wednesday in affirming a man’s conviction.

Trump meets with Supreme Court candidate

President-elect Donald Trump has met with one of the judges on his short list for potential Supreme Court nominees, less than two weeks before he is expected to announce his choice for the nation's highest court.

US judge OKs plan for Caesars’ unit to exit $18B bankruptcy

A federal judge gave the thumbs-up Tuesday to a plan to reorganize a subsidiary of casino giant Caesars Entertainment Corp., clearing the way for the operating unit to exit bankruptcy two years after filing for Chapter 11 protection with $18 billion in debt.

US Supreme Court hears case over deportations

The Obama administration tried to persuade the Supreme Court of the United States Tuesday to retain a federal law that makes it easier to deport immigrants who have been convicted of crimes.

Opinions Jan. 17, 2017

Indiana Court of Appeals
In Re: the Grandparent Visitation of G.S., J.S. v. M.S.
30A01-1608-DR-1801
Domestic relation. Reverses in part a Hancock Circuit Court order mandating G.S. be permitted to have contact with other paternal relatives when participating in grandparent visitation with M.S. Finds there is no statutory authority for a trial court to order a child to have visitation with anyone other than a grandparent in the face of a parent’s objections.