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Opinions Aug. 8, 2013

Indiana Supreme Court
Mary Alice Manley, and Gary Manley v. Ryan J. Sherer, M.D., and Sherer Family Medicine, P.C.
59S01-1205-PL-249
Civil plenary/medical malpractice. Reverses grant of summary judgment in favor of defendants and remands for further proceedings, finding issues of material facts exist as to when plaintiffs knew of alleged malpractice or learned of the facts that should lead to the discovery of malpractice and resulting injury. Summary judgment should have been denied as to the defendants’ claim of absence of an element of causation necessary to establish liability.

Opinions Aug. 7, 2013 ILD

Indiana Court of Appeals
Centurion Federal Credit Union v. Michael Trible (NFP)
82A01-1210-PL-482
Civil plenary. Affirms trial court award of damages to Trible. Finds the trial court did not err in its holdings or in computing damages and that Trible did not fail to mitigate damages.  

Dominique L. White v. State of Indiana (NFP)
02A03-1212-CR-541
Criminal. Affirms sentence of 365 days after White pleaded guilty to operating a vehicle while intoxicated as a Class A misdemeanor.  

Dominique L. White v. State of Indiana (NFP)
02A05-1212-CR-651
Criminal. Affirms aggregate sentence of four years after White pleaded guilty to four counts of neglect of a dependent, each as a Class D felony; one count of operating a vehicle while intoxicated, as a Class D felony; and one count of driving while suspended, as a Class A misdemeanor.  

Dale R. Davidson v. State of Indiana (NFP)
82A01-1302-CR-56
Criminal. Remands for clarification of the sentence imposed on Davidson. Agrees with the state that it is not possible to ascertain what sentence was imposed upon Davidson for his convictions of residential entry, a Class D felony; and three Class A misdemeanors of battery, invasion of privacy and interference with reporting of a crime.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of J.M., Minor child, and J.M. and Z.W. v. Indiana Dept. of Child Services (NFP)
20A03-1301-JT-19
Juvenile. Affirms the involuntary termination of the parental rights of J.M. (mother) and Z.W. (father).

Carlos Ramos v. State of Indiana (NFP)
49A02-1211-CR-949
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor. Finds the evidence presented was sufficient to establish that Ramos understood his right to a trial by jury but preferred to proceed with a bench trial.  

John Jorman, Jr., v. State of Indiana (NFP)
49A04-1203-PC-163
Post conviction. Affirms denial of Jorman’s petition for post-conviction relief.

Daniel Aguilar, III v. State of Indiana (NFP)
64A05-1212-CR-665
Criminal. Affirms conviction of two counts of Class C felony child molesting. However, finds the trial court did not specify in the record the conditions of Aguilar’s probation, remands this case to the trial court so that it can specify in the record the terms of his probation.

Cody Steele v. State of Indiana (NFP)
49A05-1301-CR-14
Criminal. Affirms two-year sentence for escape, as a Class D felony, which was enhanced by one and one-half years due to Steele’s status as a habitual offender.

Shirley Jones v. State of Indiana (NFP)
49A05-1301-CR-4
Criminal. Affirms conviction of battery as a Class A misdemeanor. Concludes that the incredible dubiosity rule is inapplicable and that Jones’s conviction is supported by sufficient evidence.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

Opinions Aug. 7, 2013

Indiana Court of Appeals
Westminster Presbyterian Church of Muncie, an Indiana Non-Profit Corporation v. Yonghong Cheng and Hongjun Niu, Husband and Wife, as parents of Matthew Cheng, deceased
18A02-1210-CT-791
Civil tort. Affirms summary judgment in favor of Westminster in regard to an intentional infliction of emotional distress claim. Reverses denial of summary judgment on wrongful death and invasion-of-privacy claims and remands with instructions to grant summary judgment in favor of Westminster. Finds although the church recommended the babysitter, in whose care Matthew Cheng died, it did not owe a duty to the Cheng family as a matter of law. Also, rules the church’s publicizing the death did not invade on the Chengs’ privacy because the church did not reap any commercial value from doing so.

Dispute over Uptown Business Center in SoBro gets messier

A months-long court feud over a retail building at the southwest corner of 49th Street and College Avenue in Indianapolis has become even more heated now that the owner has sought bankruptcy in an attempt to delay foreclosure on the structure.

Opinions Aug. 6, 2013 ILD

Indiana Court of Appeals
Indiana-American Water Company, Inc. v. Indiana Office of Utility Consumer Counselor, City of Crown Point, Indiana (NFP)
93A02-1301-EX-17
Agency action. Affirms the Indiana Utility Regulatory Commission’s denial of a request to include the costs of an accelerated automated meter-reading replacement program in its distribution system improvement charge.

Marcus L. Wilson v. State of Indiana (NFP)
20A03-1212-CR-557
Criminal. Affirms conviction of Class D felony domestic battery.

In the Matter of the Guardianship of: M.A.M.J., a minor; Diana Sullivan v. Katherine Ashley Oliver (NFP)
29A02-1208-GU-664
Guardianship. Affirms trial court order appointing K.O. as permanent guardian of M.J.’s person and estate.

Lamar Allen Colley v. State of Indiana (NFP)
71A05-1302-CR-89
Criminal. Affirms convictions of Class A misdemeanor battery and interference with reporting a crime.

Travis Cunningham v. State of Indiana (NFP)
09A02-1302-CR-209
Criminal. Affirms conviction of Class A misdemeanor battery and contempt of court.

Cody Hoffman v. State of Indiana (NFP)
78A05-1212-CR-655
Criminal. Affirms sentence on convictions on two counts of Class C felony burglary.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Tuesday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.
 

Opinions Aug. 6, 2013

Indiana Court of Appeals
Robert E. Redington v. State of Indiana
53A01-1210-CR-461
Criminal/firearm seizure. Affirms a trial court order approving the seizure of firearms from a person determined to be dangerous under I.C. 35-47-14-1. The majority concluded that evidence of probative value exists from which the court could have determined by clear and convincing evidence that Redington was dangerous as defined by Ind. Code § 35-47-14-1(a)(2)(B), and accordingly it was within its discretion to order the Bloomington Police Department to retain Redington’s firearms pursuant to Ind. Code § 35-47-14-6(b). Dissenting Judge Patricia Riley would reverse the trial court, holding that Redington was not properly found dangerous under the statute.

Seizure of guns upheld for ‘dangerous’ man who stalked Spierer site

A man who behaved erratically, told far-fetched stories of seeing missing Indiana University student Lauren Spierer, and scoped out the place she was last seen alarmed Bloomington police enough that authorities took from him and his Indianapolis home 51 guns and ammunition.

Habeas writ reverses resentencing from divided COA

A Fulton County man who filed a writ of habeas corpus claiming he was falsely imprisoned won a reversal of a clarified sentencing order Tuesday, with one Court of Appeals judge saying he should be freed entirely.

Opinions Aug. 5, 2013 ILD

Indiana Court of Appeals
In Re the Guardianship of C.S. and A.S.: E.R. v. M.S. and D.S. (NFP)
79A02-1210-GU-863
Civil/guardianship. Reverses and remands a modification of visitation granting more time for paternal grandparents to visit their grandchildren, C.S. and A.S. The panel held the that trial court abused its discretion in failing to restrict the paternal grandparents’ visitation as had been requested by the children’s adoptive father, E.R., who also is their maternal grandfather.

Todd M. Westbrook v. Review Board of the Indiana Department of Workforce Development and Youth Opportunity Center, Inc. (NFP)
93A02-1209-EX-759
Civil/agency action. Affirms dismissal of an appeal of unemployment benefits to the Department of Workforce Development Unemployment Review Board.

Zachariah Galyan v. State of Indiana (NFP)
55A01-1303-CR-140
Criminal. Affirms three-year sentence on a conviction of Class D felony intimidation.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

Opinions Aug. 5, 2013

Brad Kroft v. State of Indiana
49A04-1211-CR-593
Criminal. Reverses and remands on interlocutory appeal denial of a motion to suppress, holding that a state trooper who stopped a motorist because a working tail lamp had a dime-sized hole that emitted white light did not have reasonable suspicion to initiate a traffic stop that resulted in two charges: Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more, and Class C misdemeanor operating a vehicle while intoxicated.