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Opinions Nov. 17, 2021

Court of Appeals of Indiana
Tracey Wheeler v. State of Indiana and Indiana Department of Corrections
21A-MI-1175
Miscellaneous. Reverses the Perry Circuit Court’s dismissal of a negligence complaint by prisoner Tracey Wheeler against the Indiana Department of Correction and remands for further proceedings. Finds Wheeler adequately stated a cause for negligence and the DOC appeared to concede as much by abandoning their challenge to the sufficiency of the allegations. Also finds Wheeler was not required to plead exhaustion of remedies to state a claim for relief. Affirms the dismissal of any other putative claims contained in the complaint by Wheeler.

Opinions Nov. 16, 2021

Indiana Court of Appeals
In Re the Matter of: Paternity of W.M.T., Elizabeth Jackson v. Sharon Thomas
21A-JP-57
Juvenile paternity. Affirms the Hancock Superior Court’s order awarding custody of W.M.T. to Sharon Thomas, the order for Elizabeth Jackson to pay child support to Thomas and the denial of Jackson’s request for attorney fees. Finds the trial court did not abuse its discretion when it admitted certain challenged evidence, nor did it err when it determined that Thomas was W.M.T.’s de facto custodian and that modification of W.M.T.’s custody was in the child’s best interests. Also finds the trial court didn’t err when it excluded W.M.T.’s survivor benefits from the child support calculation. Finally, finds the trial court didn’t abuse its discretion when it denied Jackson’s request for attorney fees.

Workers at federal prisons are committing some of the crimes

| Associated Press

More than 100 federal prison workers have been arrested, convicted or sentenced for crimes since the start of 2019, including a warden indicted for sexual abuse, an associate warden charged with murder, guards taking cash to smuggle drugs and weapons, and supervisors stealing property such as tires and tractors.

Inmate who was key to juvenile life debate is up for parole

| Associated Press

In recent years, hundreds of people once destined to spend the rest of their lives in prison after being convicted of crimes as juveniles have gone free after Supreme Court decisions ruling that young people are capable of change and should be given a second chance. But so far the man whose case has been central to this change — 75-year-old Henry Montgomery — is still behind bars nearly six decades after his 1963 arrest.

Opinions Nov. 15, 2021

Indiana Court of Appeals
Aberdeen Apartments II LLC v. Jessica Miller
21A-CT-1263
Civil tort. Affirms the award of judgment to Jessica Miller against Aberdeen Apartments II and the denial of Aberdeen’s motions to correct error and for relief from judgment after Miller injured herself following a slip-and-fall accident. Finds Aberdeen did not negate the breach element of Miller’s negligence claim, and the Hendricks Superior Court did not err when it denied Aberdeen’s summary judgment motion. Also finds the trial court did not abuse its discretion when it denied Aberdeen’s Trial Rule 60(B)(3) motion to set aside the judgment, or when it denied Aberdeen’s motion to correct error.