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Indiana Court of Appeals
Travis S. Chandler v. State of Indiana
No. 25A-CR-2553

Criminal. Appeal from the Brown Circuit Court, Judge Mary Wertz. Affirms the denial of Chandler’s petition to file a belated appeal and remands with instructions to permit a belated notice of appeal. Holds the trial court did not abuse its discretion in denying relief under Post-Conviction Rule 2 because belated appeals are not available for probation revocation orders under controlling Indiana Supreme Court precedent; however, concludes extraordinarily compelling reasons justify resurrecting Chandler’s forfeited appeal where he timely communicated his desire to appeal, the failure resulted from counsel not hearing him, and he acted diligently once the issue was discovered. Judge Felix authored the opinion. Judges May and Mathias concur. Appellant’s attorney: Kurt A. Young, Nashville, Indiana. Appellee’s attorneys: Office of the Indiana Attorney General.

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Indiana Court of Appeals
Nicole Olbera, et al. v. Tiara Sykes
No. 25A-JP-2005

Juvenile. Appeal from the Marion Superior Court, Magistrate Daun A. Weliever. Reverses and remands with instructions. Holds the trial court erred in dismissing Demaj Baker’s paternity petition and in determining Sykes was the child’s legal parent because, although the marital presumption applied to Sykes as a same-sex spouse, that presumption is rebuttable and Baker presented clear and convincing evidence rebutting it by establishing his biological parentage and the absence of any enforceable sperm donor agreement relinquishing his parental rights; the court further concludes the trial court improperly treated the presumption as a rule of parentage rather than a rebuttable presumption. Judge DeBoer authored the opinion. Judges Brown and Altice concur. Appellants’ attorneys: Thomas Roberts, Roberts Law, Noblesville, Indiana; Georgia Dunkerley, Harshman Ponist Smith & Rayl, Indianapolis, Indiana. Appellee pro se: Tiara Sykes.

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Indiana Court of Appeals
Munster Medical Research Foundation, Inc. v. Melodyann Clark, Individually and as Personal Representative of the Estate of Terry F. Clark Jr., Deceased
No. 25A-CT-1827

Civil. Interlocutory appeal from the Lake Superior Court, Judge Calvin D. Hawkins. Affirms in part, reverses in part and remands. Holds the trial court did not abuse its discretion by ordering the hospital to answer the Estate’s requests for admissions because the requests were not ambiguous, were properly used to narrow issues for trial and were proportional to the needs of the case; also concludes the hospital’s objections — including claims of improper purpose and burden — were not substantially justified. However, concludes the trial court erred in awarding attorney fees and expenses without first providing an opportunity for a hearing as required by Trial Rule 37, and that the error was not harmless because the hospital was denied a meaningful opportunity to challenge the amount and reasonableness of the fees. Judge Felix authored the opinion. Judges Brown and Scheele concur. Appellant’s attorney: Adam J. Sedia, Johnson & Bell, P.C., Crown Point, Indiana. Appellee’s attorney: Daniel B. Vinovich, Hilbrich Cunningham Dobosz Vinovich & Sandoval, LLP, Highland, Indiana.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.