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Court of Appeals of Indiana
Betty A. Leon, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff
No. 25A-CR-2182

Appeal from the Huntington Superior Court, Judge Jennifer E. Newton. Betty A. Leon appeals her convictions for several drug-related charges, including Level 2 felony dealing in methamphetamine. The court reverses her conviction for Level 6 felony unlawful possession or use of a legend drug due to insufficient evidence that the pill in question was Cyclobenzaprine. However, the court affirms her 26-year sentence, determining it is not inappropriate given the nature of her offenses, including the large quantity of methamphetamine possessed and her extensive criminal history. Judge May authored the opinion, with Judges Mathias and Felix concurring. Appellant’s attorney: Cara Schaefer Wieneke, Wieneke Law Office, LLC, Brooklyn, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.

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Indiana Supreme Court
Carlos T. Ortiz v. State of Indiana
No. 25S-CR-303

Appeal from the Elkhart Circuit Court, Judge Michael A. Christofeno. Carlos T. Ortiz sought to bring a belated appeal after pleading guilty to murder, arguing that an improper aggravator was used during sentencing. The Indiana Supreme Court affirmed the trial court’s dismissal of Ortiz’s petition for belated appeal, ruling that he was not an “eligible defendant” because he waived his right to appeal under the plea agreement and did not assert that his sentence was illegal as defined in prior case law. The dismissal was modified to be without prejudice. Justice Slaughter authored the opinion, with Chief Justice Rush and Justices Massa and Molter concurring, while Justice Goff concurred with a separate opinion. Attorneys for appellant: Amy E. Karozos, public defender; Archer “Randy” Rose Jr. and Emily L. Hopp, deputy state public defenders. Appellee’s attorneys: Office of the Indiana Attorney General.

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Court of Appeals of Indiana
Brittney Keisler, Individually and as Natural Parent and Next Friend of Lilee Keisler, Deceased v. Indiana Department of Insurance Patient’s Compensation Fund c/o Holly W. Lambert, Commissioner
No. 25A-CT-2034

Appeal from the Marion Superior Court, Judge Timothy W. Oakes. Affirms the trial court’s denial of Brittney Keisler’s motion for summary judgment. Keisler sought excess compensation from the Indiana Department of Insurance Patient’s Compensation Fund after settling a wrongful death claim for her daughter Lilee’s death due to alleged medical malpractice. Keisler argued that her emotional distress claim was separate; however, the court ruled that her emotional distress arose from Lilee’s death and thus was not distinct. The ruling followed precedent indicating that damages from malpractice are capped based on the actual victims, reaffirming that Keisler’s recovery is limited to one statutory cap as she was not the “actual victim” of the malpractice. Judge Felix authored the opinion, with Judge Mathias concurring and Judge May dissenting. Judge May concluded Keisler was not merely a third-party claimant grieving her daughter’s death, but also a traditional patient whose own providers breached duties owed directly to her by failing to correct their breastfeeding instructions after learning of the infant’s galactosemia diagnosis. May reasoned that Keisler’s emotional injury stemmed from unknowingly becoming “the unwitting physical instrument” of her daughter’s harm while relying on her providers’ medical advice, making her an actual victim of malpractice entitled to a separate statutory damages cap under the Medical Malpractice Act. May would have reversed and remanded for entry of judgment in Keisler’s favor on the statutory cap issue. Attorneys for appellants: Hannah K. Brady, Michael E. Simmons, Hume Smith Geddes Green & Simmons LLP, Indianapolis, Indiana; Andrea R. Simmons, Cohen & Malad LLP, Indianapolis, Indiana. Attorneys for appellees: Office of the Indiana Attorney General.

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