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Appeal from the Hamilton Superior Court, Judge David K. Najjar, Magistrate A.J. Johnson. The appellate court finds that the trial court abused its discretion by granting default judgment against the defendants and lacks personal jurisdiction over Rawle, Montgomery McCracken, and Powell. The appellate court determined that the defendants’ motion to dismiss, which included challenges to personal jurisdiction, was still pending at the time of the default judgment, and therefore, the court should have addressed that motion first. The appellate court reversed and remanded the case with instructions to dismiss the claims against the aforementioned defendants due to lack of jurisdiction, while allowing further proceedings against the Center. Judge Kenworthy authored the opinion, with Judges Bradford and Pyle concurring. Appellants’ attorney: Charles R. Whybrew, Lewis Wagner & Trimble, Indianapolis. Appellee’s attorney: Paul B. Overhauser, Overhauser Law Offices LLC,
Greenfield.

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Indiana Court of Appeals
Jennifer T. (Garnet) Behrens, M.D., and Emergency Medicine of Eastern Indiana, P.C. v. Jerry O. Warren
No. 25A-CT-655

Appeal from the Wayne Circuit Court, Judge April R. Drake. Medical defendants appeal from a jury verdict in favor of Jerry O. Warren in a medical malpractice lawsuit, asserting that the trial court abused its discretion in admitting a photograph as evidence and denying their motion for a mistrial based on alleged juror tampering. The court found that the photograph, which was deemed admissible, did not violate evidentiary rules as it was properly authenticated by witness testimony reflecting its accuracy. The court also determined the trial court acted within its discretion by rejecting the mistrial motion due to the isolated nature of the juror’s disclosure and lack of impact on other jurors. The judgment is affirmed. Judge Pyle authored the opinion, with Judge Mathias concurring and Judge Vaidik concurring in part and concurring in result in part, expressing agreement with the mistrial decision but suggesting a different analysis on the evidentiary issue. Appellants’ attorneys: Michael E. O’Neill and Kelly K. McFadden, O’Neill McFadden & Willett LLP, Schererville. Appellee’s attorneys: Lance D. Cline and Lindsay N. Popejoy, The Cline Law Firm LLC, Carmel.

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Indiana Court of Appeals
State of Indiana v. Scott L. Manges
No. 26A-CR-710

Interlocutory appeal from the Hendricks Circuit Court, Senior Judge Robert W. Freese. The trial court excluded victim from testifying at trial as a sanction for the state’s failure to provide an audio/video recording of her initial interview with police, which was claimed to be crucial for the defense. The Court of Appeals held that the trial court abused its discretion in this ruling, noting that Manges had not shown that the state acted in bad faith, and quantifying the alleged prejudice as speculative rather than substantial. Consequently, the court reversed the trial court’s decision and remanded for further proceedings. Judge Bradford authored the opinion, with Chief Judge Tavitas and Judge Felix concurring. Appellant’s attorney: Office of the Indiana Attorney General. Appellee’s attorney: Stacy R. Uliana, Bargersville.

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Indiana Court of Appeals
Jessika Aarius Terrell v. State of Indiana
No. 26A-CR-861

Appeal from the Marion Superior Court, Judge Jeffrey L. Marchal. Jessika Aarius Terrell was convicted of three counts of Level 5 felony kidnapping and three counts of Level 6 felony interference with custody, receiving a 10-year sentence with part served in the Department of Correction and part suspended to probation. Upon appeal, the court found double jeopardy between the convictions, reversed the interference with custody convictions, and remanded for resentencing on the kidnapping convictions. On remand, a nine-year sentence was imposed, with the court citing Terrell’s poor conduct in prison as an aggravating factor. Terrell’s appeal on the basis that the trial court could not consider post-sentencing behavior was rejected, affirming that evidence of a defendant’s conduct after original sentencing can be taken into account. Judge Vaidik authored the opinion, with Judges Altice and Foley concurring.
Appellant’s attorney: Timothy Morgan, Marion County Public Defender Agency, Indianapolis. Appellee’s attorney: Office of the Indiana Attorney General.

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