Court opinions

Indiana Court of Appeals
Dennis Robinson, et al. v. Dana Nunley, et al.
25A-TR-189
Trust. Reveres the Jasper Circuit Court’s he trial court’s order interpreting an amendment to the Janet L. Robinson Revocable Living Trust Agreement to have the grandchildren share a $170,993.01 payment out of the residuary of the revocable trust prior to the final distribution of the residuary. Finds the trial court interpreted the first amendment to the revocable trust to reflect an intention by Robinson to do something other than what the language of the amendment states. Attorneys for appellants: Matthew Land, Katherine Piscione. Attorneys for appellees: Jackie Starbuck, Brian Karle.

Indiana Court of Appeals
State of Indiana v. Mitchell Jay Bozarth
25A-CR-978
Criminal. Reverses the Wayne Superior Court’s granting of Mitchell Bozarth’s motion to dismiss his charges of dealing in a narcotic drug, a Level 2 felony, and operating a vehicle while intoxicated endangering a person, a Class A misdemeanor. Finds the dashcam video was not materially exculpatory and was at most potentially useful given that Bozarth admitted that the heroin belonged to him. Also finds that because the evidence was merely potentially useful, Bozarth was required to show bad faith on the part of the police in failing to preserve the video, there was no evidence of bad faith and the trial court abused its discretion in granting Bozarth’s motion to dismiss. Attorneys for appellant: Todd Rokita, Jesse Drum. Attorney for appellee: Peter Capofari.

Indiana Court of Appeals
Mary Kem, Kevin J. Roseberry, Rita J. Bass, and Fred E. Kem v. Reggie Spencer
24A-PL-1936
Civil plenary. Affirms the Grant Circuit Court’s order that denied Mary Kern, Kevin Roseberry, Rita Bass and Fred Kern’s motion to transfer venue to Jasper County. Finds that Grant County is a preferred venue under Indiana Trial Rule 75(A)(2). Also finds that the trial court did not err when it denied their motion to transfer venue for their complaint from Grant County to Jasper County. Attorneys for appellant: Gregory Neibarger, Charles Oswald. No attorney listed for appellee.

Indiana Court of Appeals
CSX Transportation, Inc. and Daniel B. Cox v. Jasmina Poluciano, Maya Poluciano, and Adny Poluciano, by next friend and parent, Jasmina Poluciano
25A-CT-393
Civil tort. Affirms the Marion Superior Court’s order order denying CSX Transportation and Daniel Cox’s motion to transfer venue in a negligence action filed against them by Jasmina Poluciano and her children, Maya Poluciano and Adny Poluciano. Finds that because the defendants have not shown that the Hendricks County location meets the definition of a “principal office” for purposes of Trial Rule 75(A)(4)’s preferred venue status, the trial court did not err by denying the defendants’ motion to transfer venue to Hendricks County. Attorneys for appellants: Sarah Dimmich, Paul Jefferson. Attorneys for appellees: Robert King, Jr., David Thompson.

7^th Circuit Court of Appeals
Lorena E. Bostic v. Clarence D. Murray and Jan Parsons
23-1665
Civil. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joshua Kolar. Affirms the district court’s granting of summary judgment in favor of Lake County probation officer Miroslav Radiceski’s supervisors, Judge Clarence Murray and Jan Parsons. Finds Parsons and Murray could have done more to prevent Radiceski’s abuse of authority, but their behavior did not rise to a level of deliberate indifference and they were entitled to qualified immunity. Also finds they did not violate Lorena Bostic’s constitutional rights. Attorneys for appellant: David Gladish, Mark Schocke. Attorneys for appellees: Kyle Hunter, James Barta, Benjamin Jones, Katelyn Doering.

Indiana Court of Appeals
Billy G. Luke v. State of Indiana
24A-CR-2668
Criminal. Affirms Billy Luke’s convictions in Dearborn Circuit Court of f multiple counts of stalking as Level 4 felonies and invasion of privacy as Level 6 felonies and his sentence to 61.5 years in prison. Finds the trial court did not err by denying Luke’s motion to dismiss the stalking charges, the trial court did not err by denying Luke’s motion to sever the charges and the state presented sufficient evidence to support Luke’s convictions for invasion of privacy regarding the 2019 no contact order. Also finds Luke’s sentence is not unconstitutionally disproportionate. Attorney for appellant: R. Patrick Magrath. Attorneys for appellee: Todd Rokita, George Sherman.

Indiana Court of Appeals
Tejinder Aulakh  and Mohinder Aulakh, Harbhajan Aulakh, Northlake Investment LLC, and Greenhill Investment LLC v. Navneet Aulakh
24A-DC-3027
Domestic relations with children. Affirms the Hendricks Superior Court’s division of property and child support award in the dissolution of Tejinder Aulakh’s marriage to Navneet Aulakh. Finds the trial court properly denied the motion for summary judgment filed by Northlake Investment LLC and Greenhill Investment LLC. Also finds the husband has failed to demonstrate that the trial court’s conclusions regarding the contents of the marital estate, valuation of marital assets, division of the marital estate, or child support are clearly erroneous. Attorneys for appellants: Bryan Ciyou, Anne Lowe. William Riley, Russell Cate, Sundeep Singh. Attorneys for appellee: Brian Zoeller, Gabriel Hawkins, Michael McBride, Julie Andrews.

Indiana Court of Appeals
Janette Sue Jackson, Jody Ann Stanley, and Jeffrey Lynn Jackson v. Jay Thomas Jackson
25A-CT-1575
Civil tort. Reverses the Clark Superior Court’s order entering summary judgment in favor of Jay Thomas Jackson. Finds Janetta Jackson, Judy Stanley and Jeffrey Jackson presented clear and convincing evidence of unilateral mistake in the first deed and that both corrections made by the second deed—correcting the intended donees of her gift and correcting the legal description of Woodburn Farm—reflected their mother’s actual intent in making the gift to the siblings. Also finds Jay Jackson does not point to designated evidence establishing the existence of a question of fact as to the intent of the mother as the donor. Remands with instructions to grant the siblings’ motion for summary judgment, deny Jay’s motion for summary judgment, dismiss Jay’s complaint, issue an order that the first deed did not convey any interest in Woodburn Farm to Jay, and enter any further necessary orders consistent with this opinion. Attorneys for appellants: Jared Baker, Matthew Senko. Attorney for appellee: Robert DeWees III.

Indiana Court of Appeals
Austin T. Wyatt v. State of Indiana
25A-CR-83
Criminal. Affirms the Tippecanoe Superior Court’s denial of the emergency motion for immediate release that Austin Wyatt filed when he was being held in jail awaiting a hearing on a petition to revoke his probation. Finds the trial court did not err in denying Wyatt’s motion for an immediate release because the trial court could still exercise jurisdiction over Wyatt. Remands for further proceedings on the state’s petition to revoke Wyatt’s probation. Attorney for appellant: Robert Little. Attorneys for appellee: Attorney General Todd Rokita, Justin Roebel.

Indiana Court of Appeals
Brady McDaniel v. State of Indiana
25A-CR-798
Criminal. Affirms the Madison Circuit Court’s denial of Brady McDaniel’s motion for a mistrial. Finds the court gave a timely admonishment to the jury to disregard the improper reference to McDaniel’s conditional driver’s license. Also finds the trial court did not abuse its discretion when it denied the motion for a mistrial. Attorney for appellant: Brandon Townsend. Attorney for appellee: Attorney General Todd Rokita, Courtney Staton

Indiana Court of Appeals
Jason Stanke v. Nichole Schmitt
25A-DC-555
Domestic relations with children.  Affirms the Hendricks Superior Court’s calculation of Nichole Schmitt’s weekly gross income. Finds the trial court erred when it deviated from the parties’ stipulation and recalculated Jason Stanke’s income. Reverses and remands for recalculation of the parties’ respective child support obligations using the father’s weekly gross income as stipulated. Attorney for appellant: Rachelle Ponist. Attorneys for appellee: Zachariah Phillips, Sarah Schnautz.

Indiana Court of Appeals
Craig R. Hendry v. State of Indiana
25A-CR-22
Criminal. Affirms Craig Hendry’s convictions in Vermillion Circuit Court of Level 6 felony stalking and Class B misdemeanor aiding, inducing, or causing harassment. Finds the evidence of Hendry’s impermissible contacts with P.K.—including banging on her door, filming her through her closed blinds, and following her to her car—support his conviction for stalking. Also finds the record supports the conclusion that Hendry’s posting of inflammatory videos on YouTube and his provision of the city’s contact information therewith “so that [his viewers] could call” constituted aiding, inducing, or causing the harassment of city workers. Attorney for appellant: Kay Beehler. Attorneys for appellee”: Attorney General Todd Rokita, Jennifer Anwarzai.

Indiana Court of Appeals
Speedway, LLC v. Kendall Shedd
25A-EX-1386
Workers’ compensation. Dismisses Speedway’s appeal of the Full Worker’s Compensation Board’s denial of its motion to dismiss Shedd’s claim. The court holds that the board’s order was not a final appealable order, as it did not resolve all issues or include Trial Rule 54(B) certification. The board had found that no settlement occurred between Shedd and the third-party tortfeasor because no payment was issued under the signed release, meaning Speedway’s statutory termination argument was premature. The appeal is dismissed for lack of jurisdiction.

Indiana Court of Appeals
Cantor Fitzgerald, L.P. and Tower Bridge International Services, L.P. v. Federal Insurance Company, U.S. Specialty Insurance Company, Liberty Mutual Insurance Company, and National Union Fire Insurance Company of Pittsburgh, PA
25A-PL-1067
Civil plenary. Affirms the Marion Superior Court’s granting of a motion by Federal Insurance Company, U.S. Specialty Insurance Company, Liberty Mutual Insurance Company and National Union Fire Insurance Company to dismiss a complaint filed by Cantor Fitzgerald and Tower Bridge due to lack of personal jurisdiction. Finds the nonresident defendants did not avail themselves of personal jurisdiction in Indiana either through the admittance statute or their contacts with the state. Also finds Cantor did not make a threshold showing that personal jurisdiction might exist over them. Also denies Cantor’s request for more time to conduct discovery. Attorneys for appellants: Gregory Gotwald, Christopher Kozak. Attorneys for appellees: Scott Harkness, Katelyn Juerling, Kelly Milam.

Indiana Court of Appeals
Taylor Building Corporation of America v. Brett Milton, et al.
25A-PL-1290
Civil plenary. Reverses the Carroll Circuit Court’s denial of Taylor Building Corporation of America’s motion to compel mediation and arbitration in a contract agreement dispute with Brett and Amanda Milton. Finds that the parties agreed to mediate and arbitrate the claims filed in this action, Taylor did not waive its right to enforce the mediation and arbitration provisions, and, consequently, the trial court erred in denying Taylor’s motion to compel mediation and arbitration. Remands with instructions for the court to grant that motion and order the parties to participate in mediation and, if necessary, binding arbitration administered by the AAA. Attorneys for appellant: Michael Dorelli, Grantland Clapacs,Zechariah Banks. Attorney for appellees: John Kraft.

Indiana Court of Appeals
Constance Samplawski v. Anchor Land Management, LLC
25A-PL-1210
Civil plenary. Affirms a Porter Superior Court order granting Anchor Land Management, LLC, a preliminary injunction that prohibits Constance Samplawski from blocking Anchor’s use of an easement over her property. Finds the trial court did not abuse its discretion when it concluded Anchor established a reasonable likelihood of success on the merits and entered a preliminary injunction prohibiting Samplawski from blocking Anchor’s use of the easement from the dominant Estate over the servient estate.Attorney for appellant: Patrick McEuen. Attorney for appellee: Daniel Blankenburg.

Indiana Court of Appeals
Catherine Adkins v. State of Indiana
25A-PC-438
Post-conviction relief. Affirms the Wayne Superior Court’s denial of Catherine Adkins’ motion for declaratory judgment that Indiana Post-Conviction Rule 1(10) —a rule limiting when a court may impose a harsher sentence after post-conviction relief— would cap any future sentence for her at 30 years. Finds the rule limits a court’s authority to resentence a defendant for the same offense after post-conviction relief. Also finds it neither curtails the state’s authority to file a new charge based on new evidence nor restricts the sentencing court from applying the proper statutory range to that conviction. Attorneys for appellant: Amy Karozos, James Ackllin. Attorneys for appellee: Todd Rokita, Caroline Templeton.

Indiana Court of Appeals
Treyburn Lakes Homeowners Association, Inc. v. Solomon L. Scott, et al.
25A-CC-646
Civil collections. Reverses the Marion Superior Court’s order where the court refused to include the Treyburn Lakes Homeowners Association, Inc.’s prior attorney fees in the foreclosure decree against Solomon Scott and reduced the association’s request for attorney fees in the foreclosure action itself from $5,754 to $1,424 without conducting a hearing. Finds the trial court abused its discretion by excluding from the foreclosure judgment the amounts for attorney fees and costs awarded in prior judgments that were secured by the association’s lien that was being foreclosed. Also finds the trial court also abused its discretion when it awarded only 20% of the association’s attorney fees and costs associated with the current foreclosure proceeding without conducting a hearing. Remands with instructions for the trial court to: (include unpaid attorney-fee and costs awards from prior judgments in the foreclosure decree and  conduct a hearing at which the parties may present evidence about the reasonableness of the attorney fees requested by the association for this foreclosure proceeding. Attorney for appellant: Zachary Cronkhite. No attorney listed for appellee.

Indiana Court of Appeals
Adil Rafiq v.State of Indiana
25A-CR-269
Criminal. Affirms Adil Rafiq’s convictions in Marion Superior Court of of Level 1 felony child molesting1 and Level 4 felony child molesting, as well as his aggregate sentence of 25 years. Finds Rafiq’s child molesting convictions did not subject Rafiq to double jeopardy, and his 25-year sentence is not inappropriate in light of the nature of his offenses and his character. Attorney for appellant: Josiah Swinney. Attorneys for appellee: Attorney General Todd Rokita, Samuel Dayton.

Indiana Court of Appeals
Harold E. Chastain v. State of Indiana
25A-XP-1105
Expungement. Affirm the Elkhart Superior Court’s s denial of Harold Chastain’s motion to amend his expungement petition. Finds that Chastain’s request to supplement his January 2021 petition to expunge the records from case number FC-75 was not permitted under Indiana Code section 35-38-9-9(k). Attorney for appellant: David Wemhoff. Attorneys for appellee: Attorney General Todd Rokita, Ian McLean.