Court opinions

Indiana Court of Appeals
Monroe County Board of Zoning Appeals v. William J. Huff, II Revocable Trust, et al.
24A-PL-2771

Civil. Appeal from the Monroe Circuit Court. Special Judge Erik C. Allen. Reverses the trial court’s order that set aside the Monroe County Board of Zoning Appeals’ denial of a variance. Holds the BZA properly classified Huff’s request as a design standards variance, not a use variance, and that collateral estoppel barred relitigation of statutory arguments previously rejected in a related enforcement action. Further holds the BZA’s determination that Huff failed to establish “practical difficulties” was not arbitrary, capricious, or unsupported by substantial evidence. Concludes the trial court improperly reweighed evidence and substituted its judgment for that of the BZA. Reinstates the BZA’s denial of the variance. Appellant attorneys: David Schilling, Justin Roddye. Appellee attorneys: Chou-il Lee, Jeffrey Stemerick, Jeffrey Parker.

Indiana Court of Appeals
State of Indiana v. Penny C. Lane, Michael G. Lane, and Keely Garrison
25A-DC-2328

Domestic relations. Appeal from the Boone Circuit Court. Judges Lori N. Schein and Robert W. Freese. Reverses the trial court’s order finding S.L. emancipated and terminating Penny Lane’s child support obligation. Holds the record does not support emancipation under Indiana Code § 31-16-6-6 because there was no evidence that S.L. initiated action placing himself outside parental control or that he was self-supporting. Finds the trial court erred by granting emancipation and terminating support without a hearing and without competent evidence, relying on Indiana Supreme Court precedent requiring both the child’s initiative and self-support for emancipation. Remands with child support obligation reinstated. Attorneys for appellant: Attorney General Theodore E. Rokita, Deputy Attorney General Alexandria Sons. Attorney for appellee Penny Lane: Tara L. Cragen.

Indiana Court of Appeals
Taylor D. Hunt v. State of Indiana
25A-CR-1260

Criminal. Appeal from the Allen Superior Court. Judge Steven O. Godfrey. Affirms Hunt’s Level 3 felony conviction for possession of methamphetamine and his 12-year sentence. Finds sufficient evidence supported the conviction where police recovered two bags of identical tablets from Hunt’s pocket, one tablet tested positive for methamphetamine, and Hunt told officers the tablets would test positive, allowing the trial court to infer the untested tablets were the same substance. Also finds the sentence not inappropriate under Appellate Rule 7(B), citing the dangerous circumstances of the offense, Hunt’s criminal history, repeated probation violations, and the fact the offense was committed while on parole. Attorneys for appellant: Gregory L. Fumarolo. Attorneys for appellee: Attorney General Theodore E. Rokita, Deputy Attorney General Alexandria Sons.

7^th Circuit Court of Appeals
Randall N. Martin v. Robert A. Goldsmith, et al.
23-2277

Civil. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon. Reverses the district court’s dismissal of Randall Martin’s claims against Tippecanoe County Prosecutors Patrick Harrington and Jason Biss that the prosecutors coerced him into resigning as a lieutenant from the Tippecanoe County Sheriff’s Office in violation of Martin’s rights under state law and his procedural due process rights under the 14^th Amendment. Finds the prosecutors had absolute and qualified immunity for their filing of Brady/Giglio disclosures in Martin’s criminal cases but also finds that they have not met their burden of showing that absolute immunity applies for their other Brady/Giglio disclosures to the Tippecanoe County Bar Association, the Town of Dayton, or the Town of Flora. Also reverses the district court’s dismissal of Martin’s claims against Sheriff Robert Goldsmith. Remands for further proceedings. Attorneys for appellant: John Kautzman, Elizabeth Bernis, Nicholas Snow. Attorneys for appellees: Douglas Masson, Benjamin Jones, Alexander Carlisle.

Indiana Court of Appeals
Westwood Veterinary Clinic, LLC v. Amber Blackburn
25A-PL-1082
Civil plenary. Affirms the Hamilton Circuit Court’s grant of summary judgment to Amber Blackburn on Westwood Veterinary Clinic’s complaint and Blackburn’s counterclaim. Finds Westwood failed to demonstrate that the trial court abused its discretion by awarding sanctions, failed to demonstrate that the trial court erred by granting Blackburn’s motion for summary judgment and failed to demonstrate that the trial court abused its discretion in awarding Blackburn attorney fees. Attorney for appellant: Heather McClure O’Farrell. Attorney for appellee: Benjamin Fultz.

Indiana Court of Appeals
In re: the Marriage of: Kevin Weinzapfel v. Melissa Weinzapfel
25A-DR-1102
Domestic relations with children. Reverses the portion of the Vanderburgh Superior Court’s order regarding the father’s child support obligation and remands for recalculation of Father’s parenting time credit and support obligation. Finds the trial court erred when it gave the father parenting credit of 98 overnights in its calculation of his child support obligation because no evidence existed to support that decision and the trial court did not explain its deviation as required by Indiana Child Support Guideline 6. Also on remand, asks the trial court to include a finding to explain to the father why it discontinued the reduction of the father’s child support obligation based on his assignment of the majority of the marital debt. Also finds the trial court did not err when it determined the son did not repudiate his relationship with the father and thus the father was responsible for a portion of post-secondary expenses. Additionally, the trial court did not abuse its discretion when it credited the CDV Benefit to the son’s portion of college expenses. Attorney for appellant: Katherine Worman. Attorney for appellee: Jeff Shoulders.

Indiana Court of Appeals
The Trustees of Indiana University v. Chris Bradberry, et al.
25A-CT-284
Civil tort. Reverses the Monroe Circuit Court’s denial of Indiana University’s motion for summary judgment after Chris Bradberry and his parents sued the university for negligence. Finds the football program’s strength and conditioning coaches instructed Bradberry to perform an exercise that was within the range of ordinary behavior involved in football S&C. Also finds the Bradberrys failed to designate any evidence creating a genuine issue of fact that the S&C coaches intentionally or recklessly caused Bradberry’s injuries. Remands with instructions for the trial court to grant IU’s motion for summary judgment. Attorneys for appellants: Jonathan Mattingly, Hamish Cohen, Jeffrey Furminger, Jennifer Adams. Attorney for appellees: Christopher Stevenson.

7^th Circuit Court of Appeals
Julius Omar Robinson v. Brian Lammer, Warden, USP Terre Haute
24-3040
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Hanlon.  Affirms Julius Robinson’s convictions of murders committed in the course of drug offenses. Finds that Robinson had every opportunity to argue before trial, at trial, after trial, on direct appeal, and on collateral review under §2255 that the indictment was deficient. Also finds the Suspension Clause does not entitle him to any further chances. Attorney for appellant: Jonathan Aminoff. Attorneys for appellee: Bob Wood, Jonathan Bradshaw, Colin Clark.

Indiana Court of Appeals
Christopher T. Tandy v. State of Indiana
25A-CR-97
Criminal. Affirms Christopher Tandy’s convictions for of murder and auto theft and the Clark Circuit Court’s denial of Tandy’s motion for relief from judgment alleging prosecutorial misconduct. Finds Tandy waived his prosecutorial misconduct claim. Also finds that the deputy prosecutor’s comment neither amounted to misconduct nor placed Tandy in grave peril, and thus, the trial court did not err in denying Tandy’s motion for relief from judgment.  Judge Elizabeth Tavitas dissents with separate opinion. Attorney for appellant: Matthew McGovern. Attorneys for appellee: Todd Rokita, Rebekah Bennett, Courtney Staton, Certified Legal Intern Gabriela Alvarez.

Indiana Court of Appeals
Carlos Martin Francisco v. State of Indiana
25A-PC-1688
Post-conviction relief. Affirms the Cass Superior Court’s denial of Carlos Francisco’s petition for post-conviction relief. Finds the post-conviction court did not err when it concluded that Francisco received effective assistance or when it concluded that his plea was knowing, intelligent, and voluntary. Also finds the court therefore did not err when it denied his petition for post-conviction relief Attorney for appellant: David Faherty. Attorneys for appellee: Todd Rokita, Ellen Meilaender.

Indiana Court of Appeals
Anthony W. Thompson v. State of Indiana
25A-CR-80

Criminal. Affirms the Madison Circuit Court’s denial of Anthony Thompson’s motion to suppress and his convictions for Level 5 felony possession of methamphetamine and three counts of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds that the search warrant was supported by probable cause, and, therefore, the admission of the evidence at trial did not violate Thompson’s Fourth Amendment or Article 1, Section 11 rights. Attorney for appellant: Paul Podlejski. Attorneys for appellee: Todd Rokita, Ian McLean, John Oosterhoff.

Indiana Court of Appeals
Taylor Mitchell Fischer v. State of Indiana
25A-CR-494
Criminal. Reverses Taylor Fischer’s conviction in Vanderburgh Circuit Court for neglect of a dependent as a level 1 felony and remands for a new trial on that charge. Finds that the erroneously admitted toxicology report was not harmless. Also finds that Fischer has met his burden of demonstrating how, in light of all the evidence in the case, the error’s probable impact undermines confidence in the outcome of the proceeding. Affirms Fischer’s convictions on two counts of neglect of a dependent as level 6 felonies. Attorney for appellant: Mark Leeman. Attorneys for appellee: Todd Rokita, Kathy Bradley.

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of A.L., Mother, J.T., Father, and B.T., Child, A.L. and J.T. v. Indiana Department of Child Services
25A-JT-663
Juvenile termination of parental rights. Affirms the Jay Circuit Court’s termination of father J.T.’s parental rights. Finds the trial court’s conclusion that termination of father’s parental rights was in the child’s best interest was supported by clear and convincing evidence. Reverses the trial court’s termination of mother A.L.’s parental rights. Finds that while it is factually correct that the mother had not engaged in services from Department of Child Services, the trial court’s conclusions that the mother had not engaged in services, benefited from services, and had not improved her ability to parent the child are not supported by the evidence. Finally, finds that, by failing to present the statutory notice issue to the trial court, the father waived his argument regarding a lack of statutory notice. Remands for further proceedings. Attorneys for appellant: Joshua Brown, Ana Quirk. Attorneys for appellee: Todd Rokita, Monika Talbot.

Indiana Court of Appeals
Aaron Howe and Kinsey Howe v. Lehe Farms, Inc. and DK Livestock, LLC
25A-PL-226
Civil plenary. Affirms the White Circuit Court’s order granting judgment to LeheFarms, Inc. and DK Livestock LLC for its claims to quiet title to a disputed 2.7-acre strip of land under three theories: title by acquiescence, adverse possession, and prescriptive easement. Finds the trial court carefully evaluated extensive testimony showing nearly 70 years of consistent boundary recognition between the Lehes and the Hendryx family. Also finds the evidence amply supported the trial court’s conclusion that both families, through their conduct, implicitly agreed to the fence as the boundary between their properties. Attorney for appellant: Aaron Spolarich. Attorneys for appellee: Brian Karle, John Schafer.

7^th Circuit Court of Appeals
Airrion S. Blake v. United States of America
23-2399
Prisoner. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph Van Bokkelen. Affirms Airrion Blake’s convictions in district court for making a false, fictitious, or fraudulent claim and theft of government money. Finds when Blake went to trial and was convicted on charges of tax fraud in March 2018, he was represented by a licensed attorney. Also finds Blake’s § 2255 motion to vacate his sentence based on ineffective assistance of counsel required him to show that his trial attorney performed deficiently in ways that prejudiced his case, which Blake has not demonstrated. Attorney for appellant: Kevin Weehunt, Jr. Attorneys for appellee: David Hollar, Nathaniel Whalen.

Indiana Court of Appeals
Matthew Dale Thies Sr. v. State of Indiana
24A-PC-2600
Post-conviction relief. Affirms the Dearborn Superior Court’s denial of Matthew Thies’ petition for post-conviction relief. Finds Thies has failed to demonstrate that a reasonable jury could have reached a different verdict but for counsels’ alleged errors. Also finds that even if trial counsels’ performance may have fallen short of ideal standards in some respects, Thies has failed to prove that he was prejudiced by the alleged errors. Finally, finds the post-conviction court, therefore, did not err in determining that Thies did not prove that he had received ineffective assistance of trial counsel. Attorney for appellant: Michael Cunningham. Attorneys for appellees: Todd Rokita, Robert Yoke.

Indiana Court of Appeals
Indiana State Health Commissioner, in the officer’s official capacity, and Voices for Life, Inc. v. Caitlin Bernard, M.D., and Caroline Rouse, M.D.
25A-PL-782
Civil plenary. Affirms the Marion Superior Court’s order that concluded that Caitlin Bernard and Caroline Rouse had standing as doctors to seek a declaratory judgment and were entitled to a preliminary injunction prohibiting the Indiana Health Commissioner from disclosing terminated pregnancy reports in response to any Indiana Access to Public Records Act requests. Finds the trial court did not err in concluding that the doctors have standing to seek a declaratory judgment. Also finds the absence of a patient’s name from a TPR does not make it something other than a patient medical record. Finally, finds that the trial court did not abuse its discretion in granting the doctors a preliminary injunction as to the TPRs submitted by doctors. Attorneys for appellants: Todd Rokita, James Barta, Katelyn Doering, Patrick Gillen, Benjamin Horvath. Attorneys for appellees: Tanya Pellegrini, Kathrine Jack, Stephanie Toti, Juanluis Rodriguez.

Indiana Court of Appeals
In the Matter of: T.F. and M.F. (Minor Children) and D.F. (Mother) v. Indiana Department of Child Services
25A-JC-1450
Juvenile CHINS. Affirms the Shelby Superior Court’s adjudication of D.F.’s children, T.F. and M.F., as children in need of services and the dispositional decree continuing their removal from her care. Finds that the mother has not demonstrated the trial court abused its discretion when adjudicating children as CHINS or entering the dispositional decree. Attorney for appellant: Cara Wieneke. Attorneys for appellee: Todd Rokita, Abigail Recker.

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.