Court opinions

Indiana Court of Appeals
Judy Reece v. Tyson Fresh Meats, Inc., et al.
20A-CT-214
Civil tort. Majority affirms the grant of summary judgment in favor of Tyson Fresh Meats Inc. and Tyson Foods Inc. in a lawsuit alleging that tall grass on its property obstructed the view of an intersection before a crash in which a motorcyclist sustained catastrophic brain injuries. Finds Tyson negated the element of duty in Reece’s negligence claim. Senior Judge John Baker dissents, finding multiple issues of fact rendering summary judgment inappropriate, and would consequently reverse and remand for proceedings. Unanimously affirms the trial court’s evidentiary rulings.

The following Supreme Court opinions were posted after IL deadline Tuesday:
Jordan B. Wadle v. State of Indiana
19S-CR-340
Criminal. Affirms and reverses in part Jordan Wadle’s convictions of Level 3 felony leaving the scene of an accident, Level 5 felony operating a vehicle while intoxicated causing serious bodily injury and Level 6 felony counts of OWI endangering a person and OWI with a blood-alcohol concentration of 0.08 or more, and his 16-year sentence with two years suspended to probation. Overrules the Richardson v. State constitutional tests in resolving claims of substantive double jeopardy and instead adopts an analytical framework that applies the statutory rules of double jeopardy. Finds the statutory offenses charged against Wadle were alternative sanctions, so his multiple convictions violate the statutory rules of substantive double jeopardy. Also finds Wadle’s conviction of Level 3 felony leaving the scene of an accident justifies his sentence. Remands for Fayette Superior Court to vacate all but one of Wadle’s convictions, Level 3 felony leaving the scene of the accident, and to leave his sentence in place.

Indiana Court of Appeals
Victoria V. Arrowood v. State of Indiana
20A-CR-667
Criminal. Affirms the revocation of Victoria Arrowood’s placement in community corrections home detention and the order that she serve the remainder of her sentence in the Department of Correction. Finds that because the revocation of probation or placement in community corrections is civil, not criminal, in nature, Article 1, Section 13 of the Indiana Constitution is inapplicable. Also finds Arrowood was not denied her right to counsel.

Indiana Court of Appeals
Judy Vigus, as Administratrix of the Estate of Ruth C. Vigus and the Estate of Eugene Vigus v. Dinner Theater of Indiana, L.P.
19A-CT-1365
Civil tort. Affirms the Marion Superior Court’s judgment for Dinner Theater of Indiana L.P. following a jury trial on Judy Vigus’s complaint alleging negligence as administratrix of the Estates of Ruth C. Vigus and Eugene Vigus. Finds the trial court did not abuse its discretion when it revoked its pretrial order on a judicial admission or when it excluded evidence of communications between the theater’s owners that they would seek a variance in the riser’s height rather than reduce that height. Also finds Vigus has not preserved for review her contention on appeal that the trial court erred when it did not instruct the jury that the theater had made a judicial admission of a building code violation.

Indiana Court of Appeals
Kenneth Lavar Lancaster v. State of Indiana
19A-CR-02970
Criminal. Affirms Kenneth Lancaster’s convictions of three counts of murder. Finds the Marion Superior Court did not err by finding that the statement of Lancaster’s brother was admissible as an adoptive admission. Neither did it err in adding the second statement made by Lancaster, which it found to be plainly admissible. Also finds sufficient evidence to support the convictions. Lastly, finds that the trial court did not err in the sentencing process.