Court opinions

Indiana Court of Appeals
In Re the Supervised Estate of Dorothy M. Hall (Decedent), Doloris Tilly v. Jeff Hall and Doris Andres
19A-ES-1450
Estate. Affirms the Floyd Circuit Court’s April 26, 2019 interlocutory order in the supervised estate of Dorothy M. Hall. Finds reversal is not warranted on Doloris Tilly’s argument that her stepbrother Jeff Hall’s affidavits were improperly considered by the trial court. Also finds no abuse of its discretion in denying her request to strike Hall’s responses to her request for admissions. Lastly, finds that Ind. Code § 29-1-14-1 does not require reversal and that Hall was not required to file a separate request to set aside the March 2010 deeds or join stepsister Doris Andres’s petition.

Indiana Court of Appeals
Community Health Network, Inc. v. Heather McKenzie and Daniel McKenzie, individually and as parents and natural guardians of J.M. and O.M., John McKenzie, Deborah West, Michael West, and Katrina Gray
19A-CT-873
Civil tort. Affirms and reverses in part the denial of Community Health Network Inc.’s Trial Rule 12(B)(1) motion to dismiss the complaint brought by Heather McKenzie, Daniel McKenzie, John McKenzie, Deborah West, Michael West, J.M. and O.M., and Community’s motion for summary judgment. Finds the appellees’ claims do not fall within the purview of the Medical Malpractice Act, and the Marion Superior Court properly denied Community’s motion to dismiss. Also finds genuine issues of material fact preclude summary judgment in Community’s favor on the claims involving respondeat superior, negligent training, supervision and retention, and negligence. Finally, finds Community is entitled to judgment as a matter of law, in part, on the respondeat superior claim. Remands with instructions to grant summary judgment in favor of Community on the appellees’ invasion of privacy/intrusion claim.

Indiana Supreme Court
Brandon L. Johnson v. State of Indiana
20S-CR-61
Criminal. Reverses the denial of Brandon Johnson’s request to file a belated notice of appeal. Finds the general waiver of Johnson’s “right to appeal,” particularly when contained in the same sentence as an unenforceable waiver of post-conviction relief, was insufficiently explicit to establish a knowing and voluntary waiver of Johnson’s right to appeal his 12-year sentence for his conviction of Level 4 felony dealing in methamphetamine. Remands with instructions for the Orange Circuit Court to grant Johnson’s motion for permission to file a belated notice of appeal. Justice Geoffrey Slaughter dissents without separate opinion.

Indiana Court of Appeals
Melvin Hall v. Bradley Shaw, Giovanni Narducci, and Central Indiana Protection Agency, Inc.
19A-CT-2533
Civil tort. Affirms and reverses in part the Marion Superior Court’s dismissal of Melvin Hall’s lawsuit against Bradley Shaw, Giovanni Narducci and Central Indiana Protection Agency Inc. alleging defamation, abuse of process, malicious prosecution and intentional infliction of emotional distress, and the partial denial of the defendants’ motion to dismiss Hall’s lawsuit. Finds the trial court erred in denying the defendants’ motion to dismiss Hall’s defamation and abuse of process claims based on Narducci’s July 2018 consumer complaint with the Attorney General’s Office. Also finds the trial court correctly dismissed Hall’s defamation claims based on alleged events that occurred before May 22, 2016, and on Gerald Alexander and Guillerma Lolla-Martinez’s trial testimony. Finally, finds the trial court erred in dismissing Hall’s malicious prosecution claims against all defendants based on his criminal prosecution, defamation claims against all defendants based on Alexander and Lolla-Martinez’s out-of-court statements made before Hall’s criminal trial, and IIED claims against Shaw and CIPA based on Narducci’s July 2018 voicemail. Remands for further proceedings.

Indiana Court of Appeals
Brice Holden v. State of Indiana
19A-CR-1795
Criminal. Affirms Brice Holden’s conviction for Level 4 felony child molesting. Finds the Clay Circuit Court did not commit fundamental error in admitting the polygraph examination report. Also finds the trial court did not abuse its discretion in admitting the certified polygraph examiner’s nonhearsay testimony.