Court opinions

Indiana Court of Appeals
Toby Lewis Webster v. State of Indiana (mem. dec.)
19A-CR-683
Criminal. Affirms Toby Webster’s conviction of Level 3 felony armed robbery. Finds sufficient evidence to support Webster’s armed robbery conviction because the victim testified Webster used a knife to stab him and then stole his van. Finds the Marion Superior Court improperly merged the battery with a deadly weapon count and the armed robbery count in violation of Indiana’s prohibition against double jeopardy. Reverses Webster’s conviction of Level 5 felony battery by means of a deadly weapon. Remands for the trial court to vacate the improperly merged battery conviction.

Indiana Court of Appeals
Johnathan Olson and Austin J. Mahoney v. State of Indiana
19A-CR-773
Criminal. Affirms the Vigo Superior Court’s denial of Johnathan Olson and Austin Mahoney’s motion to dismiss the Level 2 felony robbery charges against them. Finds the trial court did not err when it denied Olson’s and Mahoney’s motions to dismiss the robbery charges. Also finds the state is not barred from prosecuting them for robbery.

Indiana Court of Appeals
In the Matter of the Guardianship of: Irma Elisabeth Avila Luis, Ramiro Velasquez Avila
19A-GU-1276
Guardianship. Reverses a Jackson Circuit Court’s order which failed to make findings as to whether reunification between Irma Elisabeth Avila Luis and her parents is viable and refused to make findings regarding whether it is in Luis’ best interests to remain in the United States. Finds it is not in the best interest for Luis to return to Guatemala. Orders the trial court to include the Indiana Court of Appeals’ findings, verbatim, and to enter the order within one business day of the certification of the appeal.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Planned Parenthood of Indiana and Kentucky, Inc. v. Kristina Box, et al.
17-2428
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Denies the defendants-appellants’ petition for rehearing and rehearing en banc. Judges Joel Flaum, Michael Kanne, Amy Coney Barrett, Michael Brennan and Michael Scudder vote to grant the petition for rehearing en banc. Judges Ilana Rovner and David Hamilton vote to deny panel rehearing, while Judge Kanne voted to grant panel rehearing. Judge Frank Easterbrook concurs with separate opinion, joined by Judge Diane Sykes. Judge Kanne dissents with separate opinion, joined by judges Flaum, Barrett, Brennan and Scudder.

Indiana Court of Appeals
Kathy Salyer v. Washington Regular Baptist Church Cemetery, and Kristy Sams
19A-PL-243
Civil plenary. Affirms the Ripley Circuit Court’s order awarding Kathy Salyer an open gravesite at the Washington Regular Baptist Church Cemetery after the cemetery resold the gravesite she had purchased and another individual was buried there. Finds the trial court did not abuse its discretion in fashioning a remedy that required the cemetery to “correct” its mistake by giving Salyer an open, adjacent burial site free of charge. Judge James Kirsch dissents with separate opinion.

Indiana Court of Appeals
Natoami Riley, et al. v. St. Mary’s Medical Center of Evansville, Inc.
19A-CT-844
Civil tort. Reverses the Vanderburgh Circuit Court’s grant of summary judgment to St. Mary’s Medical Center of Evansville Inc. on a medical malpractice claim brought by Natoami and Frank Riley. Finds a radiologic technician who wrote an affidavit on behalf of the Rileys is qualified to render an expert opinion on proximate causation, and that a genuine issue of material fact exists regarding that issue. Remands for further proceedings.