Court opinions

Court of Appeals of Indiana
Steven E. Malloch v. State of Indiana
22A-PC-2053
Post-conviction relief. Affirms the DeKalb Superior Court’s denial of Steven Malloch’s petition for post-conviction relief. Finds Malloch’s trial attorney, John Bohdan, did not perform deficiently by not calling an expert witness about false confessions at Malloch’s trial because he pursued other strategies calculated to sow doubt regarding the veracity of Malloch’s confession. Also finds Bohdan didn’t perform deficiently when he did not call a sleep expert who could not provide an opinion supportive of Malloch or a sleep expert who would have been a reluctant and equivocal witness at best.

Court of Appeals of Indiana
John E. Moriarity, Mae E. Moriarity, and C-A-R-E Auto Auction, Inc. v. State of Indiana, Indiana Natural Resources Commission, and Indiana Department of Natural Resources
22A-PL-2899
Civil plenary. Affirms the Grant Circuit Court’s dismissal of John and Mae Moriaritys’ inverse condemnation action. Finds the complaint did not successfully plead a regulatory taking.

Court of Appeals of Indiana
Marion Superior Court Probation Department v. Cheryl Trapuzzano and Jennifer Trapuzzano, as Co-Personal Representatives of the Estate of Nathan Trapuzzano, Deceased
23A-CT-61
Civil tort. Reverses the denial of the Marion Superior Court Probation Department’s motion for summary judgment regarding claims brought by Cheryl and Jennifer Trapuzzano, as co-personal representatives of the Estate of Nathan Trapuzzano. Finds the probation department has quasi-judicial immunity from liability for the estate’s claims. Remands.

Court of Appeals of Indiana
Herman O. Fritz v. State of Indiana
22A-CR-2340
Criminal. Affirms and reverses in part Herman O. Fritz’s convictions of Level 6 felony possession of methamphetamine, Class A misdemeanor resisting law enforcement, Class A misdemeanor possession of marijuana with a prior conviction and Class C misdemeanor possession of paraphernalia. Finds the Elkhart Superior Court did not abuse its discretion in the admission of evidence seized from a pat-down search and subsequent search incident to Fritz’s arrest. Also finds the state failed to present sufficient evidence to sustain Fritz’s possession-of-marijuana conviction. Remands with instructions for the trial court to vacate Fritz’s conviction and sentence for the Class A misdemeanor possession-of-marijuana conviction.

Thursday opinions
Court of Appeals of Indiana
Laurie Gardner v. Anonymous Physician
23A-CT-345
Civil tort. Reverses the Lake Superior Court’s order dismissing Laurie Gardner’s medical malpractice complaint against Anonymous Physician based on Indiana Trial Rule 12(B)(1) for lack of subject-matter jurisdiction. Finds that while Gardner may not proceed against Anonymous Physician based on his treatment of another patient or his actions as a medical director at the hospital, she may pursue a medical malpractice action related to any treatment she received from Anonymous Physician for her workplace injury. Remands for further proceedings.

Court of Appeals of Indiana
In the Matter of the Adoptions of S.S. and A.S. M.S. (Mother) v. Dr.S. and De.S. (mem. dec.)
23A-AD-1237
Adoption. Reverses the issuance of an adoption decree for mother M.S.’s two children. Finds the issuance of the Decree of Adoption was premature. Also finds the Morgan Superior Court did not err in concluding that adoptive grandparents Dr.S. and De.S. proved by clear and convincing evidence that for at least one year, M.S. failed without justifiable cause to communicate significantly with the children when able to do so. Remands.