Court opinions

Court of Appeals of Indiana
In Re: The Termination of the Parent-Child Relationship of C.C. and De.C. (Minor Children); D.C. (Mother) v. The Indiana Department of Child Services, and Kids’ Voice of Indiana
23A-JT-848
Juvenile termination of parental rights. Reverses the Marion Superior Court’s orders terminating D.C.’s parental relationships with her children. Finds the orders terminating the mother’s parental rights were void for lack of personal jurisdiction because the Indiana Department of Child Services did not properly serve the mother. Remands for further proceedings.

Court of Appeals of Indiana
Richard Dolsen Jr. v. VeoRide Inc.
23A-CT-945
Civil tort. Reverses the Allen Superior Court’s entry of summary judgment in VeoRide’s favor. Finds that genuine issues of material fact exist regarding whether VeoRide’s failure to warn Richard Dolsen of the condition and the risk involved was a breach of duty and a failure to exercise reasonable care under the circumstances pursuant to Restatement Section 342(b). Remands for further proceedings.

Court of Appeals of Indiana
Kimberly J. Brook v. State of Indiana
22A-CR-2110
Criminal. Affirms Kimberly J. Brook’s convictions of Class A misdemeanor resisting law enforcement, Class A misdemeanor driving while suspended, Level 6 felony unlawful possession or use of a legend drug and Level 6 felony obstruction of justice, and her two-year sentence, with one year executed and one year served on community corrections. Finds Brook was not entitled to bifurcation, so the Cass Superior Court did not abuse its discretion in denying her request. Also finds the trial court did not erroneously invade the province of the jury by giving instructions that created a mandatory presumption indicating that Lorazepam was classified as a legend drug, and there was sufficient evidence to prove that Brook possessed Lorazepam. Finally, finds the trial court did not abuse its discretion in the admission of testimony, and Brook’s sentence is not inappropriate. Judges Nancy Vaidik and Elizabeth Tavitas concur and dissent in part with separate opinions.

Court of Appeals of Indiana
Shannon Leeann Zimmerman v. State of Indiana (mem. dec.)
23A-CR-685
Criminal. Affirms the Montgomery Superior Court’s order revoking Shannon Leeann Zimmerman’s probation. Finds the trial court didn’t abuse its discretion when it ordered Zimmerman to serve the entirety of her previously suspended sentence.

Court of Appeals of Indiana
James Huspon v. State of Indiana (mem. dec.)
22A-PC-2853
Post-conviction relief. Affirms the Marion Superior Court’s denial of post-conviction relief to James Huspon. Finds Huspon’s 100-year sentence does not violate the Eighth Amendment. Also finds Huspon has failed to establish that his proffered evidence relating to juvenile brain development would result in a shorter sentence. Declines to address Huspon’s argument that his sentence violates Article 1, Section 16 of the Indiana Constitution because he did not raise an argument based on the nature of his offenses.

Court of Appeals of Indiana
Russell G. Finnegan v. State of Indiana
23A-MI-442
Miscellaneous. Reverses the Pulaski Circuit Court’s finding that Russell Finnegan was in indirect criminal contempt of court. Finds the trial court abused its discretion in failing to act on Finnegan’s notice of intent to file an insanity defense and appoint medical personnel to evaluate his mental health and testify at his criminal contempt hearing. Remands for further proceedings.

Court of Appeals of Indiana
Luse Thermal Technologies, LLC v. Graycor Industrial Constructors, Inc. and BP Products North America, Inc.
23A-PL-633
Civil plenary. Affirms the Lake Superior Court’s grant of partial summary judgment in favor of Graycor Industrial Constructors Inc. on Luse Thermal Technologies Inc.’s request for damages and unjust enrichment claim; the grant of summary judgment in favor of BP Products North America Inc. on Luse’s claims based on the personal liability notice statute and unjust enrichment; the grant of BP’s motion to strike certain evidentiary materials; and the denial of Luse’s partial motion for summary judgment with respect to Graycor’s counterclaim relating to the recovery of certain contractual costs. Finds the trial court did not abuse its discretion in granting BP and Graycor’s motions to strike, nor did it err in granting Graycor and BP’s motions for summary judgment. Also finds genuine issues of material facts remain as to Luse’s motion for partial summary judgment. Finally, finds Graycor’s request for appellate attorney fees is not ripe for review.

Court of Appeals of Indiana
Sammy Tinnin v. State of Indiana (mem. dec.)
23A-CR-628
Criminal. Affirms Sammy Tinnin’s conviction in the Marion Superior Court of felony murder. Finds the trial court did not abuse its discretion in denying Tinnin a continuance. Also finds no fundamental error occurred as a result of Exhibits 66 and 67 not being formally admitted into evidence. Finally, finds the state proved beyond a reasonable doubt that Tinnin murdered John Shockley.

Court of Appeals of Indiana
Indiana Law Enforcement Training Board v. Marion County Sheriff’s Office (mem. dec.)
23A-PL-655
Civil plenary. Affirms the Marion Superior Court’s entry of summary judgment for the Marion County Sheriff’s Office. Finds the Indiana Law Enforcement Training Board’s argument that sheriff’s deputies aren’t eligible for training from the board isn’t properly before the court. Also finds the trial court did not enter injunctive relief. Vacates the trial court’s supplemental order, finding it was unnecessary dicta and potentially confusing to the underlying judgment.

Court of Appeals of Indiana
Dylan T. Myers v. State of Indiana
22A-CR-3022
Criminal. Affirms Dylan T. Myers’ conviction of neglect of a dependent resulting in catastrophic injury as a Level 1 felony and his 30-year sentence. Finds the state presented sufficient evidence to support Myers’ conviction. Also finds the sentence imposed on Myers’ conviction under the neglect statute as a Level 1 felony does not offend the proportionality clause of the Indiana Constitution.