Court opinions

Court of Appeals of Indiana
Jennifer L. Tutt v. Evansville Police Department
22A-MI-1723
Miscellaneous. Reverses the entry of summary judgment for the Evansville Police Department on Jennifer L. Tutt’s complaint alleging the department violated the Indiana Access to Public Records Act. Finds Title 9 of Indiana Code allows a fee to inspect an accident report, but it does not authorize a fee to inspect the report. Remands for the Vanderburgh Superior Court to enter summary judgment for Tutt.

Court of Appeals of Indiana
James D. Smiley v. State of Indiana (mem. dec.)
22A-CR-2269
Criminal. Affirms James Smiley’s advisory sentence of three years for Level 5 felony possession of methamphetamine. Finds the Parke Circuit Court did not err in considering mitigators.

Court of Appeals of Indiana
Timothy Marcus Mayberry v. Indiana Department of Corrections, et al. (mem. dec.)
22A-CT-2482
Civil tort. Affirms and reverses in part the denial of Timothy Marcus Mayberry’s complaint against the Indiana Department of Correction and four unnamed prison officials/employees, and the denial as moot of his motion for appointment of counsel. Finds the Sullivan Circuit Court erred in dismissing Mayberry’s tort claim against DOC. Also finds the trial court did not err in dismissing Mayberry’s claims against the unnamed DOC employees in their individual capacities. Finally, finds the trial court must consider Mayberry’s motion for appointment of counsel on remand.

Court of Appeals of Indiana
R.M. v. Indiana Department of Child Services
22A-XP-1661
Expungement petition. Affirms the denial of R.M.’s motion to correct error, filed after the Sullivan Circuit Court denied her petition to expunge the child in need of services and Department of Child Services records concerning her 2013 involvement with DCS. Finds the trial court did not abuse its discretion because R.M. did not show that the records had insufficient current probative value to justify their retention by DCS for future reference.

Court of Appeals of Indiana
Darleana Johnson v. Housing Authority of South Bend
22A-EV-1751
Eviction. Reverses the order evicting Darleana Johnson. Finds the ejectment statute does not apply to the instant matter. Also finds Johnson was deprived of her constitutional right to due process. Remands for further proceedings.

Court of Appeals of Indiana
Penny Chappey and Gregory Chappey v. Joseph Paul Storey and Complete Auto & Tire, LLC
22A-CT-979
Civil tort. Reverses summary judgment for the defendants on Penny Chappey’s negligence complaint. Finds the Carroll Circuit Court judge was biased. Also finds there is a genuine issue of material fact that precludes the entry of summary judgment. Remands with instructions that the plaintiffs are entitled to a new judge.

Court of Appeals of Indiana
Tyson Eminger v. State of Indiana
22A-CR-1077
Criminal. Reverses the Noble Superior Court’s order granting the state’s motion for relief from judgment under Trial Rule 60(B)(8). Finds the trial court erred. Remands with instructions.