Court opinions

Court of Appeals of Indiana
Michael Whitaker v. State of Indiana (mem. dec.)
21A-CR-2268
Criminal. Affirms Michael Whitaker’s convictions of Level 6 felony driving while intoxicated endangering a person and Class B misdemeanor leaving the scene of an accident. Vacates Whitaker’s conviction of Level 6 felony driving with an alcohol concentration equivalent over .15 on double jeopardy grounds. Finds the state presented sufficient evidence that Whitaker operated his vehicle. Also finds the Whitley Superior Court did not abuse its discretion when it admitted photographs of items found in Whitaker’s car because those items were found in plain view by an officer who had been called to an accident scene and their connection to criminal activity was immediately apparent.

Court of Appeals of Indiana
Hipolito Ramirez Martinez v. State of Indiana
21A-CR-2797
Criminal. Affirms Hipolito Martinez’s convictions of two counts of Level 1 felony child molesting. Finds the Tippecanoe Superior Court did not err in granting the jury’s request to review victim K.R.’s testimony. Also finds the trial court did not abuse its discretion in denying Martinez’s mistrial motion. Finally, finds the trial court did not err in denying the state’s request to have Martinez classified as a credit-restricted felon.

Indiana Court of Appeals
John Kader v. Marion County Sheriff, in his official capacity, and the Marion County Sheriff’s Department (mem. dec.)
21A-PL-2197
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment to the Marion County sheriff, in his official capacity, and the Marion County Sheriff’s Department on John Kader’s negligence claims. Finds law-enforcement immunity does not apply and the trial court erred in entering summary judgment for the sheriff’s department on that basis. Remands for further proceedings.