Court opinions

Court of Appeals of Indiana
James Stephens v. The Honorable Peggy Ryan Hart, Magistrate
22A-MI-1301
Miscellaneous. Affirms the dismissal of James Stephens’ claims against Marion Superior Magistrate Judge Peggy Hart regarding his denial of petition for post-conviction relief. Finds the claims were subject to dismissal based on absolute judicial immunity. Also finds Stephens’ waived argument that the trial court magistrate judge lacked authority to dismiss his complaint is not well-taken. Finally, finds Stephens has waived any constitutional challenge to the statute granting magistrate judges the authority to enter final appealable orders.

Court of Appeals of Indiana
Shane E. Ehr v. State of Indiana (mem. dec.)
22A-CR-496
Criminal. Affirms Shane E. Ehr’s conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds the Jay Superior Court did not err when it denied Ehr’s motion to dismiss because lost photographs from the incident were not materially exculpatory. Also finds the photographs might have been potentially useful, but Ehr made no showing the state destroyed them in bad faith.

Court of Appeals of Indiana
Gene DeVane and Gladys DeVane, Husband and Wife v. Arch Wood Protection, Inc., a Lonza Company, Osmose, Inc., n/k/a Koppers Performance Chemicals Inc., Chemical Specialties, Inc., n/k/a Venator Materials PLC
22A-CT-233
Civil tort. Affirms the dismissal with prejudice of Gene and Gladys DeVane’s complaint against Arch Wood Protection Inc., Koppers Performance Chemicals Inc. and Venator Materials PLC seeking the replacement of their decks. Finds the Monroe Circuit Court erred by dismissing the complaint based on the product-liability statute of repose because the DeVanes have alleged no past or existing physical harm. Also finds the DeVanes have not established that “equitable remediation” is a valid cause of action, nor have they identified any other statutory or common-law cause of action that might be viable here.

Court of Appeals of Indiana
A.R. v. State of Indiana
22A-JV-156
Juvenile. Affirms the Henry Circuit Court’s order that A.R. register pursuant to the Indiana Sex and Violent Offender Registration Act. Finds the juvenile court had jurisdiction to consider the issue and the determination was supported by clear and convincing evidence. Also finds A.R.’s constitutional claims are waived. Judge Patricia Riley dissents with separate opinion.

Court of Appeals of Indiana
Carla Tinsley-Williamson, as Guardian of Ethan M. Tinsley v. A.R. Mays Construction, Inc., American Multi-Cinema, Inc., and Largo Theater Construction, Inc.
21A-CT-2230
Civil tort. Affirms the Hendricks Superior Court’s entry of partial summary judgment for A.R. Mays Construction Inc. on Ethan Tinsley’s complaint alleging negligence. Finds A.R. Mays’ designated evidence affirmatively negates an element of Tinsley’s negligence claim, namely, whether A.R. Mays owed Tinsley a duty of care.

7^th Circuit Court of Appeals
Estate of Eric Jack Logan v. City of South Bend, Indiana, and Ryan O’Neill
21-2922
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms the U.S. District Court of the Northern District of Indiana’s grant of summary judgment in favor of former South Bend officer Ryan O’Neill. Finds the record compels a decision for O’Neill.