Court opinions

Court of Appeals of Indiana
L.M. v. Review Board of the Indiana Department of Workforce Development
21A-EX-990
Agency action. Reverses the Review Board of the Indiana Department of Workforce Development’s decision to affirm an administrative law judge’s ruling that L.M. did not timely file an appeal regarding her denial of pandemic unemployment assistance benefits. Finds a denial sent electronically is sent the same day it was received, so L.M.’s appeal was timely. Remands for further proceedings.

Court of Appeals of Indiana
In the Matter of the Paternity of J.K.: Moussa Henry Kante v. Carrie E. Long
21A-JP-1470
Juvenile paternity. Affirms the Johnson Circuit Court’s order modifying parenting time for Carrie E. Long to have her son J.K. with her during most of the summer to accommodate his basketball schedule rather than in Texas with his father, Moussa Kante. Finds the parenting time award was both consistent with the Indiana Parenting Time Guidelines and was reasonable. Also finds the trial court explained, in writing, why the deviation from the guidelines was appropriate, and it did not abuse its discretion. Finally, finds the trial court was not required to make the factual finding contemplated by Indiana Code § 31-14-14-1.

Court of Appeals of Indiana
Jeffery L. Weaver, Jr. v. State of Indiana (mem. dec.)
21A-CR-911
Criminal. Affirms Jeffery L. Weaver Jr.’s convictions of dealing in methamphetamine and possession of a narcotic drug. Finds the pat down and detention of Weaver did not violate the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution, so the Jay Circuit Court did not err in admitting the challenged evidence.

Court of Appeals of Indiana
Matthew A. Shrock, Jr. v. State of Indiana (mem. dec.)
21A-CR-932
Criminal. Affirms the findings that Matthew Shrock was guilty but mentally ill on two counts of Level 5 felony battery resulting in bodily injury to a public safety official. Finds the evidence does not lead only to the conclusion that Shrock was insane at the time of the offense.

Court of Appeals of Indiana
Emily Styron, Mayor of the Town of Zionsville, Indiana v. Brad Burk, Alex Choi, Joseph Culp, Josh Garrett, Craig Melton, Jason Plunkett, and Bryan Traylor, Town Council of Zionsville, Indiana, and James C. VanGorder
21A-PL-1521
Civil plenary. Affirms the Boone Superior Court’s entry of summary judgment for the Town Council of Zionsville and its denial of Mayor Emily Styron’s motion for summary judgment. Finds that the power proposed to be exercised by the mayor — namely, to redefine the duties of the fire department chief, revise his job description and demote him — would, in its operation and effect, discharge the chief without the council’s approval as required under the express terms of the town’s 2014 reorganization resolution.

Court of Appeals of Indiana
Peggy Sue Higginson v. State of Indiana  
21A-CR-1169
Criminal. Reverses the Posey Superior Court’s grant of the state’s motion to exclude expert witness testimony for Peggy Higginson on the basis that the expert’s anticipated testimony concerning Higginson’s PTSD diagnosis was inadmissible to support a claim of self-defense. Finds that Higginson may use effects-of-battery evidence in her self-defense claim. Also finds that Dr. Polly Westcott may testify as to evidence that relates to the general reasonableness of one’s apprehension of fear, given the psychological trauma which comes from battery, but may not reach an ultimate factual determination exclusive to the jury. Remands for further proceedings.