Opinions

7th Circuit Court of Appeals
Eric D. Holmes v. Marion County Sheriff’s Office
22-3032
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker. Affirms the district court’s dismissal of Eric Holmes lawsuit against the Marion County Sheriff’s Office, where Holmes alleged he had been unlawfully imprisoned in violation of the 14th Amendment. Finds the court dismissed the case for failure to state a claim in part because of judicial immunity clear from the face of the complaint. Attorneys for appellant: Easha Anand, Rosalind Dillon, Elena Meth, George Mills. Amicus curiae: Darren Craig, Anthony Overholt.

Indiana Court of Appeals
Darmon Y. Farral v. State of Indiana
24A-CR-2359
Criminal. Affirms Darmon Farral’s conviction in Marion Superior Court of a Class A misdemeanor resisting law enforcement charge. Finds sufficient evidence supports Farral’s conviction for resisting law enforcement, as he was ordered to stop before fleeing. Does not address Farral’s request for an advisory opinion as to the rejected sentencing agreement. Attorney for appellant: Steven Halbert. Attorneys for appellee: Attorney General Todd Rokita, Jesse Drum.

Indiana Supreme Court
State of Indiana ex rel. Gary Thoe, et al. v. Marion Superior Court 5 and the Honorable John M.T. Chavis
25S-OR-90
Original actions. Withdraws Mayhill v. Thoe, a lawsuit filed By John Mayhill, from Marion Superior Court Judge John Chavis and appoints Marion Superior Court Judge Kurt Eisgruber as special judge for the case. Finds this matter should have been withdrawn from the trial judge under Trial Rule 53.1, which empowers the Supreme Court to withdraw a case from a trial judge and appoint a special judge if the trial court fails to rule on a motion by the prescribed deadlines. Dismisses original action as moot. Chief Justice Loretta Rush did not participate in the decision of this matter. Attorneys for relators: Mark Crandley, Raegan Gibson. Attorney for opposing party: Mark Waterfill. Attorneys for State of Indiana: Attorney General Todd Rokita, Angela Sanchez. Pro se respondent: Judge John Chavis.

Indiana Court of Appeals
Jonathan Maw v. Elizabeth Pringle
24A-DC-2740
Domestic relations with children. Affirms Putnam Circuit Court Judge Matthew Headley’s denial of Jonathan Maw’s request for parenting time. Finds the father’s failure to provide a record of the parenting time hearing waives his evidence-related arguments, and he fails to show the trial court abused its discretion by denying his request for parenting time. Appellant pro se: Jonathan Maw. No attorney listed for appellee.

Indiana Court of Appeals
Olthof Homes, LLC d/b/a Olthof Homes v. Town of Chesterton, Indiana, a municipal corporation, and Town of Chesterton Storm Water Management Board
24A-MI-1944
Miscellaneous. Reverses Porter Superior Court Judge Mary DeBoer’s order granting summary judgment for the Town of Chesterton and the town’s storm water management board after Olthof Homes, LLC appealed the town’s fine of  $100,000 for violations of the town’s storm-water-management ordinances. Finds that while the town has the authority to make violations of Section 24-53 and 24-58 punishable by fines of up to $2,500 or $7,500, it must do so clearly, and it hasn’t. Also finds the board erred by determining that it had the option of imposing those higher fines. Remands and directs the trial court to grant summary judgment for Olthof Homes and remand the matter to the storm water board for a redetermination of the fine. Attorney for appellant: Greg Bouwer. Attorneys for appellee: Charles Parkinson, L. Charles Lukmann, III, Connor Nolan.

Indiana Court of Appeals
In the Matter of the Estate of William E. Singleton, Deceased, Bobbe J. Singleton v. The National Bank of Indianapolis, in its capacity as Personal Representative of the Estate of William E. Singleton
24A-EU-685
Estate unsupervised. Affirms Johnson Superior Court Judge Kevin Barton’s ’s denial of Bobbe Singleton’s motion to elect against the will of her late husband, William E. Singleton, and its denial of her motion to correct error. Finds the trial court’s May 8, 2017, order made the necessary findings to admit William’s will to probate, even though the order did not use the word “admit.” Appellant’s attorney: Curtis E. Shirley. Appellee’s attorney: Mark J. Crandley, Barnes & Thornburg

Indiana Court of Appeals
Simon Property Group, L.P., a/k/a Simon Property Group, Inc., et. al. v. Kaya P.R. Stewart, et.al.
24A-CT-1700
Civil tort. Affirms Marion Superior Court Judge Christina Klineman’s order denying the motions of Simon Property Group and Universal Protection Service to dismiss the complaint filed by Kaya P.R. Stewart, Eumeka R. Stewart, and Samuel Stewart III in their individual capacities, and Eumeka R. Stewart and Samuel Stewart II, as Parents and Legal Guardians of O.S. in a case involving a mass shooting that occurred at the Greenwood Park Mall in July 2022. Finds the appellate court rejects Universal’s narrow characterization of the plaintiffs’ claims against it. Also finds that, at this stage of the proceedings and without the benefit of completed discovery, the trial court did not err in denying Universal’s motion to dismiss. Attorneys for appellants: Wayne Turner, Michael Limrick, Melissa Murphy-Petros, Justin Hazlett, Joseph Macha. Attorneys for appellees: Gabriel Hawkins, Gregory Laker, Andrea Simmons.

Indiana Court of Appeals
Eliezer Areche v. Indianapolis Department of Public Works, City of Indianapolis, United States Postal Service, et al.
24A-CT-2672
Civil tort. Affirms Marion Superior Court Magistrate Ian Stewart’s granting of the City of Indianapolis’ motion for summary judgment after Eliezer Areche filed a negligence action against several defendants, including the city. Finds that Areche’s ordinance violation did constitute negligence per se, and, because negligence claims against governmental entities are specifically exempted from the Comparative Fault Act, Areche’s claim is barred by the common-law defense of contributory negligence. Judge Stephen Scheele dissents with a separate opinion. Attorneys for appellant: Michael Simmons, Hannah Brady, Georgianna Tutwiler. Attorneys for appellees: Patrick Devine, Jennifer Kalas, Brandon Newhart, Catherine Basque Weiler.

Indiana Court of Appeals
Alfred Williams Comer, Jr. v. State of Indiana
24A-CR-1832
Criminal.  Affirms Lake County Superior Court Magistrate Kathleen Sullivan’s denial of Alfred Comer Jr.’s motion that the trial court should have applied 1,376 days of credit to reduce his fixed term of 60 years imprisonment after his murder conviction. Finds the trial court did not abuse its discretion by finding Comer already received credit for presentence incarceration and good time credit and was not entitled to any reduction in his fixed term of imprisonment. Appellant pro se: Alfred Comer, Jr. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Courtney Staton.

Indiana Supreme Court
EdgeRock Development, LLC, ZPS Westfield, LLC, and First Bank Richmond v. C.H. Garmong & Son, Inc., Signworks, Inc., and Fox Contractors Corp.
24S-PL-184
Civil plenary. Affirms the Indiana Court of Appeals’ ruling that that the Hamilton Superior Court did not err in concluding that factual disputes precluded summary judgment on EdgeRock’s claim that Change Order #3 was invalid because it was not approved in writing. Also finds that the trial court did not err in granting Garmong’s summary judgment motion (and denying EdgeRock’s competing summary judgment motion) on EdgeRock’s claim that it was entitled to a credit for amounts owed under the Garmong contract for work related to the 175th Street Project and the drain relocation. Also affirms the appellate court’s reversal of the Hamilton Superior Court’s award to EdgeRock of the road impact fees and instructs the trial court to distribute the funds consistent with the outcome of related litigation in the Hamilton County Commercial Court. Also finds that First Bank is entitled to recover attorney fees from EdgeRock. Remands for the trial court to amend the judgment consistent with this opinion. Attorneys for appellants: Maggie Smith, Darren Craig, Nathaniel Uhl, Jenny Buchheit, Adam Alexander, Scott Fandre, David Johnson, Bryan Babb, James Carlberg, Nathan Danielson, Ronald Cross. Attorneys for appellees: Peter French, Jeffrey Stemerick, Neil Peluchette, Robert Eherenman.

7^th Circuit Court of Appeals
Steven Lindsey v. Ron Neal
23-2789
Prisoner. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Theresa Springmann. Vacates the district court’s judgment dismissing Steven Lindsey’s post-conviction relief petition and remands for further proceedings. Finds that Indiana’s postconviction remedies proved to be ineffective for Lindsey and thus that he is excused from § 2254’s exhaustion requirement. Attorneys for appellant: Samuel Lioi, David Wreesman. Attorneys for appellee: Jesse Drum, Sierra Murray.

Indiana Court of Appeals
H.R. v. M.R.
25A-PO-17
Protective order.  Reverses Scott Circuit Court Magistrate Alison Frazier’s protective order against H.R. Finds the record contains no evidence that H.R. ever harmed or threatened to harm M.R. or that he represents a present credible threat to her safety. Also finds that H.R. has met his burden to establish prima facie error. Attorneys for appellant: Bryan Ciyou, Anne Lowe. No attorney listed for appellee.

Indiana Court of Appeals
Bernard L. McGuire v. State of Indiana
24A-CR-2491
Criminal. Finds no error in Marion Superior Court Judge Marie Kern attaching a firearm enhancement to Bernard McGuire’s attempted murder conviction. Also finds that McGuire’s attempted murder and aggravated battery convictions constitute double jeopardy. Remands with instructions that the lesser included offense of aggravated battery be vacated. Attorney for appellant: Denise Turner. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Justin Roebel.

Indiana Court of Appeals
Monty Dale Maze v. State of Indiana
24A-CR-2596
Criminal. Reverses Monty Maze’s conviction in Sullivan Superior Court of a Class B misdemeanor for harboring a non-immunized dog. Finds the trial court failed to conduct a proper indigency hearing when denying Maze’s request to appoint him trial counsel. Also finds there was inadequate inquiry into Maze’s necessary expenses, particularly in light of evidence he needed the money to support himself and a dependent. Remands for further proceedings. Attorney for appellant: Ruth Johnson. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Sierra Murray.

Indiana Court of Appeals
Commitment of J.S. v. Neuropsychiatric Hospital of Indianapolis
25A-MH-979
Mental health. Affirms Marion Superior Court Judge Pro Tem Denise Hayden’s order of temporary commitment of J.S. to the Neuropsychiatric Hospital of Indianapolis. Finds the evidence is sufficient to support the trial court’s determination that J.S. is gravely disabled because her untreated mental illness renders her unable to provide for her essential human needs. Attorneys for appellant: Talisha Griffin, Sarah Medlin. Attorneys for appellee: Daniel  Gibson, Austin Sparks.

7^th Circuit Court of Appeals
James Napier v. Orchard School Foundation
23-1659
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker. Affirms the district court’s order granting summary judgment for Orchard School Foundation after James Napier filed an employment discrimination lawsuit against the school. Finds that no reasonable fact finder could find that Napier lost his job based on his sex. Also finds no reasonable fact finder could determine that Napier’s litigation, rather than the events that led to his termination, was the “but-for” cause of Orchard’s decision not to rehire him. Attorney for appellant: Richard Darst. Attorneys for appellee: Alexander Pinegar, Jessica Billingsley.

Indiana Court of Appeals
Todd Rokita, in his official capacity as Indiana Attorney General, et.al. v. Board of School Commissioners for the City of Indianapolis
23A-PL-2729
Civil plenary. Affirms Marion Superior Court Judge Heather Welch’s judgment that Indianapolis Public Schools is exempt from the Dollar Law under the 2023 amendments. Finds that applying the 2024 amendments retroactively would violate Article 1, Section 24 of the Indiana Constitution by substantially impairing the IPS board’s contractual relationship with VOICES as to the Bellamy 102 building. Also finds with the Brandes 65 building, that the Ips board has failed to establish that applying the 2024 amendments retroactively would violate any vested right or constitutional guarantee with respect to that building. Remands with instructions for the board to dispose of the Brandes 65 building in conformance with the Dollar Law. Finally, finds that the trial court did not abuse its discretion in staying its judgment. Attorney for appellant: Attorney General Todd Rokita, Section Chief, Civil Appeal Benjamin Jones. Attorneys for appellees: Bryan Babb, Bradley Dick, Jonathan Mayes, Dakota Slaughter.

Indiana Court of Appeals
Patrick Norton v. State of Indiana
24A-CR-2330
Criminal. Affirms Patrick Norton’s conviction in Hamilton Superior Court of Class B misdemeanor disorderly conduct. Finds Norton waived any alleged error by the trial court when he failed to challenge Juror 18’s service and the state presented sufficient evidence to rebut Norton’s defense of property and self-defense claims. Attorney for appellant: Bryan Cook. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Caroline Templeton.

Indiana Court of Appeals
Dwayne T. Clemons v. State of Indiana
24A-CR-1601
Criminal. Affirms Warren Circuit Court Judge Hunter Reece’s judgment revoking Dwayne Clemons’ probation and ordering him to serve 544 days in the Indiana Department of Correction. Finds that given the number and nature of Clemons’s violations, the trial court’s decision to order execution of 544 days of Clemons’s previously suspended sentence was well within its discretion. Judge Melissa May dissents with a separate opinion. Attorney for appellant: Justin Wall. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General John Oosterhoff.

Indiana Court of Appeals
Russell Bernacchi and Judith Bernacchi v. Yon M. Lindborg and Kenneth L. Rutz
24A-CT-1686
Civil tort. Dismisses without prejudice Russell and Judith Bernacchi’s appeal of LaPorte Circuit Court Judge Thomas Alevizos’ order denying the Bernacchis’ motion for summary judgment against Kenneth Rutz and Yon Lindborg’s complaint. Finds the trial court’s order denying the Bernacchis’ motion for summary judgment is neither a final judgment nor an appealable interlocutory order, and the appellate court lacks appellate jurisdiction over the Bernacchis’ appeal. Attorney for appellants: Martin Lucas. Attorney for appellees: R. Brian Woodward