Opinions

Indiana Court of Appeals
Shawn Senter v. Kosciusko County Board of Zoning Appeals
24A-MI-1863
Miscellaneous. Reverses a Kosciusko Superior Court Judge Karin McGrath’s denial of Shawn Senter’s petition for judicial review of the decision of the Kosciusko County Board of Zoning Appeals, which denied Senter’s request to conduct retail sales of gasoline on his property. Finds that because the zoning ordinance explicitly allows a retail business to be operated on Senter’s property and the ordinance’s exceptions are inapplicable, the BZA’s decision restricting Senter’s retail sale of gasoline on his property was improper. Remands with instructions to grant Senter’s petition for judicial review. Attorneys for appellant: William Ramsey, Caleb Peery. Attorney for appellee: Adam Turner.

7^th Circuit Court of Appeals
United States of America v. Lorenzo Johnson
21-3345
Criminal. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon. Affirms the magistrate and district judges’ denials of Lorenzo Johnson’s requests for new counsel and the district judge’s denial of Johnson’s motion for a new trial. Finds the magistrate and district judges appropriately exercised their discretion in denying Johnson’s requests for new counsel. Also finds the district judge also properly denied Johnson’s motion for a new trial because it was undeveloped. Finally, finds Johnson’s claim of sentencing error is misplaced and not everything a judge says at sentencing is a factual finding. Attorneys for appellant: Jeremiah Newhall, Adam Tavitas. Attorneys for appellee: David Hollar, Nathaniel Whalen.

Indiana Court of Appeals
Adrian Cardenas v. Hook-SupeRx, L.L.C. d/b/a CVS Pharmacy, et al.
24A-CT-1942
Civil tort. Reverses Marion Superior Court Judge Kurt Eisgruber’s entry of summary judgment inf favor of HookSupeRx, LLC, d/b/a CVS Pharmacy. Finds that Jeremiah Sedam was, for purposes of respondeat-superior liability, an employee of CVS at the time he attacked Adrian Cardenas. Also finds that CVS’s Service Agreement with Protos— and, by extension, CVS’s relationship with Shield and Sedam—details control by CVS over the manner in which on-duty guards were to perform their security services. Judge Elaine Brown dissents with a separate opinion. Attorneys for appellant: Richard Waples, Thomas Crooks. Attorneys for appellees: Katherine Haire, Nicholas Brunette, Joseph Zumpano, III, Christopher Pearcy.

Indiana Supreme Court

In Re: The Adoption of P.J.W., J.D. and M.D. v. R.W.
24S-AD-117
Adoption. Reverses Montgomery Superior Court Judge Daniel Petrie’s order that adoption was not in P.J.W’s best interest because of J.D. and M.D.’s advanced ages and biological father R.W.’s purported rehabilitation. Finds that that the trial court based its best-interest determination on an erroneous legal conclusion that it is “inherently” in child’s best interest to be raised by a biological parent. Remands with instructions to consider the grandparents’ advanced ages in light of ability under Indiana Code subsection 31-19-11-1(a)(2) and to conduct a new best-interest determination using the proper legal standard. Attorneys for appellants: Robert Reimondo, Denise Hayden. Attorneys for appellee: Jon Laramore, Megan Stuart.

Indiana Court of Appeals
In the Matter of the Civil Commitment of: T.G. v. Community Health Network
24A-MH-1930
Mental health. Affirms Marion Superior Court Judge David Certo’s temporary involuntary civil commitment order for T.G. Finds sufficient evidence supported the trial court’s finding that T.G. was gravely disabled. Attorney for appellant: Talisha Griffin. Attorneys for appellee: Kathryn DeWeese, Joshua Radicke.

Indiana Court of Appeals
Commitment of J.D. v. Richard L. Roudebush Veterans Affairs Medical Center
24A-MH-2876
Mental health. Affirms Marion Superior Court Judge David Certo’s order of temporary civil commitment for J.D. Finds the Richard L. Roudebush Veterans Affairs Medical Center provided sufficient evidence to establish, under the clear and convincing evidence standard, that J.D. cannot provide for his essential human needs on his own due to his mental illness. Attorney for appellant: Talisha Griffin. Attorney for appellee: Rachel Gallagher.

7^th Circuit Court of Appeals
Gwendolyn D. Cunningham v. Lloyd J. Austin III, United States Secretary of Defense
24-1133
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 granting of summary judgment in Austin’s favor, reasoning that the department offered legitimate, nondiscriminatory reasons for its promotion decision and Cunningham failed to offer evidence that the department’s reasons were pretextual. Finds that while the district court misstated the law when it dismissed Cunningham’s statistical evidence out of hand, for statistics to support an employment discrimination claim, the plaintiff must also proffer individualized evidence of discrimination. Attorney for plaintiff: Tae Sture. Attorney for defendant: Rachana Fischer.

Indiana Court of Appeals

Eric Manual Montgomery v. State of Indiana
23A-CR-2052
Criminal. Affirms a jury finding Eric Montgomery guilty of rape, misdemeanor furnishing alcohol to a minor, and attempted obstruction of justice, and the imposition of an aggregate sentence of 36 years by Monroe Circuit Court Judge Valeri Haughton. Finds there was sufficient evidence to sustain Montgomery’s conviction of rape. Also finds that the trial court’s evidentiary rulings were not an abuse of its discretion and that neither its instructions to the jury nor the state’s filing of the amended charging information amounted to error, much less fundamental error. Attorney for appellant: Stacy Uliana. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General George Sherman.

Indiana Court of Appeals 

Tina Marie Campbell v. Jeffrey Allen Campbell

24A-DC-1004

Domestic relations with children. Affirms in part, reverses in part. Finds Lake Superior Court Judge Calvin Hawkins did not abuse his discretion when awarding Tina and Jeffrey Campbell joint custody of their children. Reverses the non-disparagement clause in the dissolution decree, concluding that it amounts to an unconstitutional prior restraint on free speech. Finds the Lake Superior Court failed to rule on one issue and abused its discretion when it ruled on another issue. Remands with instructions to strike the non-disparagement clause from the dissolution order. Attorney for appellant: Debra Lynch Dubovich.

7^th Circuit Court of Appeals
United States of America, ex rel., Judith Robinson, and State of Indiana v. Healthnet Inc.
23–2728
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney. Affirms the district court’s holdings that it lacked jurisdiction over Count III of Dr. Judith Robinson’s amended complaint, on behalf of the United States and the State of Indiana, against HealthNet alleging violations of the federal Anti-Kickback Statute and False Claims Act and the Indiana False Claims and Whistleblower Protection Act and that the settlement was fair, adequate, and reasonable. Finds that the district court did not abuse its discretion in rejecting Robinson’s challenges to the fairness of the settlement agreement. Also finds because that because Robinson has provided no other argument against the district court’s analysis or claimed shortcomings in the district court’s procedure, the circuit court finds the settlement agreement to be fair, adequate, and reasonable under the circumstances. Attorney for plaintiffs: Robert Saint, Lawrence Carcare,  Frances Barrow, Benjamin Jones. Attorneys for defendant: Libby Goodnight, Marc Quigley.

Indiana Court of Appeals
In re: Adoption of R.G.B. and P.K.B., M.B. v. A.S. and W.S.
24A-AD-1885
Adoption. Reverses Washington Circuit Court Judge Larry Medlock’s order granting the motion of adoptive parents’ A.S. and W.S. to waive the statutorily-mandated period of supervision prior to the adoption of minor children R.B. and P.B. Finds that the juvenile court erred in granting the waiver of the home study requirement. Remands with instructions for the juvenile court to order a period of supervision pursuant to Indiana Code section 31-19-8-1. Attorney for appellant: A. David Hutson. Attorney for appellee: Alice Blevins.

Indiana Court of Appeals
Poultry & Industrial Suppliers, Inc. v. Incubacol, S.A.S.
23A-CT-2446
Civil tort. Affirms Kosciusko Circuit Court Judge Michael Reed’s denial of Poultry & Industrial Suppliers’ motion for judgment on the pleadings on the strict-liability and negligence counts, but remands for further proceedings on the warranty count. Finds because Florida law applies to the strict-liability and negligence counts, the trial court did not err in denying Poultry Suppliers’ motion for judgment on the pleadings on the strict- liability and negligence counts, which was based on Indiana law. Also finds it’s unclear whether Poultry & Industrial Suppliers was an exclusive distributor for CTB and how CTB’s warranty got passed to Incubacol. Attorneys for appellant: Christopher King, William Ramsey. Attorney for appellee: Douglas Eaton.

Indiana Supreme Court
Indiana Office of Utility Consumer Counselor; Duke Industrial Group; Nucor Steel–Indiana; Citizens Action Coalition of Indiana, Inc. v. Duke Energy Indiana, LLC; Indiana Utility Regulatory Commission
23S-EX-162
Administrative. Affirms the Indiana Utility Regulatory Commission’s approval of Duke Energy Indiana LLC’s Transmission, Distribution, and Storage Improvement Charge plan and its proposed improvements and its finding that the plan was reasonable Finds that the commission’s order made the required determination that the TDSIC plan’s individual projects are cost-justified. Also finds these determinations are supported by the record, and they track what the statute requires of the commission to approve a TDSIC plan. Justice Derek Molter concurs with a separate opinion in which Chief Justice Loretta Rush joins. Justice Christopher Goff concurs with a separate opinion. Attorneys for appellants: Todd Richardson, Joseph Rompala, Tabitha Balzer, Aaron Schmoll, Jennifer Washburn, William Fine, Anne Becker. Attorneys for appellees: Andrew Wells, Elizabeth Heneghan, Peter Rusthoven, Nicholas Kile, Lauren Box, Kian Hudson, Attorney General Todd Rokita, Benjamin Jones, Beth Heline, Jeremy Comeau, Bradford Hines.

Indiana Court of Appeals
Robert Carl Christopher v. State of Indiana
24A-CR-1044
Criminal. Affirms Bartholomew Circuit Court Judge Kelly Benjamin’s sentencing order of Robert Christopher to nine years executed in the Department of Correction and one year suspended to probation for felony armed robbery. Finds that the trial court’s allocution procedure was erroneous, but Christopher did not object and has failed to show fundamental error. Also finds Christopher has not met his heavy burden of establishing fundamental error because the matters elicited during cross-examination and further discussed on re-direct examination were part of the pre-sentence investigation report, a report upon which the court relied during sentencing. Attorney for appellant: Benjamin Loheide. Attorneys for appellees: Attorney General Todd Rokita,  Assistant Section Chief for Criminal Appeals Kelly Loy.

Indiana Court of Appeals
Vanessa Manuel v. State of Indiana
24A-CR-1250
Criminal. Affirms Boone Circuit Court Judge Lori Schein’s finding Vanessa Manuel guilty of Level 6 felony resisting law enforcement, Class A misdemeanor driving while suspended, and Class B misdemeanor possession of marijuana and sentencing Manuel to an aggregate 365-day sentence with credit for time served and the remainder suspended to probation. Finds that the evidence is sufficient to prove that Manuel forcibly resisted, obstructed, or interfered with Deputy Jeffery Dixon as he attempted to assist Manuel to move her disabled vehicle from the roadway, where it had been blocking traffic. Attorney for appellant: Riley Parr. Attorneys for appellees: Attorney General Todd Rokita, Deputy Attorneys General Jodi Stein, Andrew Sweet.

Indiana Tax Court
Gabrielle Snyder v. Dearborn County Assessor
23T-TA-25
Tax. Affirms the Indiana Board of Tax Review’s decision to uphold the 2022 assessment of the Gabrielle Snyder’s residential property in Guilford. Finds that the board did not err in upholding the 2022 assessment. Also finds that substantial record evidence supports the board’s findings. Petitioner appearing pro se: Gabrielle Snyder. Attorneys for respondent: Attorney General Todd Rokita, Deputy Attorneys General Trent Bennett and Stephen Reen.

Indiana Court of Appeals
Teachers Credit Union v. Kimberly Cripe, individually and on behalf of all others similarly situated
24A-PL-698
Civil plenary. Affirms Elkhart Superior Court Judge Stephen Bowers’ denial of Teachers Credit Union’s motion to compel arbitration and dismiss Kimberly Cripe’s complaint, asserting that Cripe had agreed to arbitrate any and all disputes arising out of or relating to her account. Finds the trial court’s ruling is not erroneous. Attorneys for appellant: Libby Goodknight, Kay Baird, Alexandra Pantos. Attorneys for appellees: Lynn Toops,  Vess Miller, Lisa La Fornara.

Indiana Court of Appeals
Trenton A. Whitaker-Blakey v. State of Indiana
24A-CR-1191
Criminal. Affirms Delaware Circuit Court Judge Douglas K. Mawhorr’s judgment finding Trenton Wahitaker-Blakey guilty of Level 6 felony intimidation. Finds there is sufficient evidence to support Whitaker-Blakey’s conviction. Also finds that Whitaker-Blakey’s use of a racial slur while wearing a white sheet on his head demonstrated a clear intent to communicate a threat to Officer Erin Phillips, who was a law enforcement officer. Attorney for appellant: Scott Mandarich. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Megan Smith.

Indiana Court of Appeals
Denise Paul Hatch, Constable of the Center Township of Marion County Small Claims Court v. The Honorable Brenda A. Roper, Judge of the Center Township of Marion County Small Claims Court
24A-PL-1375
Civil plenary. Dismisses s Constable of Marion County’s Center Township Small Claims Court Denise Hatch’s appeal of Marion Superior Court Judge Kurt Eisgruber’s judgment in favor of Judge Brenda Roper regarding Roper’s appointment of special constables to carry out Hatch’s duties. Finds that Hatch has since been removed from her public office by operation of law and her appellate claims are therefore moot. Also finds that though there exists a public interest exception to the mootness doctrine, it is inapplicable here because circumstances of Hatch’s case are unusual enough that they are not likely to recur. Attorney for appellant: Andrea Ciobanu. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Evan Comer.

Indiana Tax Court
Madison County Assessor v. Kohl’s Indiana, LP
24T-TA-9
Tax. Finds the Indiana Board of Tax Review did not adequately explain its findings and conclusions to allow the tax court to properly review its decision. Also finds the board determined that the Madison County Assessor’s appraisal of Kohl’s Anderson property  is sufficient to meet the burden of proof and establish the true tax value of the subject property, but did not provide the facts or rationale for its conclusion. Remands the case to the board for further explanation of its findings of fact and ultimate conclusion. Attorneys for petitioner: Marilyn Meighen, Brian Cusimano, Zachary Price. Attorneys for respondent: Abraham Benson, Brent Auberry, David Suess, Brigham Michaud.