Opinions

Indiana Court of Appeals
Jesse Oglesby v. Unnamed Physician, et al.
No. 26A-CT-143
Appeal from the Vanderburgh Superior Court, Judge Thomas A. Massey. The court reversed the trial court’s grant of summary judgment in favor of the defendants on Oglesby’s medical malpractice claim, holding that the trial court abused its discretion by striking the affidavit of an expert physician after allowing the defendants to introduce additional evidence shortly before the summary judgment hearing. The court found that the evidence raised genuine issues of material fact regarding whether the defendants were negligent, as it conflicted with the evidence supporting the presence of a prior anesthesia complication. Thus, summary judgment was deemed improper. Chief Judge Tavitas authored the opinion, with Judges Bradford and  elix concurring. Appellant attorney: Emily A. DeVuono, Moore Law Group, PLLC, Louisville. Appellees attorneys: Nicholas G. Brunette, Reminger Co., L.P.A., Indianapolis; Benjamin J. Weigel, Clay A. Edwards, Morgan N. Blind, O’Bryan, Brown & Toner, PLLC, Louisville; Sarah N. Vrabel, O’Bryan, Brown & Toner, PLLC, Indianapolis; Ryan T. Wood, Kyle L. Childress, Barnes Maloney, PLLC, Louisville.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

Indiana Court of Appeals
Tawk Hre v. State of Indiana
No. 26A-CR-1089
Appeal from the Marion Superior Court, Judge Jose D. Salinas. Hre crashed his vehicle into another person’s car and damaged it. The court reversed a trial court restitution order requiring Hre to pay for the rental car expenses of the victim. The appeals court agreed with the appellant that the trial court abused its discretion in ordering him to pay restitution. The appeals court concluded that such expenses do not fall within the five statutory categories in the restitution statue, aligning the case with precedent where similar expenses were deemed outside the statute’s purview. The case has been remanded with instructions for the trial court to enter a corrected restitution order. Judge Pyle authored the opinion, with Judges Mathias and Weissmann concurring. Appellant’s attorneys: Talisha R. Griffin, Timothy J. Burns, Marion County Public Defender Agency, Indianapolis. Appellee’s attorneys: Office of the Indiana Attorney General.

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Indiana Court of Appeals

Jennifer E. Chadd v. State of Indiana

No. 25A-CR-2546

Appeal from the Tippecanoe Superior Court, Judge Randy J. Williams. The court affirmed Jennifer Chadd’s convictions for dealing in methamphetamine and theft of a firearm and her sentence. Chadd challenged the admission of evidence related to her prior conduct, the sufficiency of the evidence for the theft conviction, and the appropriateness of her sentence. The court found no reversible error in the admission of evidence, stating it was relevant to matters other than her propensity to commit the act and not unfairly prejudicial. The court also determined there was sufficient evidence to support the theft conviction, noting Chadd’s conflicting statements regarding possession of the firearm and her knowledge of its stolen status. Regarding sentencing, the court concluded that her aggregate sentence was appropriate given her offenses and character. Senior Judge Crone authored the opinion, with Judge Vaidik concurring and Judge Felix concurring with a separate opinion. Attorney for appellant: Michael D. Dean, Withered Burns, LLP, Lafayette. Attorneys for appellee: Office of the Indiana Attorney General.

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Indiana Court of Appeals
Layke D. Leonard v. State of Indiana   
No. 26A-IF-365 
Appeal from Henry Circuit Court, Judge David L. McCord. The court reversed Leonard’s conviction for making an unsafe start under Indiana Code section 9-21-8-23. The court found insufficient evidence to prove that Leonard’s actions constituted an unsafe start, noting that while his tires squealed, there was no evidence to suggest his vehicle was operated in a dangerous manner. Judge May authored the opinion, with Judges Pyle and Scheele concurring.  Appellant attorney: Nathan Vining, Vining Legal LLC, Indianapolis. Appellee’s attorney: Office of the Indiana Attorney General.

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Indiana Court of Appeals

A.A. v. Richmond State Hospital
No. 26A-MH-342 

Appeal from Marion Superior Court, Judge David Certo. Appellant identified as “A.A.” appeals the continuation of his regular commitment, arguing that the trial court erred in holding his review hearing remotely and that the evidence is insufficient to establish that he was “gravely disabled” at the time of the hearing. The appeals court found that while the trial court’s decision to conduct the hearing remotely did not meet the standard of good cause, the error was harmless as A.A. actively participated. The evidence was sufficient to demonstrate that A.A. was gravely disabled due to his schizophrenia and refusal to take medication, thereby supporting his continued commitment. However, the court reversed part of the trial court’s commitment order regarding findings of stimulant-use and cannabis-use disorders, determining that such findings were not supported by evidence. Judge Vaidik authored the opinion, with Judges Altice and Foley concurring. Attorney for appellant: Casey Farrington, Marion County Public Defender Agency. Attorney for appellee: Office of the Indiana Attorney General.

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Indiana Court of Appeals

Brittney Best v. The Standard Fire Insurance Company d/b/a Travelers Insurance, et al.
No. 26A-CT-459
Appeal from the Tipton Circuit Court, Judge Thomas R. Lett. Reverses trial court dismissal of complaint over insurance payout and remands for entry of a partial summary judgement for the appellant and a determination of which insurers must pay her underinsured motorist benefits. Appellant’s 17-year-old son died in a 2023 car accident in which a driver heading in the opposite direction crossed the center line and hit the car he was riding in. Best had made claims for underinsured motorist benefits against both Travelers Insurance and AAA Insurance. The insurers had argued that the tortfeasor was not underinsured because its payment of $100,000, which was split between Best and her son’s father, had reached the policy’s per-person limit. The appeals court noted that the proper comparison in these cases is what the claimant actually received from the policy and the per-person limit of the applicable coverage. Judge Vaidik authored the opinion. Judges Altice and Foley concur. Appellant attorneys: Nicholas C. Deets, Tyler J. Zipes, Hovde Dassow and Deets LLC, Indianapolis. Appellee attorneys: Michael R. Giordano, C. Chase Wilson, Lewis Wagner & Trimble, Indianapolis.

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Indiana Court of Appeals

David Charles v. State of Indiana  
No. 26A-CR-102  

Appeal from Elkhart Superior Court, Judge Teresa L. Cataldo. David Charles was convicted of ten counts of Class C felony child molestation involving two victims over several years. He challenged the sufficiency of evidence regarding intent to arouse his sexual desires when abusing one of the victims. The court affirmed the trial court’s judgment, finding sufficient evidence, including testimony regarding the nature of the abuse and circumstances surrounding Charles’s actions. Judge Bradford authored the opinion, with Chief Judge Tavitas and Judge Felix concurring.  Attorney for the appellant: Marielena Duerring, South Bend. Attorneys for the appellee: Office of the Indiana Attorney General.

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Indiana Court of Appeals

Lora N. Baxter-Balmer v. State of Indiana

No. 26A-CR-1035

Appeal from the St. Joseph Superior Court 1, Judge Christopher C. Fronk. After a bench trial, the trial court found Baxter-Balmer guilty but mentally ill on three counts of felony battery against a public safety official, two counts of felony intimidation, and misdemeanor counts of battery and disorderly conduct. Baxter-Balmer appealed, arguing that the court should have found her not responsible by reason of insanity. The Court of Appeals agreed, reversing the decision and remanding the case with instructions to find the appellant not responsible by reason of insanity. The appeals court said the trial court in its ruling improperly relied on a psychologist’s determination that he couldn’t offer an opinion about whether the appellant could appreciate the wrongfulness of her conduct. It also noted that a hospital incident report was not probative of whether Baxter-Balmer appreciated the wrongfulness of her conduct. Judge Bailey authored the opinion, with Judges Brown and Weissmann concurring. Appellant’s attorney: Aric J. Rutkowski, South Bend. Appellee’s attorneys: Office of the Indiana Attorney General.

U.S. Court of Appeals for the Seventh Circuit E. W., B.W. v Mt. Vernon Community School Corporation No. 25-2991 Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division, Magistrate Judge M. Kendra Klump. Affirms decision granting summary judgment to the school in a case involving the denial of an application […]

Indiana Tax Court
Convention Headquarters Hotels LLC v. Marion County Assessor
No. 19T-TA-00021

Order on Petitioner’s Motion for Leave to Amend Petition for Judicial Review. The court partially grants and partially denies Convention Headquarters Hotels, LLC’s motion to amend its petition for judicial review. The court allows amendments to the pending valuation count, confined to the market value-in-use of CHH’s property, and makes revisions to background allegations. However, it denies the addition of new counts alleging violations of uniformity and equalization due to undue delay and potential prejudice to the Assessor. Judge McAdam authored the opinion. There are no noted concurrences or dissents. Petitioner’s attorneys: Benjamin A. Blair, Brian J. Paul and David A. Suess, Faegre Drinker Biddle & Reath LLP, Indianapolis. Respondent’s attoneys: Jessica R. Gastineau, Office of Corporation Counsel, Indianapolis; Raymond J. Biederman, Sean P. Burke, Hamish S. Cohen and Jeffrey N. Furminger, Mattingly Burke Cohen & Biederman LLP, Indianapolis.

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7th Circuit Court of Appeals
USA v. Matthew J. Frazier
No. 24-3286

Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division, Judge Damon R. Leichty. Before Circuit Judges Easterbrook, Rovner and Scudder. The decision of the district court is affirmed. The court held that the district court did not abuse its discretion in declining to order a second competency hearing before Frazier waived his right to a jury trial, as the evidence did not call into question his competency. The court also affirmed the imposition of a supervised release condition requiring Frazier to maintain full-time employment, noting that this condition provided options for circumstances where Frazier may be unable to meet the requirement. Judge Rovner authored the opinion. Judges Easterbrook and Scudder concurred.

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Indiana Court of Appeals
Sharon McLain v. State of Indiana
No. 25A-CR-2562

Appeal from the Clark Circuit Court, Judge Bradley B. Jacobs. The court concluded that the trial court did not abuse its discretion by admitting body camera footage, as the defendant’s own admissions provided significant evidence against her, making any potential error harmless. The evidence presented at trial was sufficient to support McLain’s conviction for Level 2 felony dealing in methamphetamine, given her possession of over 20 grams and her recorded statements indicating intent to deliver. Furthermore, the court found that McLain’s advisory sentence of 17 and a half years was not inappropriate when considering her character and circumstances. Judge May authored the opinion, and Judges Pyle and Scheele concurred. Appellant’s attorney: Ralph E. Dowling, Muncie. Appellee’s attorney: Office of the Indiana Attorney General.

Appeal from the Hamilton Superior Court, Judge David K. Najjar, Magistrate A.J. Johnson. The appellate court finds that the trial court abused its discretion by granting default judgment against the defendants and lacks personal jurisdiction over Rawle, Montgomery McCracken, and Powell. The appellate court determined that the defendants’ motion to dismiss, which included challenges to personal jurisdiction, was still pending at the time of the default judgment, and therefore, the court should have addressed that motion first. The appellate court reversed and remanded the case with instructions to dismiss the claims against the aforementioned defendants due to lack of jurisdiction, while allowing further proceedings against the Center. Judge Kenworthy authored the opinion, with Judges Bradford and Pyle concurring. Appellants’ attorney: Charles R. Whybrew, Lewis Wagner & Trimble, Indianapolis. Appellee’s attorney: Paul B. Overhauser, Overhauser Law Offices LLC,
Greenfield.

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Indiana Court of Appeals
Jennifer T. (Garnet) Behrens, M.D., and Emergency Medicine of Eastern Indiana, P.C. v. Jerry O. Warren
No. 25A-CT-655

Appeal from the Wayne Circuit Court, Judge April R. Drake. Medical defendants appeal from a jury verdict in favor of Jerry O. Warren in a medical malpractice lawsuit, asserting that the trial court abused its discretion in admitting a photograph as evidence and denying their motion for a mistrial based on alleged juror tampering. The court found that the photograph, which was deemed admissible, did not violate evidentiary rules as it was properly authenticated by witness testimony reflecting its accuracy. The court also determined the trial court acted within its discretion by rejecting the mistrial motion due to the isolated nature of the juror’s disclosure and lack of impact on other jurors. The judgment is affirmed. Judge Pyle authored the opinion, with Judge Mathias concurring and Judge Vaidik concurring in part and concurring in result in part, expressing agreement with the mistrial decision but suggesting a different analysis on the evidentiary issue. Appellants’ attorneys: Michael E. O’Neill and Kelly K. McFadden, O’Neill McFadden & Willett LLP, Schererville. Appellee’s attorneys: Lance D. Cline and Lindsay N. Popejoy, The Cline Law Firm LLC, Carmel.

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