Opinions

Indiana Supreme Court
Hoosier Contractors, LLC v. Sean Gardner
22S-CT-381
Civil tort. Reverses the denial of Hoosier Contractors LLC’s motion for summary judgment but affirms the denial of Sean Gardner’s motion for partial summary judgment. Finds Gardner did not prove he sustained any injury that would afford him standing to pursue his counterclaim against Hoosier Contractors. Remands with instructions to dismiss the counterclaim for lack of standing. Justice Christopher Goff concurs in the judgment with separate opinion, joined by Chief Justice Loretta Rush.

Court of Appeals of Indiana
U.S. Bank National Association as Trustee for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1998-7 v. Mary Sue Spencer and Phillip L. Spencer
22A-MF-2184
Mortgage foreclosure. Reverses the Martin Circuit Court’s denial of U.S. Bank’s motion for summary judgment in a foreclosure action against Mary and Phillip Spencer. Finds the trial court erroneously denied U.S. Bank’s motion for summary judgment. Remands with instructions to vacate the judgment, enter partial summary judgment in favor of U.S. Bank and conduct further proceedings consistent with the opinion.

Court of Appeals of Indiana

Billy Gene Luke v. State of Indiana
23A-CR-50
Criminal. Affirms the Dearborn Circuit Court’s order prohibiting Billy Luke from proceeding pro se. Finds the trial court’s conclusion is supported by the record.

Court of Appeals of Indiana
Bret S. Booher v. Atlas Services, Inc. (mem. dec.)
22A-CC-2301
Civil collections. Affirms the Grant Superior Court’s judgment in favor of Atlas Services for $5,124. Finds Bret Booher’s wife had apparent authority to authorize work on a rental property that was titled only in Bret’s name.

Court of Appeals of Indiana
Heidi Marie Littlefield v. State of Indiana
22A-CR-2895
Criminal. Affirms Heidi Littlefield’s convictions of murder, Level 1 felony conspiracy to commit murder and Level 2 felony conspiracy to commit murder, as well as her 115-year aggregate sentence. Finds the evidence was sufficient to support Littlefield’s murder conviction. Also finds there is no double jeopardy violation as to Littlefield’s convictions for both murder and conspiracy to commit murder. Finally, find Littlefield’s sentence is not inappropriate in light of the nature of the offenses or her character.

Court of Appeals of Indiana
Piccadilly Management as Managing Agent for Piccadilly Properties II, LLC DBA Roland Manor v. Shenita Abney
22A-SC-01904
Small claims. Reverses the denial of Piccadilly Management’s request for post-judgment interest on an award of attorney fees. Finds Indiana Code § 24-4.6-1-101 indicates Piccadilly is entitled to post-judgment interest on attorney fees. Remands for the court to calculate the post-judgment interest due on the attorney fees and enter a new judgment and garnishment order.

Court of Appeals of Indiana
Brandi S. Bare v. State of Indiana (mem. dec.)
22A-CR-2879
Criminal. Affirms Brandi Bare’s convictions of operating a vehicle while intoxicated causing death and reckless homicide, and her 57-year aggregate sentence. Finds Bare waived her ability to directly appeal her convictions following a guilty plea. Also finds Bare has not met her burden to establish that her sentence is inappropriate.

Court of Appeals of Indiana
Jatinder K. Kansal, M.D., P.C. v. Taylor Krieter
22A-CT-2646
Civil tort. Affirms the Lake Superior Court’s denial of Dr. Jatinder Kansal’s motion to dismiss Taylor Krieter’s complaint alleging battery and intentional infliction of emotional distress. Finds that assuming sexual misconduct occurred as Krieter alleged, it was wholly unrelated to the provision of medical care, so she is not claiming medical malpractice, the Medical Malpractice Act doesn’t apply and the trial court has subject-matter jurisdiction.

Court of Appeals of Indiana
John Simpson and Monroe LLC v. Brown County Board of Commissioners; Chuck Braden, in his official capacity; Diana Biddle, in her official capacity; and Jerry Pittman, in his official capacity
22A-PL-3102
Civil plenary. Affirms the Bartholomew Circuit Court’s dismissal of John Simpson and Monroe LLC’s complaint against the Brown County Board of Commissioners and its members. Finds that Simpson’s claim sounding in tort is barred as a matter of law. Also finds the trial court did not err when it dismissed Simpson’s complaint pursuant to Indiana Trial Rule 12(B)(6).

Court of Appeals of Indiana
Red Lobster Restaurants LLC, and Progressive Flooring Services, Inc., and Dwayne Featheroff v. Abigail Fricke
22A-CT-2221
Civil tort. Affirms the Marion Superior Court’s denial of Red Lobster Restaurants LLC’s motion for summary judgment in a personal injury action filed against it by Abigail Fricke.  Finds the trial court did not abuse its discretion when it denied Red Lobster’s motion to strike Fricke’s affidavit. Also finds the trial court did not err when it denied Red Lobster’s motion for summary judgment because Fricke had standing to bring suit in her own name, and a genuine issue of material fact exists regarding whether Fricke intentionally concealed her personal injury lawsuit from the bankruptcy court.

Court of Appeals of Indiana

In the Matter of the Adoption of G.J., Minor Child, D.A. v. D.J. (mem. dec.)
22A-AD-2828
Adoption. Affirms LaGrange Circuit Court’s ruling that that the consent of D.J., father of G.J., was required for the adoption of the child by D.A., the child’s stepfather. Finds D.A. has not overcome the presumption that a trial court’s ruling in an adoption case is correct. Also, finds evidence in the record supporting the trial court’s conclusion.

Edwin Joseph Rigaud v. State of Indiana (mem. dec.)
22A-CR-2545
Criminal. Affirms Edwin Rigaud’s conviction for misdemeanor reckless driving. Finds the evidence presented of Riguad driving past a stationary school bus with an extended stop arm was sufficient to support the conviction. Judge Elizabeth Tavitas concurs in result without opinion.

Rene Martinez v. Kilolo Kijakazi, Acting Commissioner of Social Security
22-1820
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Robert Miller.
Civil. Vacates the district court’s denial of Rene Martinez’s application for supplemental security income. Finds the administrative law judge’s decision is not supported by substantial evidence. Remands for further consideration.

Court of Appeals of Indiana
Thomas J. Herr v. State of Indiana
22A-PL-142
Civil plenary. Affirms the Tippecanoe Superior Court’s grant of summary judgment to the state and the denial of summary judgment to Thomas Herr on his claim that the Tippecanoe County closed primary election system is unconstitutional. Finds Herr has failed to show that Tippecanoe County’s closed primary system for electing judges violates the First or 14^th Amendments, so the trial court did not err in denying his motion for summary judgment and granting the state’s. Also finds the trial court did not err in determining Tippecanoe County’s closed primary election system does not violate Herr’s right to vote under the Indiana Constitution. Finally, finds the trial court did not err in determining the closed primary system does not violate Herr’s rights under the privileges and immunities clause of the Indiana Constitution.

Court of Appeals of Indiana
In the Matter of: R.G. (Minor Child) v. The State of Indiana
23A-JV-00011
Juvenile. Affirms the Lake Superior Court’s award of guardianship of R.G. to the Indiana Department of Correction following his violation of the probation he was serving after his adjudication as a delinquent. Finds the trial court did not abuse its discretion when it placed R.G. in DOC when he failed to abide by probation requirements, engaged in physical altercations in detention, and the only residential placement facility that accepted him didn’t have an opening for six to eight weeks.

Indiana Supreme Court
State of Indiana v. Bryan D. Lyons
23S-CR-163
Criminal. Grants transfer and affirms the suppression of incriminating statements Bryan D. Lyons made immediately after a polygraph that was changed to a “non-stipulated,” inadmissible investigatory examination without disclosure to the state. Finds that before excluding evidence as a Trial Rule 37 discovery sanction, a trial court must find that the exclusion is the sole remedy available to avoid substantial prejudice or that the sanctioned party’s culpability reflects an egregious discovery violation. Also finds the Lawrence Superior Court’s order in Lyons’ case enforced Trial Rule 37 within those limits.

Indiana Supreme Court
S.D. v. G.D.
23S-PO-89
Protective order. Affirms the issuance of a two-year protective order against father S.D., with the Starke Circuit Court finding that mother G.D. had established that “domestic or family violence” occurred and that father “represents a credible threat to the safety” of G.D. and child H.D. Finds the trial court’s evidence-based findings support its judgment issuing a protective order against S.D.

Court of Appeals of Indiana
In re the Supervised Estate of Gene D. Bricker, Deceased Ann Bricker v. The Estate of Gene D. Bricker and Dennis Bricker
23A-ES-3
Estate supervised. Affirms the Hancock Superior Court’s denial of Ann Bricker’s petition to have real estate and a farm account included in Gene Bricker’s estate. Finds there is some similarity between transfer-on-death transfers and a trust designed to defeat a surviving spouse’s share, but concludes the TOD transfers in this case cannot be included in Gene Bricker’s estate. Also finds TOD transfers cannot be found to be “testamentary in nature” for purposes of the state’s spousal inheritance statute.

Court of Appeals of Indiana
In The Matter of L.S., a Child in Need of Services, J.C. v. Indiana Department of Child Services
22A-JC-2822
Juvenile CHINS. Dismisses father J.C.’s appeal of the Vanderburgh Superior Court’s denial of his motion to modify the placement of his child, L.S. Finds father’s notice of appeal indicates that the order denying the modification is a final appealable order, but it is not. Also finds father did not seek an interlocutory appeal. Finally, finds the Court of Appeals lacks appellate jurisdiction.

Indiana Supreme Court
Kathryn Davidson v. State of Indiana, et al.
22S-CT-318
Civil tort. Affirms the Monroe Circuit Court’s judgment dismissing Kathryn Davidson’s lawsuit with prejudice and denying Davidson’s motions to correct error and to amend her complaint. Finds claim preclusion does not apply but issue preclusion does, and the trial court was correct in dismissing Davidson’s action on the latter ground. Also finds the trial court was not obliged to review the Rule 12 motions as motions under Rule 56. Finally, finds the trial court was entitled to dismiss the action with prejudice, so it did not violate Davidson’s due process rights.