Articles

Opinions Feb. 21, 2023

Court of Appeals of Indiana
Indiana Office of Utility Consumer Counselor, et al. v. Duke Energy Indiana, LLC, and Indiana Utility Regulatory Commission
21A-EX-2702
Agency action. Reverses the Indiana Utility Regulatory Commission’s order concluding that Duke Energy Indiana LLC’s coal-ash-related compliance costs were recoverable under the Federal Mandate Statute. Finds that in so far as the commission granted Duke’s recovery of costs incurred before the date of the commission’s order, the commission failed to follow the prospective strictures of the statute.

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Opinions Feb. 20, 2023

Court of Appeals of Indiana
Jennifer L. Tutt v. Evansville Police Department
22A-MI-1723
Miscellaneous. Reverses the entry of summary judgment for the Evansville Police Department on Jennifer L. Tutt’s complaint alleging the department violated the Indiana Access to Public Records Act. Finds Title 9 of Indiana Code allows a fee to inspect an accident report, but it does not authorize a fee to inspect the report. Remands for the Vanderburgh Superior Court to enter summary judgment for Tutt.

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Opinions Feb. 16, 2023

Court of Appeals of Indiana
Timothy Marcus Mayberry v. Indiana Department of Corrections, et al. (mem. dec.)
22A-CT-2482
Civil tort. Affirms and reverses in part the denial of Timothy Marcus Mayberry’s complaint against the Indiana Department of Correction and four unnamed prison officials/employees, and the denial as moot of his motion for appointment of counsel. Finds the Sullivan Circuit Court erred in dismissing Mayberry’s tort claim against DOC. Also finds the trial court did not err in dismissing Mayberry’s claims against the unnamed DOC employees in their individual capacities. Finally, finds the trial court must consider Mayberry’s motion for appointment of counsel on remand.

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Opinions Feb. 15, 2023

Court of Appeals of Indiana
R.M. v. Indiana Department of Child Services
22A-XP-1661
Expungement petition. Affirms the denial of R.M.’s motion to correct error, filed after the Sullivan Circuit Court denied her petition to expunge the child in need of services and Department of Child Services records concerning her 2013 involvement with DCS. Finds the trial court did not abuse its discretion because R.M. did not show that the records had insufficient current probative value to justify their retention by DCS for future reference.

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Opinions Feb. 13, 2023

Court of Appeals of Indiana
Penny Chappey and Gregory Chappey v. Joseph Paul Storey and Complete Auto & Tire, LLC
22A-CT-979
Civil tort. Reverses summary judgment for the defendants on Penny Chappey’s negligence complaint. Finds the Carroll Circuit Court judge was biased. Also finds there is a genuine issue of material fact that precludes the entry of summary judgment. Remands with instructions that the plaintiffs are entitled to a new judge.

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Opinions Feb. 9, 2023

Court of Appeals of Indiana
Richard D. Talbott v. State of Indiana
21A-CR-2625
Criminal. Affirms Richard Talbott’s convictions of Level 3 felony criminal confinement, Level 3 felony aggravated battery, Level 6 felony strangulation and Class A misdemeanor domestic battery. Finds the Jefferson Circuit Court did not err in denying Talbott’s motion for discharge under Criminal Rule 4(B). Also finds Talbott’s right to a speedy trial was not violated. Finally, finds the criminal information alleging Talbott committed criminal confinement adequately informed him of the charge, and the state presented sufficient evidence.

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Opinions Feb. 8, 2023

Court of Appeals of Indiana
Chad A. Keister v. State of Indiana
22A-CR-1531
Criminal. Reverses in part Chad Keister’s conviction of two counts of child molesting, one as a Class C felony and one as a Level 4 felony. Finds the Warrick Circuit Court gave a jury instruction that was not supported by the evidence, which prejudiced Keister’s substantial rights. Remands with instructions to vacate Keister’s conviction of Count II and issue a new sentencing order on Count I only.

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Opinions Feb. 7, 2023

Court of Appeals of Indiana
Toni Knowles v. State of Indiana
22A-CR-2133
Criminal. Reverses the Noble Circuit Court’s declaration that the 28 days Toni Knowles had spent in jail would not be attributable to her seven-year sentence but instead would be counted as day spent in contempt of court. Finds the trial court’s finding of contempt is not sustainable under a theory of direct or indirect contempt. Remands with instructions to award Knowles 28 days along with good-time credit to which she may be entitled for those day as credit toward her seven-year sentence.

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Opinions Feb. 6, 2023

Court of Appeals of Indiana
Trevor Kentrell Bowie v. State of Indiana
22A-CR-1149
Criminal. Affirms Trevor Bowie’s convictions of Level 1 felony attempted murder, Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 6 felony resisting law enforcement, Level 6 felony theft of a firearm, Class A misdemeanor possession of marijuana and Class B misdemeanor disobeying a declaration of a disaster emergency, and the jury’s verdicts that he is a habitual offender and was eligible for a firearm enhancement. Finds Bowie knowingly, intelligently and voluntarily waived his right to counsel. Also finds Bowie has failed to establish that the defective attempted murder charge merits reversal.

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Opinions Jan. 31, 2023

Court of Appeals of Indiana
Faye E. Hunter and James E. Hunter v. J & M Displays, Inc.
22A-CT-1454
Civil tort. Affirms the grant of J & M Displays Inc.’s motion for summary judgment in a dispute with Faye E. and James E. Hunter. Finds the evidence does not constitute a direct physical impact under the Modified Impact Rule. Also finds the Johnson Superior Court did not err in granting summary judgment with respect to the Hunters’ claim of negligent infliction of emotional distress.

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Opinions Jan. 30, 2023

Court of Appeals of Indiana
Tina M. Isley v. State of Indiana
21A-CR-2837
Criminal. Affirms the denial of Tina Isley’s motion to suppress blood draw results and medical records. Finds Isley’s rights under the Fourth Amendment, Article 1, Section 11 of the Indiana Constitution and Indiana’s implied consent laws were not violated. Judge Melissa May concurs in result with separate opinion.

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Opinions Jan. 27, 2023

Court of Appeals of Indiana
Akinfemiwa Akinribade v. State of Indiana
22A-CR-1757
Criminal. Affirms and reverses in part the order to disclose Afkinfemiwa Akinribade’s expert’s summary of the state’s crime lab report. Finds Akinribade waived any objection to the disclosure of the one page of the summary that he introduced into evidence at a deposition of the state’s DNA analyst. Also finds the state failed to make the requisite showing of either substantial need or exceptional circumstances to justify the disclosure of the remaining pages of the summary under Indiana Trial Rule 26(B). Remands for further proceedings. Judge Melissa May dissent with separate opinion.

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Opinions Jan. 25, 2023

Court of Appeals of Indiana
State of Indiana, acting by and through its Department of Natural Resources v. Kailee M. Smith (now Leonard) and Jeffrey S. McQuary
22A-MI-685
Miscellaneous. Reverses the judgment in favor of Kailee Leonard on her suit against the state of Indiana for indemnification. Finds the state did not waive its challenge to the noncriminality of Officer Scott Johnson’s actions in procuring Leonard’s false arrest. Also finds the falsehood finding does not support the Marion Superior Court’s conclusion that Johnson’s actions were “noncriminal” under the indemnification statute.

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