Court of Appeals of Indiana
In the Matter of Ar.B., At.B., and As.B., Minor Children Alleged to be Children in Need of Services; K.S. (Mother) v. Indiana Department of Child Services
22A-JC-672
Juvenile CHINS. Affirms the adjudication of mother K.S.’s children, Ar.S., At.S. and As.S., as children in need of services. Finds the evidence is sufficient to support the CHINS finding. Also finds K.S. waived her challenge to the timeliness of the dispositional hearing.
Court of Appeals of Indiana
Nickalas James Kedrowitz v. State of Indiana
22A-CR-457
Criminal. Affirms Nickalas Kedrowitz’s convictions of two counts of murder and his sentence to an aggregate of 100 years. Finds the juvenile court did not abuse its discretion in finding Kedrowitz competent to stand trial or in waiving jurisdiction. Also finds the Ripley Circuit Court had jurisdiction to hear the case following a valid waiver by the juvenile court. Finally, finds the trial court did not abuse its discretion in sentencing Kedrowitz, his sentence is not inappropriate in light of the nature of his offenses and his character, and he has not made cognizable challenges pursuant to Article 1, Sections 16 and 18 of the Indiana Constitution.
Court of Appeals of Indiana
L.W. v. State of Indiana
22A-JV-1138
Juvenile. Reverses the denial of L.W.’s. motion to suppress all evidence obtained in connection with a blood draw. Finds L.W. did not receive the protections mandated by Indiana Code § 31-32-5-1. Also finds that absent a valid consent or exigent circumstances, the state’s warrantless draw of L.W.’s blood violated her Fourth Amendment rights. Remands with instructions to grant L.W.’s motion to suppress.
Court of Appeals of Indiana
S.E., Minor Child, By Next Friend, Katherine Danley Glaser, and Katherine Danley Glaser v. City of Carmel, Indiana
22A-CT-520
Civil tort. Affirms summary judgment for the city of Carmel in a dispute with Katherine Danley Glaser, mother of S.E. Finds the record shows no genuine issues of material fact that the city and the Carmel/Clay Department of Parks and Recreation are separate political subdivisions under an interlocal agreement’s terms, state statutes and caselaw, so the city cannot be held liable for the negligent acts or omissions of the parks department or its employees pursuant to Indiana Code 34-13-3-3-(a)(10).
Court of Appeals of Indiana
Scottsdale Insurance Company, et al. v. Harsco Corporation
21A-PL-2483
Civil plenary. Affirms and reverses in part the entry of summary judgment in favor of Harsco Corporation, ordering Scottsdale Insurance Company to pay Harsco approximately $70,000 in defense costs and approximately $5 million in indemnification and interest. Finds Harsco is not entitled to indemnification pursuant to either the commercial general liability policy or the umbrella policy with Scottsdale. Also finds Scottsdale failed to establish that the Marion Superior Court erroneously ordered it to pay any portion of the $70,975.93 to Harsco pursuant to Scottsdale’s duty to defend. Remands with instructions to enter judgment in favor of Harsco in the amount of $70,975.03.
Court of Appeals of Indiana
Roderick V. Lewis v. State of Indiana (mem. dec.)
22A-CR_1239
Criminal. Reverses Roderick V. Lewis’ 124-year sentence for two counts of felony murder following remand by the 7th Circuit Court of Appeals for the issuance of a writ of habeas corpus. Finds that on remand the Allen Superior Court errantly revised its sentence from 65 years on each count to 62 years for each count. Concludes the sentence imposed by the trial court is inappropriate and remands for resentencing to the advisory term of 55 years on each count to be served consecutively.
The Indiana Supreme Court’s Disciplinary Commission on Friday published a nonbinding advisory opinion focused on Rules of Professional Conduct Rule 1.10, which outlines when a law firm is prohibited from representing a client based on imputed conflicts of interest.
Court of Appeals of Indiana
Rolland G. Shoup, II v. State of Indiana (mem. dec.)
22A-IF-122
Infraction. Affirms the finding that Rolland G. Shoup II committed the infraction of speeding. Finds sufficient evidence supports the Marion Superior Court’s finding.
Court of Appeals of Indiana
In the Matter of the Paternity of A.R.S. (Minor Child); P.M.S. v. T.P.W.
22A-JP-529
Juvenile paternity. Affirms the order modifying custody of A.R.S. in favor of mother T.P.W. and awarding father P.M.S. parenting time. Finds the Warrick Superior Court did not abuse its discretion by modifying custody. Also finds the trial court granted parenting time to P.M.S. pursuant to the Indiana Parenting Time Guidelines.
Court of Appeals of Indiana
Chelsea Newman v. State of Indiana (mem. dec.)
22A-CR-594
Criminal. Affirms Chelsea Newman’s conviction of Level 6 felony unlawful possession of a legend drug. Finds the Blackford Superior Court did not abuse its discretion by admitting Newman’s statements to her community corrections supervisor, made during a meeting and subsequent compliance check, into evidence in her instant trial.
Eric M. Seibel v. State of Indiana (mem. dec.)
22A-CR-269
Criminal. Reverses Eric M. Seibel’s conviction of Level 5 felony battery against a public safety official while engaged in the execution of official duties, resulting in bodily injury. Finds the Knox Superior Court committed reversible error by refusing Seibel’s tendered lesser-included offense instruction. Also finds the evidence is sufficient to support a conviction of the lesser-included offense. Remands to the trial court to vacate Seibel’s Level 5 felony conviction, enter a judgment of conviction on Level 6 felony battery on a public official and resentence him accordingly. Affirms Seibel’s Level 6 felony conviction of domestic battery.
Court of Appeals of Indiana
Willie Mills Sr. v. State of Indiana
22A-CR-591
Criminal. Affirms Willie Mills Sr.’s convictions for Level 2 felony burglary, Level 3 felony burglary, Level 3 felony armed robbery and Level 5 felony battery by means of a deadly weapon. Finds Mills failed to show that the face mask requirement imposed by the Wayne Superior Court denied him his right to confront witnesses and was fundamental error. Also finds Mills waived his Article I, Section 13 right to counsel claim by failing to raise it in the trial court and, waiver notwithstanding, Mills failed to show any reason why, unlike the federal constitution, the state constitution should be interpreted to disallow admission of a statement that a defendant knowingly and voluntarily gave to law enforcement after appointment of counsel. Finally, finds there is sufficient evidence to support Mills’ convictions as an accomplice.
Court of Appeals of Indiana
Lake Ridge School Corporation and School City of Hammond, West Lafayette Community School Corporation v. Eric Holcomb, in his official capacity as Governor of the State of Indiana; Indiana State Board of Education; Indiana Department of Education; and Todd Rokita, in his official capacity as Attorney General of the State of Indiana
22A-PL-423
Civil plenary. Affirms the Lake Superior Court’s grant of summary judgment to defendants Eric Holcomb, in his official capacity as governor of the state of Indiana; the Indiana State Board of Education; that Indiana Department of Education; and Todd Rokita, in his official capacity as attorney general of the state of Indiana in a dispute with Lake Ridge School Corporation, School City of Hammond and West Lafayette Community School Corporation. Finds the school corporations, as political subdivisions, cannot assert takings claims against the state defendants in their efforts to maintain control of closed public-school buildings.
Court of Appeals of Indiana
Jajuan L. Clayton v. State of Indiana (mem. dec.)
22A-CR-693
Criminal. Affirms Jajuan Clayton’s conviction for Level 2 felony dealing in a Schedule I controlled substance. Finds sufficient evidence to support the conviction.
Court of Appeals of Indiana
Roto-Rooter Services Company v. Nationwide Insurance Company of America a/s/o Eduardo and Dawn Manning Juarbe (mem. dec.)
22A-CT-760
Civil tort. Affirms the denial of Roto-Rooter Services Company’s motion for relief from default judgment in a dispute with Nationwide Insurance Company of America a/s/o Eduardo and Dawn Manning Juarbe. Finds Roto-Rooter failed to establish exceptional circumstances necessary to satisfy Indiana Trial Rule 60(B)(8).
Court of Appeals of Indiana
Penny Korakis v. Memorial Hospital of South Bend, Michael R. Messmer, D.O., David A. Halperin, M.D.
22A-CT-867
Civil tort. Affirms the grant of summary judgment to Dr. David A. Halperin, Dr. Michael R. Messmer and Memorial Hospital of South Bend on Penny Korakis’ medical malpractice lawsuit. Finds Dr. James Kemmler’s affidavit was insufficient to create genuine issues of fact such that summary judgment in favor of the defendants was inappropriate.
Court of Appeals of Indiana
Jim Brugh v. Board of Commissioners of Cass County, Indiana, et al. (mem. dec.)
22A-PL-2474
Civil plenary. Affirms the denial of Jim Brugh’s motion to correct error, filed after the Cass Circuit Court approved a proposed agreed order reached by the Board of Commissioners of Cass County and the city of Logansport in a partition action through a mediation that took place without Brugh, who previously had been permitted to intervene. Finds Brugh did not have standing to participate in the mediation.
Court of Appeals of Indiana
Charitable Allies, Inc. v. Down Syndrome Association of Northwest Indiana, Inc. (mem. dec.)
22A-PL-1111
Civil plenary. Affirms the removal of Charitable Allies’ notice of an attorney’s lien in an underlying action between Charitable Allies’ former client, Down Syndrome Association of Northwest Indiana Inc., and former officers of DSA. Finds Charitable Allies has waived its argument regarding the Lake Superior Court’s purported lack of subject matter jurisdiction, and its assertion that the trial court lacked personal jurisdiction over it is meritless and not supported by cogent reasoning or authority. Also finds the trial court’s removal of the notice of lien is not reversible error. Finally, finds the totality of Charitable Allies’ work product to the Court of Appeals demonstrates not just weak legal positions, but positions “utterly devoid of all plausibility.” Remands to the trial court with instructions for it to determine and award to DSA a reasonable amount for its appellate attorney fees in this appeal.
Court of Appeals of Indiana
E.S. v. State of Indiana
22A-JV-1197
Juvenile. Reverses E.S.’s delinquency adjudication for sexual battery, a Level 6 felony when committed by an adult. Finds the state did not present sufficient evidence beyond a reasonable doubt to sustain E.S.’s delinquency adjudication.