Court of Appeals of Indiana
R.P. and D.P. v. A.W. and K.H. (mem. dec.)
22A-AD-1862
Adoption. Affirms the denial of R.P. and D.P.’s petition to adopt their grandson. Finds the Jasper Superior Court did not err in concluding that the grandparents did not prove by clear and convincing evidence that for at least one year mother A.W. and father K.H. failed without justifiable cause to communicate significantly with child E.W.-H. when able to do so.
Indiana Supreme Court
Donnell Goston, Sr., et al. v. State of Indiana, et al.
23S-CT-5
Civil tort. Grants transfer to clarify that Indiana Trial Rule 16, Trial Rule 56(B) and Marion County Local Rule LR49-TR16 207(B) work in harmony and are not in conflict. Finds the Marion Superior Court appropriately exercised the discretion afforded by Trial Rule 16 in a manner that balanced the goals of doing justice to the merits of the case, minimizing the risk of prejudice to the plaintiffs, and maintaining orderly and efficient court proceedings when it considered the defendants’ motion for summary judgment, filed outside the deadline set by the local rule. Summarily affirms the Court of Appeals of Indiana in all other respects.
Court of Appeals of Indiana
Kory Easterday v. Amber (Easterday) Everhart
22A-DC-1510
Domestic relations with children. Reverses in part the Jackson Superior Court’s decision to modify the legal custody of Ka.E., the child of father Kory Easterday and mother Amber Everhart. Finds Easterday demonstrated prima facie error. Also finds the trial court erred when it based the modification of legal custody solely on religion. Finally, finds the portion of the trial court’s order totally prohibiting Easterday from discussing religion with Ka.E. violates his First Amendment right to free speech.
Indiana Supreme Court
Indiana Office of Utility Consumer Counselor, Citizens Action Coalition of Indiana, Inc., Vote Solar, Environmental Law & Policy Center, Solarize Indiana, Inc., Solar United Neighbors, and Indiana Distributed Energy Alliance v. Southern Indiana Gas and Electric Company and Indiana Utility Regulatory Commission
22S-EX-00166
Agency action. Affirms the Indiana Utility Regulatory Commission’s approval of Southern Indiana Gas and Electric Company’s petition for approval of its new instantaneous netting method determining the amount of credit its customers receive for their excess distributed generation of electricity. Finds the commission properly held that Vectren’s instantaneous netting method is not contrary to law and satisfies the requirements in Indiana Code § 8-1-40-5. Justice Christopher Goff concurs in result without separate opinion. Justice Derek Molter did not participate.
Court of Appeals of Indiana
Tonia Land, individually and on behalf of all others similarly situated v. IU Credit Union
22A-CP-382
Civil plenary. Reverses the grant of IU Credit Union’s motion to compel arbitration on Tonia Land’s overdraft lawsuit. Finds IUCU failed to provide reasonable notice to Land of the arbitration contract, so there was no meeting of the minds. Also finds Land’s silence did not constitute acceptance, and lack of acceptance is a ground for invalidating the addendum’s arbitration requirement. Remands for further proceedings.
Court of Appeals of Indiana
John S. Wagner and Sharon G. Wagner v. United Farm Family Mutual Insurance Company (mem. dec.)
22A-PL-1419
Civil plenary. Affirms the entry of summary judgment in favor of United Farm Family Mutual Insurance Company on John and Sharon Wagner’s complaint for wrongful denial of coverage. Finds the Carroll Circuit Court did not err in ruling that the Wagners’ policy does not cover their mold-related loss.
Court of Appeals of Indiana
Fredrick Austin v. State of Indiana
22A-CR-1240
Criminal. Reverses Fredrick Austin’s convictions of two counts of Level 1 felony child molesting. Finds the evidence is insufficient to support the convictions. Remands with instructions to replace the two Level 1 felony convictions with two convictions of Level 4 felony child molesting and to resentence Austin accordingly.
Court of Appeals of Indiana
John C. Miller v. State of Indiana
22A-CR-1055
Criminal. Affirms John C. Miller’s convictions of Level 4 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds Whitley Circuit Court did not abuse its discretion when it admitted evidence recovered during a pat-down search of Miller. Finds the pat-down search was supported by reasonable suspicion and thus did not violate Miller’s Fourth Amendment rights.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
United States of America v. Thomas Jones, et al.
20-1405, 20-1442, 20-2112, 20-2304, 20-2420, 20-2458, 20-2462, 20-2498, 20-2499, 20-3266, 21-1002
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney, II.
Criminal. Affirms all challenged drug-related convictions for Pierre Riley, Reggie Balentine, Michael O’Bannon, Michael Jones, Jason Reed, Shaun Myers, Perry Jones, Thomas Jones, Derrick Owens and Antwon Abbott. Affirms all defendant-appellants’ sentences except that of Thomas Jones. Finds no reversible error except as to the imposition of a two-level firearm enhancement to Thomas’ sentence. Remands Thomas’ case for resentencing. Judge Thomas Kirsch dissents in part with separate opinion.
Court of Appeals of Indiana
Michael Bass Chatman v. State of Indiana
22A-CR-934
Criminal. Affirms Michael Bass Chatman’s conviction of Level 3 felony aggravated battery resulting in serious bodily injury to a person less than 14 years old. Finds the testimony by the pediatric nurse practitioner was not inadmissible hearsay under Indiana Evidence Rule 703.
Indiana Farmers Mutual Insurance Company v. HomeWorks Management Corporation; HomeWorks Funding Group II LLC; HomeWorks Construction Inc.; HomeWorks Holdings LLC; HomeWorks Realty LLC; HomeWorks Management and Remodeling LLC; HomeWorks Investments, Inc.; Selena Wiley; Joevonne Hiles, Sr.; Child Doe A; Child Doe B; Jeff Muzik; Ken Mensik; Joe Colvin, Jodi Pearce; Becky Medich; Mitchell Hooton; and Ron McCall
22A-PL-1232
Civil plenary. Reverses the entry of summary judgment in favor of HomeWorks Management Corporation and HomeWorks Funding Group II LLC and the denial of Indiana Farmers Mutual Insurance Company’s motion to summary judgment. Finds the St. Joseph Circuit Court erred.
Kalanu Carter v. Ryan Carter
21A-DC-2395
Domestic relations with children. Affirms the Miami Superior Court’s grant of father Ryan Carter’s motion to reopen evidence after the final hearing in a dissolution action and the award of primary physical custody of minor child to Ryan. Reverses the trial court’s order that mother Kalanu Carter, as the noncustodial parent, pay $20 per week in child support. Finds the trial court did not abuse its discretion when it granted Ryan’s motion to reopen evidence or when it awarded him primary physical custody, but did abuse its discretion when it ordered Kalanu to pay $20 a week in child support. Remands with instructions for the trial court to enter an order that Kalanu is not required to pay child support because the adjustments to her child support obligation exceed the obligation.
Court of Appeals of Indiana
Tariq Fuad Hamdi v. State of Indiana
22A-CR-1324
Criminal. Affirms Tariq Fuad Hamdi’s conviction of Level 5 felony dealing in hash oil weighing at least 300 grams. Finds the evidence sufficient.
Indiana Supreme Court
In the Matter of the Civil Commitment of B.N. v. Health and Hospital Corporation d/b/a Sandra Eskenazi Mental Health Center
22S-MH-408
Mental health. Grants transfer and affirms the order of regular commitment of B.N. after the Marion Superior Court conducted a remote hearing. Finds the trial court abused its discretion by failing to provide particularized and specific factual support to conduct B.N.’s commit hearing remotely over her timely objection, but the error was harmless.
Court of Appeals of Indiana
Jennifer R. Teising v. State of Indiana
22A-CR-548
Criminal. Reverses Jennifer R. Teising’s convictions of 21 counts of Level 6 felony theft. Finds the state failed to present sufficient evidence that Teising intended to abandon her Wabash Township domicile and establish a new residence elsewhere and that she, in fact, established said new residence. Also finds the Tippecanoe Superior Court erred in finding Teising guilty.
Court of Appeals of Indiana
Kevin D. Albertson and Pamela L. Albertson v. Richard Cadwell and Lisa Cadwell
22A-PL-782
Civil plenary. Affirms partial summary judgment awarded to Richard and Lisa Cadwell on Kevin and Pamela Alberton’s complaint for declaratory judgment seeking an easement of necessity on the Cadwells’ real property. Finds that because the parties agreed at the time of the conveyance of the new parcel that the Albertsons would not have an easement across the Cadwell property, the Albertsons’ claim to such an easement now fails as a matter of law. Also finds the Hendricks Circuit Corut did not err when it entered partial summary judgment for the Cadwells on the Albertsons’ alleged easement of necessity.
Indiana Supreme Court
Marquis David Young v. State of Indiana
22S-CR-306
Criminal. Affirms Marquis David Young’s convictions of murder and two counts of attempted murder. Finds a reasonable inference that Young was guilty as charged may be drawn from the whole picture of the evidence in this case.
Court of Appeals of Indiana
Thomas M. Shoaff v. First Merchants Bank
22A-PL-514
Civil plenary. Affirms the grant of summary judgment in favor of First Merchants Bank on its action seeking to hold Thomas Shoaff to his responsibilities under a signed guaranty agreement, but reverses the Allen Superior Court’s damages award with respect to its calculation of interest, late fees and attorney fees. Finds the trial court did not err when it granted summary judgment to First Merchants but did err with respect to its award of interest, late fees and attorney fees. Remands for further proceedings.
Court of Appeals of Indiana
Great West Casualty Company, DTAK, LLC, and Matthew Ehlen v. Founders Insurance Company (mem. dec.)
22A-PL-1771
Civil plenary. Affirms the grant of summary judgment in favor of Founders Insurance Company declaring that Founders is not obligated to provider coverage under an automobile insurance policy procured by Brian K. Gates Jr. Finds Founders is entitled to judgment as a matter of law, and there is no genuine dispute of material fact. Also finds the LaPorte Superior Court did not err in granting summary judgment to Founders and denying summary judgment to Great West Casualty Company, DTAK LLC and Matthew Ehlen.
Court of Appeals of Indiana
Avis Deforest White v. State of Indiana
22A-CR-978
Criminal. Reverses the denial of Avis Deforest White’s motion to suppress evidence stemming from a traffic stop. Finds the Indiana General Assembly has not made “inactive” registration an infraction, so the traffic stop was not justified by reasonable suspicion and was therefore impermissible. Judge Margret Robb dissents with separate opinion.