Opinions

Court of Appeals of Indiana
Donnell Goston Sr., et. al v. State of Indiana, et al.
21A-CT-2484
Civil tort. Affirms the grant of summary judgment for the Indiana Department of Child Services and other state defendants on father Donell Goston Sr.’s negligence complaint. Finds the Marion Superior Court didn’t err in allowing DCS to file a third motion for summary judgment as the motion addressed grounds not previously brought by the agency. Also finds the Notice Statute doesn’t allow a private right of action, and the Legislature didn’t intend for the law to allow it to do so.

Court of Appeals of Indiana
Anthony Brahimsha v. Mariana Vallejo (mem. dec.)
21A-DC-2812
Domestic relations with children. Affirms the Jasper Circuit Court’s division of the marital estate arising from the dissolution of marriage between Anthony Brahimsha and Mariana Vallejo. Finds the trial court did not abuse its discretion by including a $70,000 loan and a vehicle in the marital pot or by omitting the value of the parties’ personal assets from the marital estate. Also finds the trial court did not err in finding that Wife had dissipated marital assets. Finally, finds the trial court did not err when it deviated from an equal division of the marital estate.

Court of Appeals of Indiana
Jacquetta Hahn-Weisz v. Samuel C. Johnson and Amber Johnson
22A-DC-36
Domestic relations with children. Reverses the Union Circuit Court’s partial grant of a petition to modify custody of J.J. filed by father Samuel Johnson. Finds Jacquetta Hahn-Weisz, the child’s grandmother who raises the child, presented clear and convincing evidence that the child’s best interests were substantially and significantly served by remaining with her. Also finds she has demonstrated prima facie error in the trial court’s granting of Johnson’s petition for modification of custody.

Court of Appeals of Indiana
Trent Michael Weaver v. State of Indiana  
21A-CR-2424
Criminal. Affirms Trent Weaver’s aggregate eight-year sentence following his convictions of dealing in a narcotic drug and reckless homicide, both as a Level 5 felony. Finds the Pulaski Superior Court did not abuse its discretion when it imposed separate sentences for Weaver’s dealing and reckless homicide convictions, when it imposed consecutive sentences for those convictions or when it imposed enhanced consecutive sentences. Also finds the trial court’s sentencing statement is adequate. Finally, finds the trial court did not abuse its discretion when it sentenced Weaver.

Court of Appeals of Indiana
Charles T. Ramey, III and Jordan McHenry v. Ashley D. Ping  
21A-CT-2103
Civil tort. Affirms the denial of father Charles Ramey and Jordan McHenry’s joint motion for judgment on the evidence and motion to correct error, filed after a jury ruled in favor of mother Ashley Ping and awarded her damages on her complaint alleging Ramey and McHenry filed a false report of child abuse against her. Finds the Johnson Superior Court did not err when it interpreted the false reporting statute and, as such, did not err when it instructed the jury. Also finds Ping presented sufficient evidence to negate the statutory presumption of good faith and qualified immunity and to support the jury’s award of punitive damages. Finally, finds Ping was not precluded from bringing the instant lawsuit under either the principle of res judicata or under the terms of a release agreement. 

Court of Appeals of Indiana

In the Matter of R.A.M.O, Child in Need of Services, D.F., Mother, v. Indiana Department of Child Services
21A-JC-1873
Juvenile CHINS. Affirms the Johnson Circuit Court’s determination that R.A.M.O is a child in need of services. Finds the trial court did not abuse its discretion by resetting the factfinding hearing beyond the 120-day time limit established in Indiana Code section 31-34-11-1(b). Rejects mother’s claims that the juvenile court’s decision to continue the matter violated her right to due process and that she was denied the effective assistance of counsel.

Thursday’s opinions

Court of Appeals of Indiana 

Five Star Roofing Systems, Inc. D/B/A Five Star Commercial Roofing Systems Inc. v. Armored Guard Window & Door Group, Inc. D/B/A Pendleton Enterprises, Inc.
21A-PL-1964
Civil plenary. Affirms the grant of summary judgment, damages, and attorney fees in favor of Armored Guard Window & Door Group, Inc., doing business as Pendleton Enterprises, Inc. against Five Star Roofing Systems, Inc. Reverses the award of prejudgment interest with respect to the date the prejudgment interest began to accrue. Remands with instructions for the court to determine the appropriate amount of interest from Feb. 9, 2016.

Court of Appeals of Indiana
Joseph L. Wilson v. State of Indiana
21A-CR-2308
Criminal. Affirms the denial of Joseph L. Wilson’s motion to modify his sentence. Finds Wilson has not demonstrated that the Jay Circuit has authority to modify his sentence while he is on parole.

Court of Appeals of Indiana
Timothy DeWayne Forshee v. State of Indiana (mem. dec.)
21A-CR-2228
Criminal. Affirms Timothy DeWayne Forshee’s sentence to an aggregate of five years executed for his convictions of three counts of Level 5 felony sexual misconduct with a minor. Finds the Madison Circuit Court did not abuse its discretion in sentencing Forshee. Also finds Forshee’s sentence is not inappropriate.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Monday:

Lamone Lauderdale-El v. Indiana Parole Board 
21-1242
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Patrick Hanlon.
Civil. Affirms the dismissal without prejudice of Lamone Lauderdale-El’s habeas corpus petition for failure to exhaust state remedies. Finds the dismissal was a final, appealable judgment. Overrules the contrary jurisdictional holdings of Gacho v. Butler, 792 F.3d 732 (7th Cir. 2015), and Moore v. Mote, 368 F.3d 754 (7th Cir. 2004). Also finds the appeal is not moot. Finally, finds Lauderdale-El could have pursued his good-time credit restoration claim in state court.