Court of Appeals of Indiana
Barclays Investment Funding LLC & T. Tad Bohlsen v. Jamalee Investments, LLC
21A-PL-2015
Civil plenary. Dismisses Barclays Investment Funding LLC’s appeal of the denial of its motion to reconsider the Madison Circuit Court’s order striking Barclays’ motion to set aside a default judgment on a mortgage complaint. Finds Barclays’ motion to reconsider was instead a motion to correct error, and such motion was untimely.
Court of Appeals of Indiana
In the Matter of the Marriage of: Andrew J. Hoesli v. Jamie L. Hoesli (mem. dec.)
21A-DC-2001
Domestic relations with children. Reverses the Perry Circuit Court’s division of property in the dissolution of the marriage of Andrew Hoesli and Jamie Hoesli. Finds the trial court erred by issuing a retroactive possession of property and excluding the Huber Funeral Home distributions from the marital estate. Remands for the trial court to include the distributions in the marital estate and either divide the marital property pursuant to the rebuttable presumption of an equal division or set forth its rationale for an unequal division of the marital estate.
Court of Appeals of Indiana
The Trustees of Indiana University v. Justin Spiegel; The Trustees of Purdue University v. Elijah Seslar, Zachary Church, Jordan Klebenow, and Luke McNally
21A-CT-175
Civil tort. Affirms the denial of Indiana University’s motion for judgment on the pleadings and Purdue University’s motion to dismiss following complaints filed by university students after in-person classes were canceled and university facilities were closed due to the COVID-19 pandemic. Finds the Monroe Circuit Court and Tippecanoe Superior Court did not err.
7th Circuit Court of Appeals
Donald G. Karr, Jr. v. Mark R. Sevier, Warden
21-2463
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James P. Hanlon.
Civil. Affirms the denial of Donald Karr’s petition for habeas relief after he was convicted in state court of rape and domestic battery. Finds Karr fails to show he was prejudiced by his trial counsel’s purported errors. Also finds that a U.S. Supreme Court equitable exception that excuses procedural defaults, including the six claims Karr procedurally defaulted in state court, does not apply to insubstantial claims such as the ones Karr presents for ineffective assistance of trial counsel, nor does it apply in this procedural posture.
Court of Appeals of Indiana
U.S. Automatic Sprinkler Corporation v. Erie Insurance Exchange, Travelers Indemnity Company of Connecticut a/s/o Sycamore Springs Surgical Center, LLC, Dr. Nancy Pruett, D.D.S. and 3D Exhibits, Inc.
21A-CT-580
Civil Tort. Affirms Marion Superior Court denial of U.S. Automatic Sprinkler Corp.’s motion for summary judgment against Travelers Indemnity Company of Connecticut. Finds the subrogation waiver in Automatic Sprinkler’s contract with the Sycamore Springs Surgical Center does not apply because the sprinkler company did the work at the request of the landlord and not under its contract with the surgery center. Reverses the denial of Automatic Sprinkler’s motion for summary judgment against Erie Insurance Exchange, Nancy Pruett, D.D.S. and 3D Exhibits. Holds that under Citizen Gas & Coke Utility v. American Economy Insurance Co., 486 N.E.2d 998 (Ind. 1985) the requirement of privity is still binding in the property-damage context.
Court of Appeals of Indiana
Munster Steel Co., Inc. v. CPV Partners, LLC and Centennial Village, LLC
21A-PL-1154
Civil plenary. Affirms summary judgment awarded to CPV Partners, LLC and Centennial Village, LLC against Munster Steel Co, Inc. after finding that the transfer of property that Munster Steel had sold to CPV and Centennial between the Developer and the Town of Munster had not been a sale, but an equitable mortgage. Finds Munster Steel has waived any argument that the Development Agreement was ambiguous and the evidence available shows that the Town Parties and the Developer intended the transfer to be an equitable mortgage.
Court of Appeals of Indiana
Cyrille J. Catellier v. Tim K. Catellier, Eli Catellier, Allie Grigsby, and Bobbie Baldwin (mem. dec.)
21A-CP-1243
Civil plenary. Affirms the denial of Cyrille J. Catellier’s motion to correct error, filed following the Hendricks Circuit Court’s denial of his motion for relief from judgment, which challenged the order enforcing a mutual release, covenant not to sue and settlement agreement between Cyrille, Tim Catellier and Bobbie Baldwin. Finds the trial court did not abuse its discretion when it denied Cyrille’s motion for relief from judgment because he did not raise a meritorious claim or defense, and thus the trial court did not abuse its discretion when it denied Cyrille’s motion to correct error. Judge Elaine Brown dissents with separate opinion.
Court of Appeals of Indiana
Quantae A. Johnson v. State of Indiana (mem. dec.)
21A-CR-441
Criminal. Affirms the denial of Quantae Johnson’s motion to modify his sentence after his community corrections placement and probation were revoked. Finds the Hamilton Superior Court did not abuse its discretion.
Court of Appeals of Indiana
Cory Chapman v. State of Indiana
21A-CR-421
Criminal. Affirms the Greene Superior Court’s preliminary determination that memes involving jokes of a sexual nature Cory Chapman allegedly disseminated to a former student via text message are probably harmful to minors. Finds the applicability of Indiana Code Section 35-49-2-4 cannot be entirely ruled out as a procedure for litigating such cases as this. Also finds the trial court did not abuse its discretion in its final determination. Finally, finds Chapman waived his constitutional challenge. Judge Paul Mathias concurs with separate opinion and Judge Margret Robb dissents with separate opinion.
Court of Appeals of Indiana
Harry Richard Wellings, Jr. v. State of Indiana
21A-CR-1874
Criminal. Affirms Harry Richard Wellings Jr.’s aggregate 12-year sentence for his convictions of Level 3 felony attempted rape, Level 4 felony criminal confinement, Level 5 felony attempted incest, Level 6 felony sexual battery and Level 6 felony strangulation. Finds Wellings has failed to show that his sentence is inappropriate.
7th Circuit Court of Appeals
Instituto Mexicano del Seguro Social v. Zimmer Biomet Holdings, Inc.
21-1224
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms the Northern Indiana District Court’s ruling, granting the motion to dismiss filed by Zimmer Biomet Holdings Inc. Finds the district court did not abuse its discretion in dismissing the case for forum non conveniens because the Mexican courts presented a viable alternative forum and the bulk of the witnesses and evidence are located in Mexico. Also finds Instituto Mexicano del Seguro Social’s argument regarding the United Nations Convention Against Corruption fails because Congress did not implement the treaty.
Brent A. Taylor v. Tom Antisdel, et. al.
21A-CT-1934
Civil tort. Affirms the Allen Superior Court’s dismissal of a defamation lawsuit filed by Brent A. Taylor against multiple local news outlets. Finds the trial court didn’t err in in dismissing the lawsuit. Also finds the statements Taylor alleged were defamatory were a matter of public concern, and he didn’t allege any facts tending to show the outlets reported with actual malice, as they did not report on anything other than the information contained in court documents and police records. Finally, finds that even if a false statement was published, Taylor cannot establish sufficient proof to permit the conclusion that the outlets entertained “serious doubts” as to the truth of their publications or that there was a “high degree of awareness that the statements were probably false.”
Court of Appeals of Indiana
Latuwan Anthony Partee v. State of Indiana
21A-CR-1529
Criminal. Affirms Latuwan Partee’s conviction and 27 ½-year aggregate sentence for dealing in cocaine, a Level 2 felony, and possession of marijuana, a Class B misdemeanor, along with being found to be a habitual offender. Finds the Marion Superior Court did not commit fundamental error by failing to explicitly tell the defendant he could be present at his own trial if he behaved. Also finds the trial court’s sentence order contains a scrivener’s error. Remands with instructions for the scrivener’s error to be corrected.
Court of Appeals of Indiana
In re the Matter of the Adoption of I.B., A.B. (Father) v. B.B. (Stepfather)
21A-AD-1792
Adoption. Reverses the order granting stepfather B.B.’s petition to adopt I.B. Finds the St. Joseph Probate Court erred when it found father A.B. had not communicated significantly with I.B. for one year prior to the filing of B.B.’s petition to adopt I.B. because mother S.B. thwarted A.B.’s attempts to communicate with I.B. Also finds A.B.’s consent was required for B.B. to adopt I.B.
7th Circuit Court of Appeals
Ashaki Paschall and Gerald Ragland v. Tube Processing Corporation
21-1853
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms the Southern District Court’s conclusion that Ashaki Paschall and Gerald Ragland did not produce sufficient evidence from which a reasonable factfinder could conclude that they satisfied all the elements of their sexual harassment and racial discrimination claims brought against their former employer, Tube Processing Corporation.
Court of Appeals of Indiana
Nathan C. Albrecht v. State of Indiana
21A-CR-1560
Criminal. Affirms Nathan C. Albrecht’s 10 counts of Level 5 felony possession of child pornography and 21-year sentencing. Finds Dubois Circuit Court didn’t err in admitting evidence taken off a hard drive in Albrecht’s home. Concludes his convictions are supported by the evidence. Judge Terry A. Crone concurs in part and dissents in part in separate opinion.
Indiana Supreme Court
Elizabeth Roetter v. Michael P. Roetter, Jr.
21S-DC-568
Domestic relation with children. Affirms the Hendricks Superior Court’s award of spousal maintenance to Elizabeth Roetter and the division of property between her and ex-husband Michael P. Roetter Jr. Finds the trial court didn’t err in its spousal maintenance award and that Elizabeth’s request is for rehabilitative maintenance. Also finds the trial court didn’t err in its division of property and that it was not required to follow a rigid, technical formula.
Indiana Supreme Court
Service Steel Warehouse Co., L.P. v. United States Steel Corp.
21S-CC-408
Civil collections. Reverses the Lake Superior Court’s entry of summary judgment for United States Steel Corp. after Service Steel Warehouse Co. L.P. sued to foreclose on a mechanic’s lien. Finds Service Steel, as a supplier, could have a lien because it furnished materials for a project, which is all the mechanic’s lien statute required. Remands for reconsideration of Service Steel’s summary judgment motion.
7th Circuit Court of Appeals
United States of America v. Mark Price
20-3191
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Mark Price’s conviction of unlawfully possessing firearms and ammunition as a felon, as well as his enhanced sentence. Rejects Price’s “stalking horse” theory on first impression and finds the parole search wasn’t a violation of Price’s Fourth Amendment rights. Also finds Price’s terms as a parolee lessened his privacy status. Finally, finds the district court didn’t err as to the sufficiency of the evidence or in giving Price three sentencing enhancements.
Indiana Supreme Court
Solarize Indiana, Inc. v. Southern Indiana Gas and Electric Co., d/b/a Vectren Energy Delivery of Indiana, Inc., et al.
21S-EX-236
Agency action. Dismisses Solarize Indiana Inc.’s appeal seeking judicial review of the Indiana Utility Regulatory Commission’s order approving two filings submitted by Vectren Energy Delivery of Indiana Inc. under an expedited process known as the Thirty-Day Rule. Finds Solarize has not shown that it was adversely affected by the IURC order, so it lacks standing. Justice Geoffrey Slaughter concurs in part and in the judgment with separate opinion.