Opinions

Court of Appeals of Indiana
Rhett A. Martin v. State of Indiana
20A-CR-2326
Criminal. Affirms in part and reversed in part Rhett Martin’s conviction and 65-year aggregate sentence for two counts of felony murder and arson. Finds the Benton Circuit Court did not violate Martin’s constitutional right to present a defense when it did not allow to him to force his accomplice to  appear before the jury and either testify or assert his right against self-incrimination. Rules the evidence was sufficient to sustain Martin’s conviction and the aggregate sentence was not inappropriate. Reverses the conviction for Count II, felony murder while committing or attempting to commit burglary and Count III, felony murder while committing or attempting to commit robbery.

Court of Appeals of Indiana
In re the Adoption of S.A.C., M.M. v. Indiana Department of Child Services (mem. dec.)
21A-AD-720
Adoption. Affirms the denial of M.M.’s petition to adopt S.A.C. Finds the Allen Superior Court did not err by concluding that DCS did not unreasonably withhold its consent to M.M.’s petition for adoption.

Court of Appeals of Indiana
Kelly Holland v. Tammy M. Ketcham and Jason W. Ketcham
21A-CT-1708
Civil tort. Reverses the Lawrence Circuit Court’s entry of judgment for Tammy and Jason Ketcham against Kelly Holland in his lawsuit filed under Indiana’s Uniform Fraudulent Transfer Act on grounds that Tammy had transferred her cash assets of $200,000 into a real property in an attempt to hinder, delay, or defraud Holland as the judgment creditor under their dissolution decree. Concludes that Tammy had the actual intent to hinder, delay, or defraud Holland as her judgment creditor under the dissolution decree. Also finds Holland has shown that Jason acted in concert with Tammy in the commission of a fraudulent transfer. Remands for further proceedings as to Holland’s remedy.

Court of Appeals of Indiana
Albert Guthery v. State of Indiana
21A-CR-711
Criminal. Affirms Albert Guthery’s convictions for dealing in cocaine as a Level 2 felony and dealing in methamphetamine as a Level 2 felony, and his sentence to an aggregate of 25 years, with 10 years executed in the Department of Correction, 10 years executed in community corrections and five years suspended, including three years of probation, enhanced by six years for being a habitual offender. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence garnered from a traffic stop. Also finds Guthery’s sentences for dealing in meth and being a habitual offender did not constitute an impermissible double enhancement, nor is his sentence inappropriate in light of his offenses and his character.

Court of Appeals of Indiana
Paul C. Burris III v. Bottoms Up Scuba-Indy, LLC, Michael Ellis and Renata Ellis
21A-CT-570,
Civil Tort. Affirms denial of Paul Burris’ anti-SLAPP motion to dismiss the complaint filed against him asserting claims of defamation and tortious interference. Holds the Montgomery Superior Court did not err in finding Burris failed to meet the first of two requirements needed to show the anti-SLAPP statute applied. Ruled Burris’ report to PADI about his own paperwork and his allegation that Ellis may have forged the doctor’s signature on the certification paperwork were not in furtherance of his right to free speech and not in connection with a public issue

Court of Appeals of Indiana
Michael C. Niccum v. State of Indiana
21A-CR-1533
Criminal. Reverses the Vigo Superior Court’s omission of Michael Niccum’s credit time from its calculation of his sentence following the revocation of his probation. In a question of first impression, finds the calculation of good time credit is a function of the defendant’s accrued time. Remands with instructions for the court to award to Niccum three days of accrued time and one day of good time credit.

Indiana Supreme Court
Clarence Lowe v. Northern Indiana Commuter Transportation District
21S-CT-295
Civil tort. Affirms the grant of summary judgment to the Northern Indiana Commuter Transportation District against Clarence Lowe. Finds the district is a political subdivision under the Indiana Tort Claims Act, so it was entitled to notice within 180 days of Lowe’s alleged injury. Also finds that because Lowe did not provide notice until 263 days after his injury, his notice was untimely and his suit is time-barred.

Court of Appeals of Indiana
Sjon Martin v. Top Quality Professional Construction, LLC, Joe Krise, Tina Krise
21A-SC-1337
Small claims. Affirms the $3,000 small claims judgment in favor of Sjon Martin on a breach of contract claim against Top Quality Professional Construction LLC, plus pre- and post-judgment interest. Finds the Washington Township Small Claims Court did not err in holding Top Quality, rather than Joe and Tina Krise, liable for breaching the contract.

Court of Appeals of Indiana
Dwayne Keith Washington v. State of Indiana
21A-CR-997
Criminal. Reverses Dwayne Keith Washington’s conviction for Class A misdemeanor possession of a schedule II controlled substance following a jury trial. Finds that the market reports exception to hearsay under Evidence Rule 803(17) does not apply to allow the admission of evidence from Drugs.com that was used to convict Washington. Also finds the Vigo Superior Court abused its discretion when it admitted the evidence purporting to show that the pills in Washington’s possession were hydrocodone based on the description on Drugs.com. Finally, finds the state presented no other evidence to show that the pills possessed by Washington were a controlled substance.

The following Indiana Supreme Court opinion was posted Dec. 6:
Paul Michael Wilkes v. Celadon Group, Inc., et al
19S-CT-564
Civil tort. Affirms the Marion Superior Court’s entry of judgment for Celadon and Cummins defendants and against Paul Michael Wilkes. Adopts the 4^th Circuit Court of Appeals’ “Savage rule,” which holds that carriers have the primary duty for loading and securing cargo. Applying the Savage rule, finds the trial court was correct in granting summary judgment for the shipper and its agent and against the driver. Justice Christopher Goff concurs in part and dissents in part with separate opinion, joined by Justice Steven David. 

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

7^th Circuit Court of Appeals
Sachin Gupta v. Chad Melloh and City of Indianapolis
18-cv-00427
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Reverses the summary judgment awarded to police officer Chad Melloh and the city of Indianapolis on an excessive force complaint made by Sachin Gupta. Finds a factfinder is needed due to material disputes. Finds the Southern District Court also erred in awarding summary judgment on additional claims made by Gupta. Remands to the district court for further proceedings.

Court of Appeals of Indiana
Roy Michael Johnson v. Samantha A. Johnson
21A-DN-1003
Domestic relations no children. Affirms in part and reverses in part the Hancock Circuit Court’s dissolution of marriage for Roy Johnson and Samantha Johnson. Remands with instructions for the trial court to remove the husband’s accumulated leave from the marital pot, award the wife all of the husband’s pension’s survivor benefits, clarify whether it is awarding Samantha attorney fees, and recalculate and re-determine a just and reasonable division of the marital estate. Finds the trial court clearly erred by including Roy’s accumulated leave in the marital pot but did not err by excluding the college loans executed after the date of filing. Also finds no abuse of discretion in determining that an unequal division of the marital estate in Samantha’s favor was just and reasonable.

Court of Appeals of Indiana
Jennifer Reinoehl and Jason Reinoehl v. St. Joseph County Health Department, Dr. Robert M. Einterz, Dr. Mark D. Fox, and Penn-Harris-Madison School Corporation
21A-CT-433
Civil tort. Affirms the St. Joseph Circuit Court’s dismissal of Jennifer and Jason Reinoehl’s lawsuit filed against the St. Joseph County Health Department, health officers Dr. Robert M. Einterz and Dr. Mark D. Fox, and Penn-Harris-Madison School Corporation. Finds the trial court did not err in dismissing the Reinoehls’ numerous claims.

Court of Appeals of Indiana
Auto-Owners Insurance Company v. Zachary Shipley
21A-CT-761
Civil tort. Affirms the Marion Superior Court’s denial of summary judgment to Auto-Owners Insurance Company on the issue of underinsured-motorist overage sought by Zachary Shipley. Finds Shipley is entitled to underinsured-motorist benefits after a runaway tire struck him on the job because he was using his roadside-assistance vehicle exactly as it is intended. Concludes that Shipley was using the van “as an auto.”