Court of Appeals of Indiana
Jermaine Dewayne Marshall v. State of Indiana
21A-CR-1123
Criminal. Reverses Jermain Dewayne Marshall’s conviction for criminal trespass as a Class A misdemeanor. Finds the Vanderburgh Superior Court denied due process to Marshall, who was incarcerated and representing himself, when it proceeded with the bench trial even though the defendant had not been given all the evidence, affidavits and other documents related to his case.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Brenda L. Wilder v. Kilolo Kijakazi, Acting Commissioner of Social Security
21-1607
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms the Northern Indiana District Court’s order upholding the denial of Social Security disability benefits to Brenda Wilder. Finds the administrative law judge did not err in not considering whether Wilder met or equaled Listing 11.17(a), or when it didn’t request the opinion of a medical expert. Also finds the ALJ’s decision was supported by substantial evidence.
Court of Appeals of Indiana
Frank E. Minges, III v. State of Indiana
21A-CR-216
Criminal. Affirms the denial of Frank E. Minges III’s motion to compel discovery of a complete and accurate copy of the police report that outlined the events resulting in Minges being charged with two counts of misdemeanor operating while intoxicated. Finds that under Keaton v. Circuit Court of Rush County, 475 N.E.2d 1146 (Ind. 1985), the Dearborn Superior Court did not err in declining Minges’ request for unredacted copies of the police reports, but urges the Indiana Supreme Court to revisit Keaton. Judge L. Mark Bailey concurs with separate opinion.
Court of Appeals of Indiana
W.A. Griffin, M.D. v. International Medical Group (mem. dec.)
21A-CC-1511
Civil collections. Affirms the dismissal of Dr. W.A. Griffin’s complaint against International Medical Group Inc. for breach of contract and bad faith after IMG refused to pay for medical services Griffin provided to a patient. Finds IMG was not the patient’s insurer. Also finds that Griffin’s claims are based on the patient’s invalid assessment of her health insurance benefits.
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.
Indiana Court of Appeals
Kim M. Lloyd v. Lawrence Kuznar and Trustees of Purdue University
21A-CT-1338
Civil tort. Affirms the Allen Superior Court’s denial of Kim Lloyd’s Trial Rule 60(B) motion to the extent it sought to set aside the dismissal of her complaint against Lawrence Kuznar and Trustees of Purdue University. Finds Lloyd cannot revive her claims because she stopped participating in the litigation and failed to keep the trial court apprised of her address, which resulted in their dismissal. Finds the trial court erred in denying Lloyd’s Trial Rule 60(B) motion with respect to the default judgment entered against her on Kuznar’s counterclaim and reverses on that portion. Remands for further proceedings.
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.
The following opinions were posted after IL deadline on Wednesday:
7th Circuit Court of Appeals
Brooke Persinger v. Southwest Credit Systems, L.P.
21-1037
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the district court’s grant of summary judgment to Southwest Credit Systems L.P. in a dispute with Brooke Persinger. Finds Southwest’s compliance procedures were reasonable and thus met the Fair Credit Reporting Act requirements. Also finds the evidence shows that Southwest had a reasonable basis for relying on its procedures and that summary judgment for Southwest was appropriate because no reasonable juror could conclude that the inquiry into Persinger’s propensity‐to‐pay score resulted in actual damages.
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.
Court of Appeals of Indiana
In the Matter of the Power of Attorney of Darlene DeHart, Jeff DeHart v. Darlene DeHart
21A-GM-1043
Guardianship, miscellaneous. Affirms the Johnson Superior Court’s denial of a petition by Jeff DeHart to release an accounting of his mother, Darlene’s, finances. Finds the order is in the best interests of Darlene. Also finds the trial court erred in having Jeff bear the burden of proof instead of Darlene, but holds it harmless. Finally, finds Darlene was competent in appointing her daughter, Christine, as attorney-in-fact, and she is entitled to privacy in the management of her finances.
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.
Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of: AJ.D., J.A., and A.D. (Minor Children), and A.A. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1394
Juvenile termination of parental rights. Affirms the termination of mother A.A.’s parental rights to her children, J.D., J.A. and A.D. Finds ample evidence to support the findings and conclusion that there is a reasonable probability that the reasons for the children’s removal from A.A. and continued placement outside her home will not be remedied. Also finds the Madison Circuit Court did not clearly err in terminating A.A.’s parental rights.
Court of Appeals of Indiana
Abram Lamar Glover v. State of Indiana
21A-CR-1422
Criminal. Affirms Abram Glover’s convictions for Level 6 felony strangulation and Level 6 felony domestic battery. Finds the Knox Superior Court did not abuse its discretion in how it regulated the form and substance of Glover’s jury selection or when it denied Glover’s motion for a mistrial and instead admonished the jury not to consider E.A.’s statement. Also finds the state’s comment in its opening statement was not prosecutorial misconduct and that it did not place Glover in “a position of grave peril to which he would not have been subjected otherwise.”
7th Circuit Court of Appeals
Nickolas Seekins v. CHEP USA and CHEP Recycled Pallet Solutions, LLC
20-3270
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms the Indiana Southern District Court’s grant of summary judgment to CHEP USA and CHEP Recycled Pallet Solutions in a dispute with Nickolas Seekins. Finds CHEP did not owe Seekins a duty of care under Indiana negligence law after his lost his foot in a work-related accident. Also finds the district court did not err in granting summary judgment to CHEP.
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 4th 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.