Opinions

Indiana Supreme Court
Virginia Garwood and Kristen Garwood v. State of Indiana, et al.
31S01-1710-CT-647
Civil tort. Grants transfer for the limited purpose of vacating only the section of the Indiana Court of Appeals opinion that addresses subject matter jurisdiction. Finds a published order issued Feb. 8, 2016, that vacated the case of Garwood v. Indiana Department of State Revenue, 24 N.E.3d 548 (Ind. Tax Ct. 2014), which the Court of Appeals cited in its discussion on jurisdiction, resolved the issue of subject matter jurisdiction based on the parties’ representations at oral argument. Summarily affirms the remainder of the opinion.

Indiana Court of Appeals
In the Matter of the Guardianship of Nathaniel C. Hurst, A Minor, Centier Bank and Centier Bank, Personal Representative of the Estate of Luanne Hurst v. Nathaniel C. Hurst
45A03-1612-GU-2790
Guardianship. Affirms the denial of Centier Bank’s motion for summary judgment in Nathaniel Hurst’s action against it and Patrick and Michelle Hurst, in which Nathaniel Hurst alleged he suffered damages as a result of fraudulent acts committed by the bank and by Patrick and Michelle Hurst during their guardianship of Nathaniel Hurst’s estate. Finds the Lake Superior Court did not err in denying the bank’s motion for summary judgment. Chief Judge Nancy Vaidik dissents with separate opinion.

Indiana Court of Appeals
Thomas N. Eckerle v. Katz & Korin, PC and Michael W. Hile
49A02-1608-CT-1894
Civil tort. Grants Thomas N. Eckerle’s petition for rehearing for the sole purpose of correcting two immaterial factual errors that indicated Branham Corp. filed bankruptcy in 2004 and that Eckerle was a defendant in a case brought by Branham. Reaffirms the Indiana Court of Appeals’ earlier opinion in all other respects.

Indiana Court of Appeals
Marquell M. Jackson v. State of Indiana
82A04-1609-CR-2074
Criminal. Reverses Marquell M. Jackson’s sentencing enhancement for being found to have been a member of a criminal gang and his convictions for robbery as a Level 2 felony and aggravated battery as a Level 3 felony. Finds the Vanderburgh Circuit Court committed fundamental error when it permitted the state to amend the charge on the criminal gang enhancement such that the charge no longer stated an offense under Indiana law.

Indiana Court of Appeals
Cardinal Health Ventures, Inc v. Michael Scanameo, M.D., Carol Scanameo, and Michael Scanameo, M.D., Inc
18A02-1703-CT-487
Civil tort. Reverses the Delaware Circuit Court’s order granting Michael Scanameo, M.D., Carol Scanameo and Michael Scanameo, M.D. Inc.’s request to strike their motion for a jury trial on their claim of securities fraud against Cardinal Health Ventures Inc. Finds the trial court erred in granting the Scanameos’ motion because Cardinal Health did not consent to the motion. Remands with instruction to the trial court to re-set the case on the jury trial calendar.

Indiana Supreme Court
Jefferson Jean-Baptiste v. State of Indiana
49S02-1707-CR-500
Criminal. Affirms all portions of the Indiana Court of Appeal’s opinion reversing Jefferson Jean-Baptiste’s conviction of Class A misdemeanor resisting law enforcement, except its sua sponte constitutional analysis and holding, which remain vacated. Finds the state failed to present sufficient evidence to support Jean-Baptiste’s conviction. Declines to address the issue of the Court of Appeals’ constitutional analysis and holding.

Indiana Supreme Court
State of Indiana v. S.G.T.
29S02-1705-CR-284
Criminal. Reverses the Hamilton Superior Court’s dismissal of the charge of Class D felony dissemination of matter harmful to minors against 38-year-old S.G.T., who sent a photo of his genitals to a 16-year-old girl. Overrules Salter v. State, 906 N.E.2d 212 (Ind. Ct. App. 2009). Finds the dissemination statute, Indiana Code 35-49-3-3(a)(1) (2008), is not unconstitutionally vague.

Indiana Court of Appeals
David K. Miller v. Joy A. (Miller) Brown
03A01-1703-DR-512
Domestic relation. Reverses the Bartholomew Superior Court’s order requiring David Miller and Joy Brown to combine all the savings from four college savings accounts into a single, jointly owned account for the benefit of their youngest son, N.M. Finds the funds in the two accounts opened by Miller are his property and the trial court lacked authority to make Brown a co-owner. Remands for a new ruling on Brown’s petition for payment of N.M.’s college expenses.

Indiana Court of Appeals
Dori J. West v. State of Indiana
02A04-1704-CR-783
Criminal. Reverses Dori West’s conviction of Class A misdemeanor resisting law enforcement. The state failed to present sufficient evidence to support the conviction.

Indiana Court of Appeals
Nicholaus Knecht v. State of Indiana
06A05-1701-CR-131
Criminal. Affirms the revocation of Nicholaus Knecht’s probation and order he serve his suspended sentence in community corrections. The state proved Knecht violated his probation and he failed to show he was deprived due process.

Indiana Court of Appeals
2444 Acquisitions, LLC v. Michael Fish
49A02-1606-MF-1315
Mortgage foreclosure. Affirms the order granting Michael Fish’s motion for turnover of the tax sale surplus funds. Finds the current action is not estopped and that equity requires the disbursement of the funds to Fish.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
In Re: OneStar Long Distance, Inc., Elliott D. Levin v. Verizon Business Global, LLC
16-1940, -2094
Appeals from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Affirms the district court’s affirmation of the bankruptcy judge’s ruling that the new value, or additional telecommunications services, that MCI advanced during its preference period sufficed to make OneStar’s preferential payments unavoidable, so the debt assignment to a newly formed affiliate was irrelevant. Finds a debtor’s assignment of debt and contractual rights to an affiliate doesn’t have the effect of repaying a creditor for new value. Also finds MCI advanced subsequent new value that remained unpaid, so OneStar’s preferential transfers are unavoidable.

Indiana Court of Appeals
Jennifer Cox v. Evansville Police Department and The City of Evansville; Babi E. Beyer v. The City of Fort Wayne
82A01-1610-CT-2299
Civil tort. In a combined appeal, reverses and remands trial court orders granting summary judgment to the municipalities on two women’s claims that police officers sexually assaulted them while on duty. Reverses both cases and remands for further proceedings. In the city of Fort Wayne's cross-appeal, affirms the trial court’s denial of Fort Wayne’s summary judgment motion on Beyer’s respondeat superior claim.

Indiana Court of Appeals
Devan Lampe v. State of Indiana (mem. dec.)
34A02-1706-CR-1306
Criminal. Affirms 16-year prison sentence for conviction of Level 3 felony burglary, concluding the sentence is not inappropriate in light of the nature of Devan Lampe’s offense and his character.

7th Circuit Court of Appeals
E.T. Products, LLC v. D.E. Miller Holdings, Inc., et al.
16-1204
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Civil. Affirms the district court’s judgment that a noncomplete clause between Doug and Tracy Miller and E.T. Products LLC was enforceable, but that the Millers did not breach it. Finds the noncompetition agreement is not overbroad.

Indiana Court of Appeals
Racquel Postiglione v. State of Indiana
49A04-1607-CR-1662
Criminal. Affirms the restitution order entered following Racquel Postiglione’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds the victim’s injuries were the result of or a “direct consequences of the acts initiated by” Postiglione, even if she was not the one to break the man’s leg and ankle.

7th Circuit Court of Appeals
Jeff Monroe v. Indiana Department of Transportation and Joe McGuinness
16-1959
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the district court’s grant of summary judgment to the Indiana Department of Transportation and Joe McGuinness. Finds Jeff Monroe failed to provide sufficient evidence that the reason for his termination was pretextual. Also finds Monroe failed to establish similarly situated employees were treated differently than he was.

Indiana Court of Appeals
Jacob O. Robinson v. State of Indiana
22A01-1604-CR-856
Criminal. Reverses and vacates Jacob O. Robinson’s sentence, pursuant to a plea agreement, for his conviction of Class D felony attempted residential entry and his admission to being a habitual substance offender. Finds sua sponte that Robinson’s habitual substance offender adjudication and enhancement of the sentence for a non-substance offense was contrary to statute. Remands with instructions to enter a new plea agreement and sentence that comply with the relevant statutory authority or for further proceedings if the parties cannot reach such an agreement.

Indiana Court of Appeals
Evelyn Messmer v. KDK Financial Services, Inc., et al.
53A01-1701-PL-139
Civil plenary. Affirms summary judgment in favor of KDK Financial Services and Fred Kern. The continuing representation doctrine is not applicable to financial advisers or fraud allegations, and no genuine issue of material fact exists establishing that the defendants fraudulently misrepresented the surrender of insurance annuities.

Indiana Court of Appeals
Larry Warren v. Carl L. Epstein (mem. dec.)
49A04-1606-CT-1498
Civil tort. Affirms the grant of summary judgment in favor of Carl L. Epstein in Larry Warren’s action against Epstein for legal malpractice. Finds Warren’s complaint for legal malpractice was not filed within the statute of limitations and, therefore, is time barred.