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Brigid Ford v. Marion County Sheriff’s Office
18-3217
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the Southern District Court’s grant of summary judgment to the Marion County Sheriff’s Office against Brigid Ford’s discriminatory employment practice claims. Finds the district court properly granted partial summary judgment as to some of Ford’s claims and exercised its discretion fairly to manage the trial on the remaining claims.
Indiana Court of Appeals
Teresa J Morningstar v. Nina Fortunka, et al.
18A-TR-03044
Trust. Affirms the Allen Superior Court judgment that Teresa Morningstar breached her duties as a trustee of the Living Trust Agreement of Virgil and Agnes Morningstar. Finds Teresa committed a breach of trust under Ind. Code § 30-4- 3-5. Also affirms the judgment ordering her to disgorge the $6,780 payment to herself for selling the trust properties at issue in the case.
Durrand Anthony Jones v. State of Indiana (mem. dec.)
19A-CR-1362
Criminal. Reverses Durrand Jones’ conviction of Class B misdemeanor public intoxication. Finds the state failed to present sufficient evidence that Jones was in a public place in a state of intoxication caused by either a controlled substance or alcohol. Remands to the Marion Superior Court to vacate the conviction.
In the Matter of: E.W. and I.W. (Minor Children), Children in Need of Services, and C.A. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JC-1495
Juvenile CHINS. Affirms the child in need of services finding for C.A.’s minor children, E.W. and I.W. Finds there is sufficient evidence to support the finding and that there is no reversible error with respect to custody.
Arlington South Vet Clinic v. Kimberly Zimmerman (mem. dec.)
19A-SC-1018
Small claims. Reverses the Monroe Circuit Court’s ruling in favor of Kimberly Zimmerman against Arlington South Vet Clinic. Finds the trial court’s decision was contrary to law because Zimmerman failed to put forth evidence to support her claim. Finds the evidence points only to the conclusion that Zimmerman’s acquisition of inappropriate syringes that were not available at Arlington was the sole cause of Wiggles’ medical issues. Finds Arlington was not negligent and remands with instructions to enter judgment for the clinic.
Doreen White v. Joe Holland and Penske Truck Leasing Co., L.P. (mem. dec.)
19A-CT-967
Civil tort. Affirms the Lake Circuit Court’s denial of Doreen White’s motion for leave to amend her complaint, grant of Joe Holland’s motion to dismiss, and grant of Penske Truck Leasing Co., L.P.’s, motion for summary judgment. Finds the trial court did not err in its rulings.
William Eugene Murray v. State of Indiana (mem. dec.)
19A-CR-1350
Criminal. Affirms part of Murray’s previously suspended six-year sentence imposed by the Delaware Circuit Court after the revocation of his probation. Finds the trial court did not err. Also affirms an identical appeal in a companion opinion of William Eugene Murray v. State of Indiana (mem. dec.), 19A-CR-1364.
Howard D. Strickland v. State of Indiana (mem. dec.)
19A-CR-921
Criminal. Remands the Clay Superior Court’s determination of damages in Howard Strickland’s restitution orders for his convictions of Level 5 felony burglary, two counts of Level 6 felony theft and Class B misdemeanor criminal mischief. Finds insufficient evidence to support the orders.
Ross J. Thrasher v. State of Indiana (mem. dec.)
18A-CR-2766
Criminal. Affirms Ross Thrasher’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Marion Superior Court did not err in admitting the pistol into evidence. Finds no reversible error.
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