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Michael and Mary Poore, Individually and on Behalf of J.P. v. Indianapolis Public Schools and its Board of Education
19A-CT-1439
Civil tort. Affirms in part the Marion Superior Court’s judgment in favor of Indianapolis Public schools and its Board of Education on Michael and Mary Poores’ claims for breach of contract, negligence, and violation of the Indiana Deceptive Consumer Sales Act when IPS refused to pay for their child’s advanced math class taken outside of the IPS system. Holds that the trial court did not abuse its discretion by excluding the testimony of a certain witness; IPS was not negligent because IPS did not deny J.P. the benefit of early college credits; and no valid, enforceable contract existed between IPS and the Poores requiring IPS to pay for the class. Reverses the conclusion on the DCSA and holds that IPS was not subject to the statutory requirements of the DCSA.
Anthony A. Parish v. State of Indiana (mem. dec.)
20A-PC-44
Post conviction. Affirms the Allen Superior Court’s denial of Anthony Parish’s petition for post-conviction relief. Finds Parish has failed to demonstrate that his trial counsel’s alleged ineffectiveness resulted in irreparable prejudice given the existence of other undisputed incriminating evidence. Also finds that Parish’s counsel did not provide ineffective assistance in failing to raise that claim under the broader protection from unwarranted searches afforded by the Indiana Constitution.
In the Matter of H.G. (A Child In Need of Services), M.G. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JC-174
Juvenile CHINS. Affirms the Hendricks Superior Court’s dispositional order continuing M.G.’s minor child’s placement in foster care. Finds the juvenile court’s dispositional order was not clearly erroneous.
Termination: K.P. v. Indiana Department of Child Services (mem. dec.)
20A-JT-652
Juvenile termination. Affirms the Adams Circuit Court order terminating K.P.’s parental rights to her minor children, Sh.W., Sa.W., S.P. and L.P. Finds K.P.’s right to due process was not violated by DCS’s provision of services.
Richard Perez and Mary Perez v. Stretchwell, Inc., et al. (mem. dec.)
20A-CT-760
Civil tort. Affirms in part, reverses in part the Porter Superior Court’s entry of summary judgment in favor of Stretchwell, Inc., on Richard and Mary Perez’s product liability claims seeking damages for injuries Richard sustained when an exercise ball he was using during physical therapy burst. Concludes that the trial court properly entered summary judgment in favor of Stretchwell on plaintiffs’ strict liability claim. Reverses the entry of summary judgment on plaintiffs’ failure-to-warn and instruct negligence claim and remands for proceedings.
Jamal R. Smith v. State of Indiana (mem. dec.)
20A-CR-1090
Criminal. Dismisses Jamal Smith’s appeal of his 30-year sentence for conviction in Marion Superior Court of Level 2 felony dealing in a narcotic drug, finding that he is not appealing from a final judgment.
Ivan C. Gooden, Jr. v. State of Indiana (mem. dec.)
19A-PC-2998
Post conviction. Affirms the denial of Ivan Gooden’s motion to correct error that challenged the post-conviction court’s order granting his amended petition for post-conviction relief. Finds the Dearborn Circuit Court did not abuse its discretion in doing so or in denying the motion to correct error.
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