Opinions Sept. 13, 2018

Indiana Supreme Court
Jennifer Cox v. Evansville Police Department and The City of Evansville; Babi Beyer v. The City of Fort Wayne
18S-CT-447
Civil tort. Affirms denial of summary judgment to Evansville and Fort Wayne on a claim of respondeat superior. Finds that when a police officer’s tortious acts — in this case sexual assault — fall within the scope of employment, the city is liable. Also affirms the trial courts’ grants of summary judgment to the cities on common-carrier theory. Finds the relationships between the cities and the women in these cases do not fall within the common-carrier exception.

R.R. v. State of Indiana
18S-JV-230
Juvenile. Reverses the trial court’s delinquency determination and remands for further proceedings. Finds even though R.R. skipped his court date, he did not waive his right to be present at his fact-finding hearing. Under the plain reading the Indiana’s juvenile waiver statute, there is not waiver of R.R.’s right to be present. Justice Steven David dissents, joined in part by Chief Justice Loretta Rush and Justice Mark Massa, arguing R.R. did waive his right under the facts and circumstances of this case.

Indiana Court of Appeals
Whitney A. Gates, Jonathan W. Gates, and Jacob A. Gates v. Joseph D. O'Connor and Bunger & Robertson, LLP
18A-CT-58
Civil tort. Affirms the Monroe Circuit Court’s grant of summary judgment in favor of attorney Joseph D. O’Connor and Bunger & Robertson, LLP. Finds O’Connor’s representation of Jerry Gates during the dissolution of Gates’ marriage prior to his death was not the proximate cause of any damages from loss of inheritance that Whitney Gates may have incurred. Finds O’Connor could have done nothing to compel a dissolution of Jerry’s marriage. Concludes O’Connor negated the element of proximate cause in the legal malpractice action.

In the Matter of the Termination of the Parent-Child Relationship of N.Y. (Minor Child); C.Y. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JT-1001
Juvenile termination. Affirms the Vanderburgh Superior Court’s termination of C.Y.’s parental rights to his minor child N.Y. Finds there was sufficient evidence to support the termination.

Michael S. Duffield v. State of Indiana (mem. dec.)
18A-CR-213
Criminal. Affirms Michael Duffield’s 15-year sentence for conviction of Class B felony incest.

Charles Gerron v. State of Indiana (mem. dec.)
18A-CR-393
Criminal. Affirms Charles Geron’s conviction of murder. Finds there was sufficient evidence to show that Gerron knowingly killed N. Hodges. Also finds the La Porte Superior Court did not abuse its discretion in the admission of certain evidence.

Tara D. Parham v. State of Indiana (mem. dec.)
18A-CR-4
Criminal. Affirms Tara Parham’s conviction of resisting law enforcement. Finds there is sufficient evidence to support the Marion Superior Court’s conclusion that the officer was lawfully engaged in the execution of his duties when Parham resisted.

J.T. v. State of Indiana (mem. dec.)
18A-JV-707
Juvenile. Affirms the Lawrence Circuit Court’s order that J.T.’s mother pay $20 per month against the total of $7,463 for services rendered to J.T. in the Youth Opportunity Center. Finds the trial court did not abuse its discretion in ordering his parents to make monthly reimbursement payments and in ordering J.T. committed to the Department of Corrections.

Ivan Aragon v. State of Indiana (mem. dec.)
09A04-1712-CR-2824
Criminal. Affirms in part, reverses in part, and remands with instructions. Finds the Cass Circuit Court erred when it entered judgment of conviction on Level 4 felony child molesting when Ivan Aragon was not charged with that offense and when it was not a lesser included offense of the child molesting charge filed by the State. Finds the trial court did not abuse its discretion or violate Aragon’s Sixth Amendment rights when it denied his request to take a deposition of the minor victim without her mother present. Also finds the trial court did not abuse its discretion when it admitted a videotaped statement of the minor victim as evidence. Finds sufficient evidence to support Aragon’s criminal confinement conviction.

In the Matter of N.I. (Minor Child), a Child in Need of Services, and K.R.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JC-624
CHINS. Reverses and remands for further proceedings. Reverses the Allen Superior Court’s order of CHINS for K.R.H.’s minor child, N.I. Finds that the Department of Child Services presented no evidence to prove that any care, treatment, or rehabilitation that N.I. needed were unlikely to be provided or accepted without the coercive intervention of the court. Finds the CHINS determination clearly erroneous.

Jamie L. Hancock v. State of Indiana (mem. dec.)
18A-CR-180
Criminal. Affirms Jamie Hancock’s conviction of robbery resulting in serious bodily injury; two counts of robbery resulting in bodily injury; criminal confinement resulting in serious bodily injury; and two counts of criminal confinement with bodily injury. Finds the Elkhart Superior Court did not abuse its discretion when it denied his request for a continuance. Also finds the trial court did not abuse its discretion when it admitted certain evidence.