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Indiana State Police and State of Indiana v. The Estate of Michael M. Damore
21A-CT-2536
Civil tort. Reverses a ruling in favor of the Estate of Michael M. Damore, who was killed in a vehicle accident involving Indiana State Police. Finds the Lake Superior Court abused its discretion by excluding evidence of Damore’s driving behavior in the minutes before the collision and by striking the entirety of the defendant’s expert’s testimony based on a minor violation of the motion in limine that posed no serious risk of prejudice to the estate. Finds the trial court erred in failing to give some of the defendant’s propose jury instructions. Finally, concludes that insufficient evidence was presented to establish that Damore’s mother was his dependent for purposes of the General Wrongful Death Statute, and her recovery must therefore be limited to the amounts permitted by the Adult Wrongful Death Statute.
Ruth Anne Herber v. Daniel Bunting
21A-DR-2707
Domestic relations. Affirms the Marion Superior Court’s grant of Daniel Bunting’s motion to enforce settlement agreement and the partial denial of Ruth Anne Herber’s motion to correct error. Finds Herber failed to comply with the settlement agreement following her divorce from Bunting. Finds Herber is attempting to delay the sale of the marital residence. Remands to the trial court to award Bunting appellate attorney fees.
Brian L. Sears v. State of Indiana
22A-CR-555
Criminal. Reverses Clay Circuit Court’s order that Brian Sears pay a $200 drug interdiction fee and a $200 countermeasure fee as part of his sentencing for conviction of Class A misdemeanor theft. The state concedes the fees were erroneously imposed. Concludes neither fee was authorized by statute. Remands for the trial court to vacate the fees.
Makeesha Laannett Harris v. State of Indiana (mem. dec.)
22A-CR-180
Criminal. Affirms the revocation of Makeesha Harris’s probation. Finds sufficient evidence supports the Jefferson Circuit Court’s findings that Harris violated the conditions of her probation. Finds no abuse of discretion in ordering Harris to serve the remainder of her sentence incarcerated.
Katrina Pomart v. John Shamp and Jennifer Shamp (mem. dec.)
22A-SC-356
Small claims. Affirms the judgment entered in favor of John and Jennifer Shamp on Katrina Pomart’s claim against them for damages to her property and livestock allegedly caused by their dogs. Finds Pomart fails to carry her burden to show that the judgment is contrary to law.
In the Matter of the Termination of the Parent-Child Relationship of P.E. (Child) and A.N. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-746
Juvenile termination. Affirms the involuntary termination of A.N.’s parental rights to her child P.E. Finds the Wabash Circuit Court’s findings support its conclusions that the conditions under which child was removed from the mother’s care would not be remedied, that termination of mother’s parental rights to child was in the child’s best interests, and that a satisfactory plan existed for the child’s care and treatment following the termination of the mother’s parental rights.
In the Matter of: Ts.J. and Tn.J., Children in Need of Services: J.K. (Mother) v. The Indiana Department of Child Services (mem. dec.)
22A-JC-1054
Juvenile CHINS. Affirms the child in need of services finding for J.K.’s children, Ts.J. and Tn.J. Finds that the Clark Circuit Court did not err in determining that coercive intervention was necessary. Finds, among other things, the mother’s mental health negatively affected her ability to provide adequate care for the children. Concludes that the juvenile court did not abuse its discretion in ordering Mother to submit to an evaluation by a DCS-approved provider and to follow any recommended treatment plans, including taking any necessary prescribed medications.
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