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Jennifer Pennington and Joshua Pennington v. Memorial Hospital of South Bend, Inc., d/b/a Beacon Health and Fitness, Spear Corporation, and Panzica Building Corporation
23S-CT-182
Civil tort. Affirms the St. Joseph Superior Court’s summary judgment order for Spear Corporation and Panzica Building Corporation. Reverses summary judgment for Beacon Health and Fitness. Finds Beacon was not entitled to summary judgment on any count, except as to the count regarding the single issue of the level of the water. Also finds some evidence that the risk of harm was foreseeable regarding the injury suffered by Jennifer Pennington, who collided with the corner of a swimming pool wall. Finally, finds the plaintiffs designated no admissible evidence that Spear or Panzica breached their professional duty of care. Remands for trial on all the claims against Beacon.
Court of Appeals of Indiana
Esther Martin v. State of Indiana
22A-PC-2574
Post-conviction relief. Affirms the Elkhart Superior Court’s denial of Esther Martin’s petition for post-conviction relief. Finds Martin’s trial counsel provided effective assistance. Also finds that Martin has not met her burden to show that the post-conviction court clearly erred in denying her petition. Judge Patricia Riley dissents with separate opinion.
Steven T. Lakes v. State of Indiana
23A-CR-1442
Criminal. Reverses Steven Lakes’ possession of marijuana conviction in the Franklin Circuit Court. Finds the state presented insufficient evidence to support his conviction for possession of marijuana. Also finds Lakes’ possession of methamphetamine conviction should be vacated on double jeopardy grounds. Remands for the trial court to vacate the conviction for possession of methamphetamine.
David Wayne Smith v. State of Indiana (mem. dec.)
23A-PC-317
Post-conviction relief. Affirms the Jasper Circuit Court’s denial of David Wayne Smith’s successive petition for post-conviction relief. Finds the court did not err in denying Smith’s successive PCR petition because he did not receive ineffective assistance of counsel. Also finds Smith waived any claim that his sentence is inappropriate because he is raising the issue for the first time on appeal.
Hon. Eugene Velazco, Jr., Judge of the Town Court of Merrillville v. Town Council of the Town of Merrillville, et al. (mem. dec.)
23A-MI-1679
Miscellaneous. Affirms the Lake Superior Court’s grant of summary judgment to the Merrillville Town Council. Finds Judge Eugene Velazco lacked standing to challenge an amended ordinance adopted by the council to close the Merrillville Town Court.
In the Matter of K.M.P., A Child in Need of Services, and T.M. (Mother) v. Indiana Department of Child Services, and Kids’ Voice of Indiana (mem. dec.)
23A-JC-1377
Juvenile CHINS. Affirms the Marion Superior Court’s adjudication of K.M.P. as a child in need of services. Finds there is sufficient evidence to adjudicate the child as a CHINS.
Justin Nicholas Shinabarger v. State of Indiana (mem. dec.)
23A-CR-1215
Criminal. Affirms the revocation of Justin Shinabarger’s probation and the Madison Circuit Court’s order that he serve the remainder of his previously suspended six-year sentence at the Indiana Department of Correction due to his committing a new criminal offense of domestic battery. Finds that the state proved all the elements of the crime that Shinaberger allegedly committed while on probation. Also finds the trial court did not abuse its discretion in ordering that he serve his previously suspended sentence.
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