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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
Melinda Crowe v. Chris Allen Drenter
22A-CT-2815
Civil tort. Reverses the Jefferson Circuit Court’s preliminary injunction ordering that Melinda Crowe not use an easement to access the property where she resides. Finds Chris Drenter has not met his burden of showing a reasonable likelihood of success at trial as to the allegations in his complaint for trespass. Also finds that Crowe may not unreasonably interfere with Drenter’s use of the easement.
Kurt J. Kemp v. Mark Sevier (mem. dec.)
22A-MI-2527
Miscellaneous. Affirms the judgment of the Henry Circuit Court granting Warden Mark Sevier’s motion for summary disposition and denying Kurt Kemp’s petition for writ of habeas corpus. Finds Kemp is ineligible to receive educational credit time from the Indiana Department of Correction. Also finds the DOC did not improperly deny or restrict Kemp credit time. Finally, finds the trial court did not err in concluding that Kemp is not entitled to immediate release.
Montez Ellington, Jr. v. State of Indiana (mem. dec.)
22A-CR-2247
Criminal. Affirms the Vigo Superior Court’s denial of Montez Ellington’s motion to dismiss after charges were filed against him as an adult for murder, attempted murder and criminal recklessness. Finds the superior court did not abuse its discretion in denying Ellington’s motion to dismiss for lack of subject-matter jurisdiction.
Marcus M. Wilson v. State of Indiana (mem. dec.)
23A-CR-22
Criminal. Affirms Marcus Wilson’s conviction for dealing in a narcotic drug. Finds the evidence was sufficient to sustain Wilson’s conviction. Also finds the Vanderburgh Circuit Court did not err in not giving a special unanimity jury instruction.
Sandra Sanford v. Midway Auction Company a/k/a Gilbert and Associates, LLC, Hiscox Insurance Company, Inc. (mem. dec.)
23A-CT-441
Civil tort. Reverses the Morgan Superior Court’s grant of summary judgment to Midway Auction Company in a dispute with Sandra Sanford. Finds any discrepancy in Sanford’s pre-summary judgment statements requires an assessment of her credibility that is properly made by the factfinder at trial. Remands for further proceedings.
Robert T. Kirlin v. CSX Transportation, Inc. (mem. dec.)
22A-CT-2248
Civil tort. Affirms the judgment in favor of CSX Transportation Inc. in a dispute with Robert Kirlin and the denial of Kirlin’s motion for judgment on the evidence. Finds that the trial court did not err by denying Kirlin’s motion for judgment on the evidence. Also finds Kirlin waived his arguments regarding a challenged evidentiary ruling and a challenge to jury interrogatories. Finally, finds harmless any error in the trial court’s alleged failure to instruct the jury, beyond the preliminary jury instructions, to reserve judgment in the case until all the evidence was presented.
Gayle Nichols v. Anonymous Physician and Anonymous Medical Group (mem. dec.)
22A-CT-3087
Civil tort. Affirms the Allen Superior Court’s grant of a motion for preliminary determination filed by an anonymous physician and anonymous health group and the entry of judgment in their favor. Finds Gayle Nichols’ malpractice claim is barred by the statute of limitations. Also finds the trial court did not err by granting the defendants’ motion for preliminary determination and entering judgment in their favor.
JoEll Gorman v. Michael Brown and David Pierce (mem. dec.)
23A-PL-172
Civil plenary. Affirms the Delaware Circuit Court’s judgment for Michael Brown and David Pierce on JoEll Gorman’s complaint against them. Finds the trial court’s judgment for Brown and Pierce is not contrary to law.
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