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Indiana Department of Insurance and Indiana Patient’s Compensation Fund v. Jane Doe and John Doe I, individually and as next friends and legal guardians of John Doe II, an unmarried minor, and Johnathan Cavins and Board of Trustees of Anonymous Hospital
22A-CT-1276
Civil tort. Reverses the denial of the Indiana Department of Insurance and the Patient Compensation Fund’s motion for summary judgment on a claim for excess damages under the Medical Malpractice Act brought by Jane Doe and John Doe I, individually and on behalf of John Doe II. Finds there are no genuine issues of material fact. Also finds the fund is entitled to judgment as a matter of law. Remands with instructions. Judge Margret Robb concurs in part and dissents in part with separate opinion.
Thang C. Bik v. State of Indiana
22A-CR-1932
Criminal. Affirms the Marion Superior Court’s denial of Thang Bik’s motion for discharge under Indiana Criminal Rule 4(C). Finds the state was within Criminal Rule 4(C)’s one-year deadline when Bik filed his motion. Judge L. Mark Bailey dissents with separate opinion.
Manuel Trejo v. State of Indiana
22A-CR-2667
Criminal. Affirms the Noble Circuit Court’s finding that Manuel Trejo violated a condition of his probation by failing to meet with the probation department upon his release from Indiana Department of Correction. Finds sufficient evidence supports the trial court’s determination.
Eric Diaz v. State of Indiana (mem. dec.)
22A-CR-2205
Criminal. Affirms Eric Diaz’s conviction for operating a vehicle with an alcohol concentration equivalent of .08 grams and his sentence to 60 days’ imprisonment and 365 days of probation, with all but five days of the executed sentence suspended. Finds Diaz waived his Fourth Amendment claim. Also finds the sentence does not warrant revision.
Amanda Kay Gossman v. Kyle Lee Jones (mem. dec.)
22A-DR-2279
Domestic relations. Affirms the Bartholomew Superior Court’s custody modification order granting Kyle Jones (father) primary physical custody and sole legal custody of A.J. Finds sufficient evidence that the custody modification was in the child’s best interests and based on a substantial change in circumstances.
James L. Weaver v. State of Indiana (mem. dec.)
22A-CR-2388
Criminal. Affirms James Weaver’s conviction for dealing in methamphetamine. Finds the state presented sufficient evidence for the jury to conclude Weaver constructively possessed methamphetamine with the intent to deal it.
Matthew Q. Baker v. State of Indiana (mem. dec.)
22A-CR-2513
Criminal. Affirms Matthew Baker’s conviction of felony domestic battery and his four-year sentence. Finds the Bartholomew Circuit Court properly found Baker waived any error about the number of peremptory challenges he received during voir dire. Also finds sufficient evidence supports Baker’s conviction. Finally, finds Baekr’s sentence is not inappropriate.
Steven Pace v. State of Indiana (mem. dec.)
22A-CR-3075
Criminal. Affirms Steven Pace’s sentence to six years for Level 4 felony attempted arson. Finds no sentencing error. Also finds the sentence was not inappropriate.
Andria Collins and Daniel Collins v. Opportunity Housing, Inc. (mem. dec.)
23A-MF-279
Mortgage foreclosure. Affirms the Putnam Superior Court’s judgment against Andria Collins on Opportunity Housing Inc.’s complaint for foreclosure on a land contract. Finds Collins issues were not properly raised to the trial court and are not available for appellate review.
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