Opinions Oct. 22, 2020

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The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Timothy J. Brown v. Indiana Department of Environmental Management
20S-MI-609
Miscellaneous. Grants transfer and vacates a portion of the Indiana Court of Appeals’ affirming opinion in Timothy Brown’s case against IDEM, finding that the law-of-the-case doctrine “is applicable only when an appellate court determines a legal issue, not a trial court.” Finds that the COA need not have reached so broad a conclusion to resolve the issue. Otherwise affirms the Marion Superior Court’s conclusion that the law-of-the-case doctrine does not apply in this case’s specific circumstances.

Indiana Court of Appeals
Curtis Pearman v. Hale Abstract Company, Inc. (mem. dec.)
20A-PL-733
Civil plenary. Affirms the Shelby Circuit Court’s determination that Curtis Pearman is not entitled to additional recovery. Finds Pearman did not suffer a pecuniary loss as a result of his reliance on Hale Abstract Company, Inc.’s title search. Also finds that Pearman waived his claims of breach of contract and constructive fraud. Lastly, denies Hale’s request for appellate attorney’s fees.

Koyhan Iesha Smith v. State of Indiana (mem. dec.)
20A-CR-663
Criminal. Reverses Koyhan Smith’s conviction of Class A misdemeanor invasion of privacy. Finds insufficient evidence in St. Joseph Superior Court to support her conviction.

Lavontae Lee v. State of Indiana (mem. dec.)
20A-CR-836
Criminal. Affirms Lavontae Lee’s conviction of Level 6 felony neglect of a dependent; Class B misdemeanor possession of marijuana; and Class C misdemeanor reckless driving. Finds sufficient evidence to support his conviction in Newton Superior Court of neglect of a dependent.

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