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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
Richard Dolsen Jr. v. VeoRide Inc.
23A-CT-945
Civil tort. Reverses the Allen Superior Court’s entry of summary judgment in VeoRide’s favor. Finds that genuine issues of material fact exist regarding whether VeoRide’s failure to warn Richard Dolsen of the condition and the risk involved was a breach of duty and a failure to exercise reasonable care under the circumstances pursuant to Restatement Section 342(b). Remands for further proceedings.
Tyreontay T. Jackson v. State of Indiana
22A-CR-2679
Criminal. Affirms Tyreontay Jackson’s convictions of murder, Level 1 felony attempted murder, two counts of Level 5 felony criminal recklessness as an accomplice. Finds the Hendricks Circuit Court did not commit reversible error in admitting several exhibits over Jackson’s hearsay objection and sufficient evidence supports Jackson’s convictions of murder and attempted murder.
LBL Development LLC v. St. John Plan Commission, Town of St. John, Indiana (mem. dec.)
22A-PL-2973
Civil plenary. Affirms the St. John Plan Commission’s decision. Finds that LBL Development LLC misconstrues the applicable zoning ordinances. Also finds that LBL has not met its burden of demonstrating the commission erred when rejecting LBL’s plat because, as LBL concedes, the plat did not comply with R-1 zoning requirements.
Dennis W. Toomey Jr. v. State of Indiana (mem. dec.)
23A-CR-679
Criminal. Affirms the Hamilton Superior Court’s order for Dennis Toomey to complete the suspended portion of his sentence, six years, with the Indiana Department of Correction. Finds no abuse of the trial court’s discretion in revoking Toomey’s probation. Also finds the trial court was well within its discretion to reject Toomey’s suggestion of an alternative treatment program rather than an executed sentence.
Chance L. Mata v. State of Indiana (mem. dec.)
23A-CR-1190
Criminal. Affirms Chance Mata’s conviction of Level 3 felony criminal confinement of his wife. Finds there is sufficient evidence to support the conviction.
Mark Chandler v. State of Indiana (mem. dec.)
22A-CR-2769
Criminal. Affirms Mark Chandler’s convictions of Level 1 felony child molesting, Level 1 felony attempted child molesting, and two counts of Level 4 felony child molesting. Finds it cannot say that any error was preserved or that reversal is warranted. Also finds that the trial court’s refusal to allow Chandler to impeach Sh.M. and E.D. with their prior statements did not deny him the right to confront and cross-examine them and did not violate his right under the Sixth Amendment of the United States Constitution.
Justin R. Lock v. State of Indiana (mem. dec.)
23A-CR-912
Criminal. Affirms the Noble Superior Court’s order to Justin Lock to pay restitution of $662.95 to Soap and Suds.. Finds sufficient evidence exists in the record to support its decision. Remands to the trial court to correct scrivener’s error in Lock’s sentencing order.
In the Matter of: J.R., A.J., and E.B. (Minor Children), Children in need of services K.R. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JC-1095
Juvenile CHINS. Affirms the Fulton Circuit Court’s determination that mother K.R.’s three minor children are children in need of services. Finds the trial court properly found that harmful circumstances were likely to continue, absent coercive court intervention, and that the children were CHINS.
Ashlyn E. Cox v. Anonymous Physician A, Anonymous Physician B, and Anonymous Physician Group, Commissioner of the Indiana Department of Insurance (mem. dec.)
23A-MI-534
Miscellaneous. Affirms the Wayne Superior Court’s dismissal of Ashlyn Cox’s complaint. Finds the trial court did not abuse its discretion when it dismissed the complaint. Because the appellate court found the trial court did not abuse its discretion under the submission deadline issue, it didn’t address the issue relating to Cox’s alleged failure to meet the medical review panel’s statutory 180-day opinion deadline. Judge Patricia Riley dissents with a separate opinion.
Christopher Paul Smith v. State of Indiana (mem. dec.)
23A-CR-768
Criminal. Affirms Christopher Smith’s 20-year sentence, with 19 years to be served at the Indiana Department of Correction and one year suspended to community correction. for Level 3 felony dealing in methamphetamine and being a habitual offender. Finds Smith has not shown grounds to reduce his sentence.
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