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Molly Ann Melton v. Indiana Athletic Trainers Board, et al.
19A-CT-1972
Civil tort. Affirms in part the Marion Superior Court’s grant of summary judgment on Molly Melton’s 42 U.S.C. § 1983 claims for alleged violations of her constitutional rights in the disciplinary process leading to the suspension of her athletic training license. Finds the trial court properly granted summary judgment to the Indiana Athletic Trainers Certification Board, the Indiana Professional Licensing Agency and others, but erred in granting relief on Melton’s petition for judicial review. Thus, reverses the trial court’s judicial review order.
Alyssa Leigh Shepherd v. State of Indiana
20A-CR-134
Criminal. Affirms in part, vacates in part and remand with instructions Alyssa Shepherd’s convictions for three counts of reckless homicide as Level 5 felonies, one count of reckless driving as a Class A misdemeanor and one count of criminal recklessness while armed with a deadly weapon as a Level 6 felony. Finds sufficient evidence supported the jury’s verdicts. Also finds the Fulton Superior Court did not abuse its discretion in rejecting Shepherd’s proposed instruction. Finally, finds Shepherd’s Class A misdemeanor reckless driving violated common law double jeopardy principles and therefore vacates that conviction. Remands exclusively for the issuing of a clarified sentencing order that indicates that Shepherd’s license suspensions are to be served concurrently.
CHINS: M.R. v. Indiana Department of Child Services (mem. dec.)
20A-JC-849
Juvenile CHINS. Affirms the adjudication of mother M.R.’s child, E.C.B., as a child in need of services. Finds that because there was sufficient evidence that E.C.B. was seriously endangered by M.R.’s actions and inactions at the time of removal, E.C.B.’s need for safety was unmet, and M.R. was unlikely to meet the need for safety without court intervention, the CHINS adjudication was not clearly erroneous.
Cory J. Brightharp v. State of Indiana (mem. dec.)
20A-CR-649
Criminal. Affirms Cory Brightharp’s convictions and sentence for Level 6 felony intimidation and Level 6 felony criminal recklessness. Finds sufficient evidence to support the convictions. Also finds Brightharp has not shown that he was denied the effective assistance of trial counsel. Finally, finds that his concurrent sentences of two years and 183 days for criminal recklessness, with one year suspended, and two years, with one year suspended, for intimidation is not inappropriate.
Carl Murray v. State of Indiana (mem. dec.)
20A-CR-428
Criminal. Affirms Carl Murray’s convictions for two counts of Level 1 felony attempted murder and one count of Class A misdemeanor domestic battery. Finds sufficient evidence supports Murray’s conviction for attempted murder of Y.H. Also finds he has not established fundamental error in the instruction to the jury on transferred intent.
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