Opinions Sept. 26, 2023

The following Indiana Supreme Court opinions were published after IL deadline on Monday:
Z.D. v. Community Health Network, Inc.
23S-CT-116
Civil tort. Affirms and reverses in part the grant of summary judgment to Community Health Network Inc. Finds Community is not entitled to summary judgment on Z.D.’s public-disclosure claim because it has not negated the publicity element, but it is entitled to partial summary judgment on Z.D.’s negligence claim. Also finds that although Z.D. cannot recover emotional-distress damages resulting from Community’s alleged negligence due to the modified impact rule, genuine issues of material fact remain regarding whether she can recover her alleged pecuniary damages and whether Community was the proximate cause of those damages. Remands for further proceedings. Justice Geoffrey Slaughter concurs in part and dissents in part with separate opinion. Justice Derek Molter not participating.

Indiana Right to Life Victory Fund and Sarkes Tarzian, Inc. v. Diego Morales, et al.
23S‐CQ‐108
Certified question. Disposes of a certified question from the 7^th Circuit Court of Appeals. Finds that Indiana Code §§ 3-9-2-3 to -6 prohibit or otherwise limit corporate contributions to political action committees or other entities that engage in independent campaign-related expenditures. Justice Christopher Goff dissents with separate opinion.

Noblesville, Indiana Board of Zoning Appeals v. FMG Indianapolis, LLC d/b/a Reagan Outdoor Advertising
23S-PL-114
Civil plenary. Affirms the Hamilton Superior Court’s judgment for Reagan Outdoor Advertising. Finds the term “relocate” in the ordinance is ambiguous and thus must be resolved in Reagan’s favor, such that Reagan did not relocate its sign. Justice Christopher Goff concurs in the judgment with separate opinion.

Tuesday opinions
Court of Appeals of Indiana
Natalie A. Harves, by Richard E. Harves and Karen Sue (Harves) Cutter, as personal representatives v. Daniel Rusyniak, in Individual Capacity as secretary of Indiana Family and Social Services Administration; Indiana Family and Social Services Administration; and Decatur County Division of Family Resources
23A-PL-671
Civil plenary. Affirms the Decatur Circuit Court’s summary judgment order on the underlying Section 1983 claim. Finds Natalie Harves doesn’t address the merits of the order on that claim. Reverses the trial court’s denial of Harves’ petition for judicial review, which challenged the denial of her application for Medicaid nursing-home benefits. Remands to the trial court with instructions to grant the petition for judicial review and return the matter back to the Indiana Family and Social Services Administration for further proceedings.

Maggie E. Winans v. State of Indiana
23A-CR-80
Criminal. Reverses Maggie Winans’ convictions of Class A misdemeanor domestic battery and Class A misdemeanor resisting law enforcement. Finds the Cass Superior Court committed reversible error when it failed to reset the matter for a jury trial after Winans’ pretrial diversion agreement was terminated. Remands for a jury trial.

Todd Blakeney v. City of Covington (mem. dec.)
23A-CT-381
Civil tort. Affirms the Fountain Circuit Court’s grant of summary judgment to the city of Covington on Todd Blakeney’s negligence claim. Finds the city owed no duty to Blakeney under the circumstances, so he cannot prove the city was negligent.

Joseph Charles Snyder v. State of Indiana (mem. dec.)
23A-CR-100
Criminal. Affirms the Howard Superior Court’s termination of Joseph Charles Snyder’s placement in a drug court program in three separate causes, including one probation cause and two new offense causes. Finds the trial court did not abuse its discretion by revoking Joseph Snyder’s placement or by imposing the sanction and sentences for the three causes as set forth in his plea agreement. Remands to the trial court to correct certain discrepancies found in its sentencing order, abstract of judgment and chronological case summary entry in one of Snyder’s new offense causes.

Sean Aaron Landrum v. State of Indiana (mem. dec.)
23A-CR-41
Criminal. Affirms Sean Landrum’s aggregate 58-year sentence in the Department of Correction for two counts of Level 3 felony rape, one count of Level 5 felony criminal confinement and one count of Level 6 felony domestic battery. Finds the Howard Circuit Court did not abuse its discretion in ordering Landrum to serve the sentences for criminal confinement and domestic battery consecutive to the sentences for his rape convictions.

Charles Lee Johnson, Jr. v. State of Indiana (mem. dec.)
22A-CR-2414
Criminal. Affirms the Lake Superior Court’s credit time calculation pursuant to a plea agreement. Finds the only statutory provision pertinent is Indiana Code § 35-35-3-3(e) (2017). Also finds the trial court did not err in its credit time calculation.

Robert M. Williams v. State of Indiana (mem. dec.)
22A-CR-2498
Criminal. Affirms Robert Williams’ convictions for Level 1 felony child molesting and Level 4 felony child molesting. Finds the Madison Circuit Court did not abuse its discretion in admitting expert testimony about behavioral patterns exhibited in sexually abused children. Also finds that by failing to object to the state’s closing argument, Williams waived any claim based on the content of the argument.

Luis Sanchez Hernandez v. State of Indiana (mem. dec.)
22A-CR-3069
Criminal. Affirms Luis Sanchez Hernandez’s conviction of three counts of Class A felony child molesting, three counts of Level 1 felony child molesting and three counts of Class C felony child molesting. Finds Hernandez has not established that the Marion Superior Court has committed any reversible error when it rendered the evidentiary decisions that he challenged.

Ciarra Marie Landfair v. State of Indiana (mem. dec.)
23A-CR-612
Criminal. Affirms the Vanderburgh Circuit Court’s refusal to permit Ciarra Landfair to withdraw her guilty plea to the murder of Kimra Miller. Finds the trial court was well within its discretion to credit Landfair’s original guilty plea over her later claim of innocence.

In the Matter of R.D. (Minor Child), Child in Need of Services J.D. (Father) and S.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JC-2746
Juvenile CHINS. Affirms the Floyd Circuit Court’s determination that R.D., child of father J.D. and mother S.S., is a child in need of services. Finds the trial court erred in finding that J.D. admitted R.D. is a CHINS, so J.D. may appeal the CHINS determination. Also finds the trial court’s finding that R.D. was in S.S.’s care at the time of her overdose was clearly erroneous, but the record supports the finding that S.S. did not know R.D.’s whereabouts for three days after her overdose. Finally, finds the evidence supports a reasonable inference that the parents are not able to provide R.D. with the sober care and supervision that she needs, and the evidence demonstrates that R.D. is unlikely to receive that care and supervision without coercive intervention of the court. Judge Patricia Riley concurs in result without separate opinion.

In the Matter of the Civil Commitment of: O.G. v. Sandra Eskenazi Mental Health Center (mem. dec.)
23A-MH-895
Mental health. Affirms the Marion Superior Court’s Order of Review of Regular Commitment of O.G. Finds clear and convincing evidence supports the trial court’s conclusion that O.G. was gravely disabled for purposes of her commitment.

Matthew Foreman, in his capacity as Personal Representative in the estate of Judith A. Caress, deceased v. Broken Clays, Inc., d/b/a Jarrett Engineering, John Caress, Jr., Lisa L. Caress, and Ann S. Furgason (mem. dec.)
22A-PL-1142
Civil plenary. Affirms the Marion Superior Court’s denial of Matthew Foreman’s motion for summary judgment but reverses the trial court’s entry of summary judgment in favor of Broken Clays Inc. d/b/a Jarrett Engineering. Finds the trial court properly denied summary judgment to Foreman but erred in granting summary judgment in favor of Broken Clays. Remands for further proceedings.