Search Results

Indiana Court of Appeals
David R. Benjamin v. State of Indiana
23A-CR-2367
Criminal. Affirms David Benjamin’s conviction in Knox Circuit Court for Level 3 felony aggravated battery. Finds that the trial court did not abuse its discretion by admitting a doctor’s testimony regarding whether the victim’s injuries created a substantial risk of death.  Also finds Benjamin has waived his evidentiary appellate challenge because he objected at trial on one ground and raised a different ground on appeal. Finally, finds that any error in the admission of the evidence was harmless.

Indiana Court of Appeals
Theodore Rokita v. Barbara Tully
23A-PL-705
Civil plenary. Reverses the Marion Superior Court’s granting of summary judgment to Barbara Tully regarding her public records request for access to an informal advisory opinion from the Indiana Office of the Inspector General relating to the ethical implications of Attorney General Todd Rokita’s continued outside employment with Apex Benefits. Finds the Indiana General Assembly amended the statute relating to the Inspector General’s duties and made that amendment retroactive. Also finds the amended statute explicitly provides the Inspector General’s informal advisory opinions are confidential and excepted from disclosure under Indiana’s Access to Public Records Act. Remands with instructions that the trial court grant Rokita’s cross-motion for summary judgment.

Indiana Court of Appeals
Roman Lee Jones v. Sharon Hawk, et al.
23A-CT-201
Civil tort. Affirms the Miami Circuit Court’s order granting summary judgment to prison employees, Sharon Hawk, Brian Hollis and Renee Gall on Roman Jones’ prisoner complaint against the prison employees. Finds that because the prison employees negated the first element of Jones’ First Amendment retaliation claim, the trial court did not err by granting summary judgment to the prison employees.