Court opinions

Indiana Court of Appeals

Anthony Graff v. State of Indiana 

23A-CR-2546

Criminal. Affirms Dearborn Circuit Court Judge F. Aaron Negangard’s denial of Anthony Graff’s motion to suppress. Finds Graff’s statements were made voluntarily. Reverses the trial court’s grant of the state’s motion in limine, which was seeking to exclude evidence of the administration of the polygraph examination and any expert testimony related to it. Finds Graff should be allowed to present evidence regarding the polygraph examination. Remands for the trial court and parties to define the presentation of the evidence. Attorney for appellant: Michael Cunningham. Attorneys for appellee: Indiana Attorney General Todd Rokita and Supervising Deputy Attorney General Ian McLean.

Indiana Supreme Court
Charles Jennings v. Jessica A. Smiley and Progressive Southeastern Insurance Co.
24S-CT-186
Civil tort. Appeal from the Hamilton Superior Court. Affirms the trial court’s denial of Charles Jennings’ motion to compel. Finds that, because Jennings failed to meet his burden of showing how any benefit of producing Jessica Smiley’s iPhone for inspection outweighed Smiley’s privacy interest, the trial court did not abuse its discretion by denying Jennings’ motion to compel. Also finds Jennings’ request was overbroad and would produce duplicative evidence in part. Justice Derek Molter dissents with a separate opinion. Attorneys for appellant: Bryan Babb, Bradley Dick, Jonathan Hughes. Attorneys for appellees: Robert Durham, Matthew Trainor, Edward Kohan, Trevor Brown, James Hehner, Matthew Hobson, Benjamin Katchur.

Indiana Court of Appeals
Madison N. Thomas v. State of Indiana
24A-CR-1243
Criminal. Affirms Allen Superior Court Judge Frances Gull’s sentence of Madison Thomas to one-and-a-half years in prison after Thomas pleaded guilty to three counts of Level 6 felony drug possession, divided between two cases. Finds the trial court revoked her bond when she violated the terms of her pretrial release and Thomas then violated the terms of the drug court program, for which she was sanctioned with jail time, before being removed from the program for a second violation. Also finds Thomas has failed to demonstrate this is one of the exceptional cases in which the appellate court should exercise its power to revise sentences. Attorney for appellant: Donald Frew. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Sierra Murray, Certified Legal Intern Maya Stirm.

Indiana Supreme Court
Automotive Finance Corporation v. Meng Liu
24S-CC-223
Civil collections. Reverses Marion Superior Court Judge Cynthia Ayers’ order to grant Meng Liu relief from judgment under Trial Rule 60(B)(3). Finds the trial court misinterpreted the law in granting Liu relief under Trial Rule 60(B)(3) and abused its discretion. Also finds Liu did not follow the legal avenues available either to oppose Automotive Finance Corporation’s motion for summary judgment or to raise Ning Ao’s alleged fraud in a motion to correct error once final judgment was entered. Remands for the trial court to reinstate summary judgment for Automotive Finance Corporation. Justice Christopher Goff dissents with a separate opinion. Attorney for appellant: Joshua Casselman. Attorney for appellee: Randall Shouse.

7^th Circuit Court of Appeals
Kevin Johnson v. Martin Purdue, et al.
23-2478
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Jane Magnus-Stinson. Affirms the district court’s granting of summary judgment for Pendleton Correctional Facility medical personnel, prison officials, and Wexford of Indiana, the prison’s contracted medical provider. Finds Kevin Johnson’s claim fails because he had sufficient constructive notice of the summary judgment motions and has never challenged the merits of the district court’s decision. Also finds that he failed to take any action in this case despite being put on notice that the defendants’ motions would shortly be refiled, that the district court instructed defendants to notify the court of any issues with service, and that Johnson has offered no argument that the district court’s decision was wrong on the merits of the summary judgment motions. Attorneys for appellant: D. Dangaran, Samuel Weiss. Attorneys for appellees: Benjamin Jones, Abigail Recker, Douglass Bitner, Rachel Johnson, Erica Sawyer.

Indiana Court of Appeals
Shawn Senter v. Kosciusko County Board of Zoning Appeals
24A-MI-1863
Miscellaneous. Reverses a Kosciusko Superior Court Judge Karin McGrath’s denial of Shawn Senter’s petition for judicial review of the decision of the Kosciusko County Board of Zoning Appeals, which denied Senter’s request to conduct retail sales of gasoline on his property. Finds that because the zoning ordinance explicitly allows a retail business to be operated on Senter’s property and the ordinance’s exceptions are inapplicable, the BZA’s decision restricting Senter’s retail sale of gasoline on his property was improper. Remands with instructions to grant Senter’s petition for judicial review. Attorneys for appellant: William Ramsey, Caleb Peery. Attorney for appellee: Adam Turner.

7^th Circuit Court of Appeals
United States of America v. Lorenzo Johnson
21-3345
Criminal. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon. Affirms the magistrate and district judges’ denials of Lorenzo Johnson’s requests for new counsel and the district judge’s denial of Johnson’s motion for a new trial. Finds the magistrate and district judges appropriately exercised their discretion in denying Johnson’s requests for new counsel. Also finds the district judge also properly denied Johnson’s motion for a new trial because it was undeveloped. Finally, finds Johnson’s claim of sentencing error is misplaced and not everything a judge says at sentencing is a factual finding. Attorneys for appellant: Jeremiah Newhall, Adam Tavitas. Attorneys for appellee: David Hollar, Nathaniel Whalen.

Indiana Court of Appeals
Adrian Cardenas v. Hook-SupeRx, L.L.C. d/b/a CVS Pharmacy, et al.
24A-CT-1942
Civil tort. Reverses Marion Superior Court Judge Kurt Eisgruber’s entry of summary judgment inf favor of HookSupeRx, LLC, d/b/a CVS Pharmacy. Finds that Jeremiah Sedam was, for purposes of respondeat-superior liability, an employee of CVS at the time he attacked Adrian Cardenas. Also finds that CVS’s Service Agreement with Protos— and, by extension, CVS’s relationship with Shield and Sedam—details control by CVS over the manner in which on-duty guards were to perform their security services. Judge Elaine Brown dissents with a separate opinion. Attorneys for appellant: Richard Waples, Thomas Crooks. Attorneys for appellees: Katherine Haire, Nicholas Brunette, Joseph Zumpano, III, Christopher Pearcy.

Indiana Supreme Court

In Re: The Adoption of P.J.W., J.D. and M.D. v. R.W.
24S-AD-117
Adoption. Reverses Montgomery Superior Court Judge Daniel Petrie’s order that adoption was not in P.J.W’s best interest because of J.D. and M.D.’s advanced ages and biological father R.W.’s purported rehabilitation. Finds that that the trial court based its best-interest determination on an erroneous legal conclusion that it is “inherently” in child’s best interest to be raised by a biological parent. Remands with instructions to consider the grandparents’ advanced ages in light of ability under Indiana Code subsection 31-19-11-1(a)(2) and to conduct a new best-interest determination using the proper legal standard. Attorneys for appellants: Robert Reimondo, Denise Hayden. Attorneys for appellee: Jon Laramore, Megan Stuart.

Indiana Court of Appeals
In the Matter of the Civil Commitment of: T.G. v. Community Health Network
24A-MH-1930
Mental health. Affirms Marion Superior Court Judge David Certo’s temporary involuntary civil commitment order for T.G. Finds sufficient evidence supported the trial court’s finding that T.G. was gravely disabled. Attorney for appellant: Talisha Griffin. Attorneys for appellee: Kathryn DeWeese, Joshua Radicke.

Indiana Court of Appeals
Commitment of J.D. v. Richard L. Roudebush Veterans Affairs Medical Center
24A-MH-2876
Mental health. Affirms Marion Superior Court Judge David Certo’s order of temporary civil commitment for J.D. Finds the Richard L. Roudebush Veterans Affairs Medical Center provided sufficient evidence to establish, under the clear and convincing evidence standard, that J.D. cannot provide for his essential human needs on his own due to his mental illness. Attorney for appellant: Talisha Griffin. Attorney for appellee: Rachel Gallagher.

7^th Circuit Court of Appeals
Gwendolyn D. Cunningham v. Lloyd J. Austin III, United States Secretary of Defense
24-1133
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker. Affirms the district court’s granting of summary judgment in Austin’s favor, reasoning that the department offered legitimate, nondiscriminatory reasons for its promotion decision and Cunningham failed to offer evidence that the department’s reasons were pretextual. Finds that while the district court misstated the law when it dismissed Cunningham’s statistical evidence out of hand, for statistics to support an employment discrimination claim, the plaintiff must also proffer individualized evidence of discrimination. Attorney for plaintiff: Tae Sture. Attorney for defendant: Rachana Fischer.

Indiana Court of Appeals

Eric Manual Montgomery v. State of Indiana
23A-CR-2052
Criminal. Affirms a jury finding Eric Montgomery guilty of rape, misdemeanor furnishing alcohol to a minor, and attempted obstruction of justice, and the imposition of an aggregate sentence of 36 years by Monroe Circuit Court Judge Valeri Haughton. Finds there was sufficient evidence to sustain Montgomery’s conviction of rape. Also finds that the trial court’s evidentiary rulings were not an abuse of its discretion and that neither its instructions to the jury nor the state’s filing of the amended charging information amounted to error, much less fundamental error. Attorney for appellant: Stacy Uliana. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General George Sherman.

Indiana Court of Appeals 

Tina Marie Campbell v. Jeffrey Allen Campbell

24A-DC-1004

Domestic relations with children. Affirms in part, reverses in part. Finds Lake Superior Court Judge Calvin Hawkins did not abuse his discretion when awarding Tina and Jeffrey Campbell joint custody of their children. Reverses the non-disparagement clause in the dissolution decree, concluding that it amounts to an unconstitutional prior restraint on free speech. Finds the Lake Superior Court failed to rule on one issue and abused its discretion when it ruled on another issue. Remands with instructions to strike the non-disparagement clause from the dissolution order. Attorney for appellant: Debra Lynch Dubovich.

7^th Circuit Court of Appeals
United States of America, ex rel., Judith Robinson, and State of Indiana v. Healthnet Inc.
23–2728
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney. Affirms the district court’s holdings that it lacked jurisdiction over Count III of Dr. Judith Robinson’s amended complaint, on behalf of the United States and the State of Indiana, against HealthNet alleging violations of the federal Anti-Kickback Statute and False Claims Act and the Indiana False Claims and Whistleblower Protection Act and that the settlement was fair, adequate, and reasonable. Finds that the district court did not abuse its discretion in rejecting Robinson’s challenges to the fairness of the settlement agreement. Also finds because that because Robinson has provided no other argument against the district court’s analysis or claimed shortcomings in the district court’s procedure, the circuit court finds the settlement agreement to be fair, adequate, and reasonable under the circumstances. Attorney for plaintiffs: Robert Saint, Lawrence Carcare,  Frances Barrow, Benjamin Jones. Attorneys for defendant: Libby Goodnight, Marc Quigley.

Indiana Court of Appeals
In re: Adoption of R.G.B. and P.K.B., M.B. v. A.S. and W.S.
24A-AD-1885
Adoption. Reverses Washington Circuit Court Judge Larry Medlock’s order granting the motion of adoptive parents’ A.S. and W.S. to waive the statutorily-mandated period of supervision prior to the adoption of minor children R.B. and P.B. Finds that the juvenile court erred in granting the waiver of the home study requirement. Remands with instructions for the juvenile court to order a period of supervision pursuant to Indiana Code section 31-19-8-1. Attorney for appellant: A. David Hutson. Attorney for appellee: Alice Blevins.

Indiana Court of Appeals
Poultry & Industrial Suppliers, Inc. v. Incubacol, S.A.S.
23A-CT-2446
Civil tort. Affirms Kosciusko Circuit Court Judge Michael Reed’s denial of Poultry & Industrial Suppliers’ motion for judgment on the pleadings on the strict-liability and negligence counts, but remands for further proceedings on the warranty count. Finds because Florida law applies to the strict-liability and negligence counts, the trial court did not err in denying Poultry Suppliers’ motion for judgment on the pleadings on the strict- liability and negligence counts, which was based on Indiana law. Also finds it’s unclear whether Poultry & Industrial Suppliers was an exclusive distributor for CTB and how CTB’s warranty got passed to Incubacol. Attorneys for appellant: Christopher King, William Ramsey. Attorney for appellee: Douglas Eaton.

Indiana Supreme Court
Indiana Office of Utility Consumer Counselor; Duke Industrial Group; Nucor Steel–Indiana; Citizens Action Coalition of Indiana, Inc. v. Duke Energy Indiana, LLC; Indiana Utility Regulatory Commission
23S-EX-162
Administrative. Affirms the Indiana Utility Regulatory Commission’s approval of Duke Energy Indiana LLC’s Transmission, Distribution, and Storage Improvement Charge plan and its proposed improvements and its finding that the plan was reasonable Finds that the commission’s order made the required determination that the TDSIC plan’s individual projects are cost-justified. Also finds these determinations are supported by the record, and they track what the statute requires of the commission to approve a TDSIC plan. Justice Derek Molter concurs with a separate opinion in which Chief Justice Loretta Rush joins. Justice Christopher Goff concurs with a separate opinion. Attorneys for appellants: Todd Richardson, Joseph Rompala, Tabitha Balzer, Aaron Schmoll, Jennifer Washburn, William Fine, Anne Becker. Attorneys for appellees: Andrew Wells, Elizabeth Heneghan, Peter Rusthoven, Nicholas Kile, Lauren Box, Kian Hudson, Attorney General Todd Rokita, Benjamin Jones, Beth Heline, Jeremy Comeau, Bradford Hines.

Indiana Court of Appeals
Robert Carl Christopher v. State of Indiana
24A-CR-1044
Criminal. Affirms Bartholomew Circuit Court Judge Kelly Benjamin’s sentencing order of Robert Christopher to nine years executed in the Department of Correction and one year suspended to probation for felony armed robbery. Finds that the trial court’s allocution procedure was erroneous, but Christopher did not object and has failed to show fundamental error. Also finds Christopher has not met his heavy burden of establishing fundamental error because the matters elicited during cross-examination and further discussed on re-direct examination were part of the pre-sentence investigation report, a report upon which the court relied during sentencing. Attorney for appellant: Benjamin Loheide. Attorneys for appellees: Attorney General Todd Rokita,  Assistant Section Chief for Criminal Appeals Kelly Loy.

Indiana Court of Appeals
Vanessa Manuel v. State of Indiana
24A-CR-1250
Criminal. Affirms Boone Circuit Court Judge Lori Schein’s finding Vanessa Manuel guilty of Level 6 felony resisting law enforcement, Class A misdemeanor driving while suspended, and Class B misdemeanor possession of marijuana and sentencing Manuel to an aggregate 365-day sentence with credit for time served and the remainder suspended to probation. Finds that the evidence is sufficient to prove that Manuel forcibly resisted, obstructed, or interfered with Deputy Jeffery Dixon as he attempted to assist Manuel to move her disabled vehicle from the roadway, where it had been blocking traffic. Attorney for appellant: Riley Parr. Attorneys for appellees: Attorney General Todd Rokita, Deputy Attorneys General Jodi Stein, Andrew Sweet.