Court opinions

Court of Appeals of Indiana
Estate of Gerald Everett Goldsberry v. Drake Air, LLC, by its member Brent L. Drake
23A-MI-1987
Miscellaneous. Affirms Morgan Superior Court’s judgment for Drake Air, LLC, by its member Brent L. Drake, for $50,000 following a bench trial. Finds the trial court correctly concluded that Bill Myrtle’s and Brad Huddle’s access to the helicopter on the day of the crash did not destroy the bailment between Drake Air and Gerald Goldsberry. Also finds that the trial court did not err when it concluded that the Goldsberry estate failed to demonstrate that the loss of the helicopter was not Goldsberry’s fault.

Court of Appeals of Indiana
Willow Haven on 106^th Street, LLC v. Hari Nagireddy and Saranya Nagireddy
22A-PL-2931
Civil plenary. Affirms the preliminary injunction enjoining Willow Haven on 106^th Street LLC from completing construction of a home on a lot next to where Hari and Saranya Nagireddy reside. Finds the Nagireddys were not required to exhaust administrative remedies before pursuing injunctive relief with the Hamilton Superior Court. Also finds the trial court did not abuse its discretion in entering a preliminary injunction in favor of the Nagireddys. Judge Leanna Weissmann dissents with separate opinion.

Court of Appeals of Indiana
J.G. v. State of Indiana (mem. dec.)
23A-JV-113
Juvenile. Affirms and reverses in part J.G.’s adjudication as a delinquent for what would be Level 4 felony child molesting, Level 5 felony criminal confinement and Level 6 felony dissemination of matter harmful to minors if committed by an adult. Finds the admission of hearsay testimony was harmless. Also finds insufficient evidence supports the Marion Superior Court’s true finding on the Level 6 felony. Finally, finds the scrivener’s error should be corrected. Remands with instructions to correct the scrivener’s error.

Court of Appeals of Indiana
Spencer Turner v. Mark Sevier
23A-MI-1053
Miscellaneous. Reverses the Henry Circuit Court’s summary disposition of Spencer Turner’s post-conviction relief petition. Finds the post-conviction court erred. Remands for the trial court to hold an evidentiary hearing to determine whether the state is able to show good cause for the delay in holding Turner’s revocation hearing, or whether he is entitled to have the alleged parole violations dismissed.

Indiana Supreme Court
Tailar L. Spells v. State of Indiana
23S-CR-232
Criminal. Affirms the retention of Tailar Spells’ cash bail to cover her $100 supplemental public defender fee and $2 jury fee. Vacates the $20 fine and other costs and fees. Finds the statutory agreement under Indiana Code § 35-33-8-3.2(a) permits application of cash bail to the whole of a defendant’s public defender costs. Also finds a court may retain cash bail to pay most other fines, costs and fees only after considering the defendant’s ability to pay. Finally, finds the indigency determination in this case was incomplete. Remands for further proceedings on the fines, costs and fees.

Court of Appeals of Indiana
Kenyonn Sincere v. State of Indiana
23A-CR-1172
Criminal. Affirms Kenyonn Sincere’s conviction of a Class A misdemeanor for falsely representing himself to be a detective with the Marion County Sheriff’s Department. Finds the admission of the challenged evidence was cumulative of other properly admitted evidence and therefore harmless. Also finds the deputy prosecutor did not commit prosecutorial misconduct and that the evidence is sufficient to sustain Sincere’s conviction.

Court of Appeals of Indiana
David Freed v. Elizabeth Freed
23A-DC-129
Domestic relations with children. Affirms the Johnson Circuit Court’s order awarding a pre-embryo to Elizabeth Freed following her divorce from David Freed. Finds the trial court applied the appropriate test and considered the appropriate factors before awarding the pre-embryo to Elizabeth Freed.