Court of Appeals of Indiana
In Re: The Adoption of P.J.W. James D. DeClerck and Marilyn J. DeClerck v. Ronald J. Walters
23A-AD-1254
Adoption. Affirms the Montgomery Superior Court’s denial of James and Marily DeClerck’s petition to adopt P.J.W. Finds the trial court did not abuse its discretion when it found that adoption is not in the child’s best interests. Judge Terry Crone dissents with separate opinion.
Court of Appeals of Indiana
Steven E. Malloch v. State of Indiana
22A-PC-2053
Post-conviction relief. Affirms the DeKalb Superior Court’s denial of Steven Malloch’s petition for post-conviction relief. Finds Malloch’s trial attorney, John Bohdan, did not perform deficiently by not calling an expert witness about false confessions at Malloch’s trial because he pursued other strategies calculated to sow doubt regarding the veracity of Malloch’s confession. Also finds Bohdan didn’t perform deficiently when he did not call a sleep expert who could not provide an opinion supportive of Malloch or a sleep expert who would have been a reluctant and equivocal witness at best.
A man whose attorney failed to call two key experts in his child molesting trial failed to convince the Court of Appeals of Indiana that his attorney performed deficiently.
Wading into a dispute over a middle school romance gone wrong, the Court of Appeals of Indiana has reversed a protective order issued against a teen who tried to contact his ex while the two were at school.
A Grant County couple cannot “rely on the state to bail them out” and are not entitled to compensation for damages related to the construction of a massive dam on their property, the Court of Appeals of Indiana affirmed Wednesday.
Court of Appeals of Indiana
John E. Moriarity, Mae E. Moriarity, and C-A-R-E Auto Auction, Inc. v. State of Indiana, Indiana Natural Resources Commission, and Indiana Department of Natural Resources
22A-PL-2899
Civil plenary. Affirms the Grant Circuit Court’s dismissal of John and Mae Moriaritys’ inverse condemnation action. Finds the complaint did not successfully plead a regulatory taking.
Two felon-in-possession convictions were multiplicitous, the 7th Circuit Court of Appeals has ruled, but a defendant’s other challenges to his drug-related convictions and sentence failed.
Court of Appeals of Indiana
Marion Superior Court Probation Department v. Cheryl Trapuzzano and Jennifer Trapuzzano, as Co-Personal Representatives of the Estate of Nathan Trapuzzano, Deceased
23A-CT-61
Civil tort. Reverses the denial of the Marion Superior Court Probation Department’s motion for summary judgment regarding claims brought by Cheryl and Jennifer Trapuzzano, as co-personal representatives of the Estate of Nathan Trapuzzano. Finds the probation department has quasi-judicial immunity from liability for the estate’s claims. Remands.
The Marion Superior Court Probation Department is entitled to immunity against the negligence claim brought by the estate of a man who was killed by a juvenile on probation, the Court of Appeals of Indiana has ruled.
A motorist whose vehicle was rear-ended proved negligence on the other driver’s part but was also partially at fault, the Court of Appeals of Indiana affirmed Tuesday, also upholding the jury instructions.
A small claims court violated a tenant’s due process rights when it did not give her adequate notice of a hearing on a nonemergency eviction claim and did not allow her to prepare and present her defenses, the Court of Appeals of Indiana ruled.
Court of Appeals of Indiana
Herman O. Fritz v. State of Indiana
22A-CR-2340
Criminal. Affirms and reverses in part Herman O. Fritz’s convictions of Level 6 felony possession of methamphetamine, Class A misdemeanor resisting law enforcement, Class A misdemeanor possession of marijuana with a prior conviction and Class C misdemeanor possession of paraphernalia. Finds the Elkhart Superior Court did not abuse its discretion in the admission of evidence seized from a pat-down search and subsequent search incident to Fritz’s arrest. Also finds the state failed to present sufficient evidence to sustain Fritz’s possession-of-marijuana conviction. Remands with instructions for the trial court to vacate Fritz’s conviction and sentence for the Class A misdemeanor possession-of-marijuana conviction.
A man convicted of drug charges could not convince the Court of Appeals of Indiana that meth-related evidence was improperly admitted at his trial, but he did prevail on his argument that there was insufficient evidence to support a marijuana conviction.
A grandfather may proceed with his petition for visitation with his grandchild, the Court of Appeals of Indiana has ruled in reversing the dismissal of that petition.
Indiana Supreme Court justices granted transfer to two cases last week, including one involving a woman who sued a Red Lobster restaurant for negligence after tripping on an unmarked elevated portion of the restaurant’s floor.
A district court must consider on the merits an inmate’s request to modify the terms of his restitution obligation, the 7th Circuit Court of Appeals has ruled.
A nurse who contracted a skin infection through her work at a Hobart hospital can pursue a medical malpractice complaint against a physician, the Court of Appeals of Indiana ruled in a Thursday reversal.
Thursday opinions
Court of Appeals of Indiana
Laurie Gardner v. Anonymous Physician
23A-CT-345
Civil tort. Reverses the Lake Superior Court’s order dismissing Laurie Gardner’s medical malpractice complaint against Anonymous Physician based on Indiana Trial Rule 12(B)(1) for lack of subject-matter jurisdiction. Finds that while Gardner may not proceed against Anonymous Physician based on his treatment of another patient or his actions as a medical director at the hospital, she may pursue a medical malpractice action related to any treatment she received from Anonymous Physician for her workplace injury. Remands for further proceedings.
The man convicted of the 2015 murder of a pregnant Indianapolis pastor’s wife has lost his argument on appeal that inadmissible statements to law enforcement undercut his convictions of murder and other charges.
Former President Donald Trump will stay on the Minnesota primary ballot after the state Supreme Court on Wednesday dismissed a lawsuit seeking to end his candidacy under a rarely-used constitutional provision.