Court opinions

Court of Appeals of Indiana
Luse Thermal Technologies, LLC v. Graycor Industrial Constructors, Inc. and BP Products North America, Inc.
23A-PL-633
Civil plenary. Affirms the Lake Superior Court’s grant of partial summary judgment in favor of Graycor Industrial Constructors Inc. on Luse Thermal Technologies Inc.’s request for damages and unjust enrichment claim; the grant of summary judgment in favor of BP Products North America Inc. on Luse’s claims based on the personal liability notice statute and unjust enrichment; the grant of BP’s motion to strike certain evidentiary materials; and the denial of Luse’s partial motion for summary judgment with respect to Graycor’s counterclaim relating to the recovery of certain contractual costs. Finds the trial court did not abuse its discretion in granting BP and Graycor’s motions to strike, nor did it err in granting Graycor and BP’s motions for summary judgment. Also finds genuine issues of material facts remain as to Luse’s motion for partial summary judgment. Finally, finds Graycor’s request for appellate attorney fees is not ripe for review.

Court of Appeals of Indiana
Sammy Tinnin v. State of Indiana (mem. dec.)
23A-CR-628
Criminal. Affirms Sammy Tinnin’s conviction in the Marion Superior Court of felony murder. Finds the trial court did not abuse its discretion in denying Tinnin a continuance. Also finds no fundamental error occurred as a result of Exhibits 66 and 67 not being formally admitted into evidence. Finally, finds the state proved beyond a reasonable doubt that Tinnin murdered John Shockley.

Court of Appeals of Indiana
Indiana Law Enforcement Training Board v. Marion County Sheriff’s Office (mem. dec.)
23A-PL-655
Civil plenary. Affirms the Marion Superior Court’s entry of summary judgment for the Marion County Sheriff’s Office. Finds the Indiana Law Enforcement Training Board’s argument that sheriff’s deputies aren’t eligible for training from the board isn’t properly before the court. Also finds the trial court did not enter injunctive relief. Vacates the trial court’s supplemental order, finding it was unnecessary dicta and potentially confusing to the underlying judgment.

Court of Appeals of Indiana
Dylan T. Myers v. State of Indiana
22A-CR-3022
Criminal. Affirms Dylan T. Myers’ conviction of neglect of a dependent resulting in catastrophic injury as a Level 1 felony and his 30-year sentence. Finds the state presented sufficient evidence to support Myers’ conviction. Also finds the sentence imposed on Myers’ conviction under the neglect statute as a Level 1 felony does not offend the proportionality clause of the Indiana Constitution.

Court of Appeals of Indiana
Wiley R. Jones v. State of Indiana
23A-CR-739
Criminal. Reverses Wiley Jones’ sentences for six counts of possession of child pornography as Level 5 felonies. Finds Counts I through VI constitute a single episode of criminal conduct and are subject to the limitation in Ind. Code § 35-50-1-2(d). Remands to the Floyd Superior Court with instructions to resentence Jones consistent with this opinion.

Court of Appeals of Indiana
Loren Wayne Tidwell v. State of Indiana (mem. dec.)
23A-PC-55
Post-conviction relief. Affirms the denial of Loren Tidwell’s petition for post-conviction relief. Finds Tidwell’s right to due process was not infringed in the underlying post-conviction proceedings. Also finds Tidwell has not demonstrated that the post-conviction court’s conclusion that trial counsel rendered effective assistance was clearly erroneous. Finally, finds PCR counsel’s performance did not deprive Tidwell of a procedurally fair proceeding.

Court of Appeals of Indiana
Harry Gillespie Nicholson, IV v. State of Indiana
23A-CR-890
Criminal. Affirms Harry Gillespie Nicholson IV’s sentence to 12 years in the Department of Correction for Level 4 felony sexual misconduct with a minor. Finds Nicholson has failed to establish that the maximum sentenced imposed by the Lake Superior Court was inappropriate given the nature of the offense and his character. 

Court of Appeals of Indiana
In the Matter of J.P., A Child in Need of Services, A.P., v. Indiana Department of Child Services (mem. dec.)
23A-JC-476
Juvenile CHINS. Affirms the Hamilton Superior Court’s order adjudicating mother A.P.’s minor child, J.P, as a child in need of services. Finds any error in admitting Exhibit 2 was harmless. Also finds the trial court’s CHINS adjudication was supported by sufficient evidence and was not clearly erroneous.