Court opinions

Court of Appeals of Indiana
In the Matter of the Civil Commitment of G.H. v. Richard L. Roudebush Veterans Affairs Medical Center
23A-MH-490
Mental health. Affirms the involuntary commitment of G.H but reverses a special condition and remands with instructions to the Marion Superior Court to strike the special condition prohibiting G.H. from consuming alcohol and drugs during his outpatient treatment Finds clear and convincing evidence supports the involuntary commitment, but insufficient evidence supports the special condition. Judge Elizabeth Tavitas concurs and dissents in part with separate opinion.

Court of Appeals of Indiana
Demarcus Nance v. State of Indiana
22A-CR-2581
Criminal. Reverses the Marion Superior Court’s denial of Damarcus Nance’s motion to suppress. Finds the officers had no authority to cross the threshold of Nance’s home without a warrant. Also finds the later searches without a warrant were tainted by the earlier illegal entries. Remands for further proceedings.

Court of Appeals of Indiana
Trevor D. Dilk v. State of Indiana (mem. dec.)
22A-CR-2734
Criminal. Affirms Trevor Dilk’s sentence of six years, with two years suspended to probation, for possession of methamphetamine, a Level 4 felony. Finds that any error in the Jennings Circuit Court’s consideration of aggravating circumstances is harmless. Also finds Dilk’s sentence is not inappropriate.

Court of Appeals of Indiana
In the Matter of the Civil Commitment of: K.K. v. Community Health Network, Inc.
23A-MH-114
Mental health. Affirms K.K.’s involuntary commitment to Community Health Network Inc. Finds the Marion Superior Court did not err in determining that K.K.’s doctor met the qualifications for an expert. Also finds there is sufficient evidence to support the involuntary commitment.

Court of Appeals of Indiana

Michael O. Cain and Linda A. Raymond et al. v. William J. Huff II Revocable Trust Declaration Dated June 28, 2011, and Nicole E. Huff Revocable Trust Declaration, Dated June 28, 2011
22A-PL-1258
Civil plenary.  Affirms partial summary judgment from Monroe Circuit Court for William and Nicole Huff. Finds the Huffs are entitled only to the declaratory judgment and clarifies that the scope of the trial court’s partial summary judgment. Remands the case for further proceedings.

Court of Appeals of Indiana
Richard Bojko, Patricia Gadzala, Katie Greenberg, Vernita Johnson-Macklin, Kurt Claussen, and Rachel Richardson v. Anonymous Physician and Anonymous Medical Practice, and Amy Beard, Commissioner of the Indiana Department of Insurance and G. Anthony Bertig, as Chairman of the Medical Review Panels
23A-CT-185
Civil tort. Affirms the Lake Superior Court’s grant of the petition filed by an anonymous physician and an anonymous medical practice asking the court to order plaintiffs Richard Bojko, Patricia Gadzala, Katie Greenberg, Vernita Johnson-Macklin, Kurt Claussen and Rachel Richardson to remove non-evidentiary allegations from their submissions to a medical review panel. Finds the trial court had subject-matter jurisdiction to grant the petition.

Court of Appeals of Indiana
Jason Walden v. State of Indiana
22A-CR-2363
Criminal. Affirms Jason Walden’s convictions of three counts of Level 1 felony child molesting and two counts of Level 4 felony child molesting but reverses his aggregate 102-year sentence. Finds the Clinton Circuit Court did not abuse its discretion when it replayed the victim’s entire testimony in response to a jury question. Also finds the trial court’s consideration of Walden’s prior acquittals was improper. Remands for resentencing. Judge Cale Bradford concurs in part and dissents in part with separate opinion.