Court opinions

Court of Appeals of Indiana
Jeremiah Jordyn Smith v. State of Indiana
22A-CR-364
Criminal. Reverses the Tippecanoe Superior Court’s grant of the state’s motion to revoke the pretrial diversion agreement entered into with Jeremiah Jordyn Smith. Finds Smith’s diversion agreement was supported by consideration and the state was bound by its terms. Also finds revoking Smith’s diversion agreement without cause was a breach of the agreement’s terms. Remands with instructions to dismiss the case against Smith with prejudice.

Court of Appeals of Indiana

People for Community, Inc./PFC, Isaac Fincher v. City of Fort Wayne Neighborhood Code Compliance
22A-MI-447
Miscellaneous. Affirms the dismissal of the complaint filed by Rev. Isaac Fincher in Allen Circuit Court on behalf of People for Community Inc. Finds PFC’s argument fails on the merits because the trial court gave PFC ample opportunities to secure counsel. Concludes the COA cannot say that the trial court abused its discretion by failing to give PFC even more time to secure counsel as it gave PFC ample time to do so.

7^th Circuit Court of Appeals
United States of America v. Travis Gates
21-3314
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Criminal. Affirms Travis Gates’ four-year sentence for his conviction of being a felon in possession of a firearm. Finds Gates’ sentence was procedurally sound and substantively reasonable.

Court of Appeals of Indiana
Z.T. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
22A-EX-1360
Agency action. Affirms the Review Board of the Indiana Department of Workforce Development’s dismissal of Z.T.’s appeal of an administrative law judge’s denial of her unemployment claim on the basis that she left employment without good cause in connection with the work. Finds Z.T. filed her appeal with the review board well beyond 15 days following notification of the ALJ’s decision, so the board had no jurisdiction to review that decision and thus properly dismissed Z.T.’s untimely appeal.

Court of Appeals of Indiana
James Stephens v. The Honorable Peggy Ryan Hart, Magistrate
22A-MI-1301
Miscellaneous. Affirms the dismissal of James Stephens’ claims against Marion Superior Magistrate Judge Peggy Hart regarding his denial of petition for post-conviction relief. Finds the claims were subject to dismissal based on absolute judicial immunity. Also finds Stephens’ waived argument that the trial court magistrate judge lacked authority to dismiss his complaint is not well-taken. Finally, finds Stephens has waived any constitutional challenge to the statute granting magistrate judges the authority to enter final appealable orders.

Court of Appeals of Indiana
Shane E. Ehr v. State of Indiana (mem. dec.)
22A-CR-496
Criminal. Affirms Shane E. Ehr’s conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds the Jay Superior Court did not err when it denied Ehr’s motion to dismiss because lost photographs from the incident were not materially exculpatory. Also finds the photographs might have been potentially useful, but Ehr made no showing the state destroyed them in bad faith.

Court of Appeals of Indiana
Gene DeVane and Gladys DeVane, Husband and Wife v. Arch Wood Protection, Inc., a Lonza Company, Osmose, Inc., n/k/a Koppers Performance Chemicals Inc., Chemical Specialties, Inc., n/k/a Venator Materials PLC
22A-CT-233
Civil tort. Affirms the dismissal with prejudice of Gene and Gladys DeVane’s complaint against Arch Wood Protection Inc., Koppers Performance Chemicals Inc. and Venator Materials PLC seeking the replacement of their decks. Finds the Monroe Circuit Court erred by dismissing the complaint based on the product-liability statute of repose because the DeVanes have alleged no past or existing physical harm. Also finds the DeVanes have not established that “equitable remediation” is a valid cause of action, nor have they identified any other statutory or common-law cause of action that might be viable here.