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Opinions June 5, 2015

Indiana Court of Appeals
Bertram A. Graves, M.D. v. Indiana University Health, f/k/a Clarian Health Partners, Inc., Richard Kovacs, M.D., and Edward Ross, M.D.
49A05-1412-PL-560 
Civil plenary. Affirms summary judgment for IU Health defendants in a breach-of-contract and intentional infliction of emotional distress lawsuit brought by a cardiologist whose privileges were revoked. The trial court did not err in granting summary judgment and the court did not abuse its discretion in denying Graves’ motion to compel and in striking parts of his affidavit.

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Judge dismisses 54 potential jurors in house explosion trial

Jury selection in the trial of an Indianapolis man charged in a deadly 2012 house explosion got off to a rocky start Thursday when a judge dismissed the first 54 potential jurors following a defense attorney's revelation that the suspect is also accused of trying to hire a hit man to kill a witness.

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COA upholds termination of mother’s parental rights

The Indiana Court of Appeals found no abuse of discretion by a trial court when it denied a mother’s request to continue her termination of parental rights hearing for several months, when she expected to be released from incarceration. The mother was unable to prove that she would definitely be out of jail at that time.

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Opinions June 4, 2015 ILD

Indiana Court of Appeals
Jeffrey T. Gorham v. Dana E. Downing f/k/a Dana E. Gorham (mem. dec.)
29A02-1411-DR-803
Domestic relation. Affirms denial of husband’s motion to correct error.

Brandon George, Dustin George and 2911 Investments, LLC v. Pekin Life Insurance Company (mem. dec.)
38A02-1410-PL-751
Civil plenary. Reverses summary judgment for Pekin Life Insurance on the beneficiaries’ claim of breach of contract. Affirms summary judgment for the company on the beneficiaries’ bad faith claim and request for punitive damages.

Kraig Martin v. State of Indiana (mem. dec.)
49A04-1409-CR-434
Criminal. Affirms revocation of probation and placement in community corrections. Reverses imposition of $100 public defender fee against Martin but affirms remaining $560 in fees. Judge Riley concurs in part and dissents in part with the opinion.

Control Building Services, Inc. v. Simon Services, Inc., d/b/a Simon Business Network (mem. dec.)
49A04-1412-PL-547
Civil plenary. Reverses $10,407.80 fine assessed by the trial court to Control Building Services after finding it in contempt.
 
Renald Williams, Sr. v. State of Indiana (mem. dec.)
02A04-1409-CR-412
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture and aggregate 19-year sentence.

In Re: The Adoption of: M.W.M and K.R.M. (Minor Children) M.M. v. W.S. (mem. dec.)
43A03-1501-AD-16
Adoption. Affirms dismissal of M.M.’s motion for relief from judgment.

Ricardo B. Fuller v. State of Indiana (mem. dec.)
79A02-1411-CR-818
Criminal. Affirms dismissal of Fuller’s motion seeking modification of his 65-year sentence for Class A felony burglary, Class B felony criminal confinement, Class C felonies battery and stalking, and Class A misdemeanors domestic battery and invasion of privacy.

 

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Court erred in concluding vested title severed by tax sales

The Indiana Court of Appeals ordered judgment entered in favor of two families on their claim for adverse possession over a disputed tract of land in Pulaski County. The judges found the trial court erred when it found two tax sales involving the disputed property divested the adverse holders of their title to the real property.

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Panel splits over interpretation of corrupt business influence statute

The majority on a Court of Appeals panel tossed out a man’s corrupt business influence conviction after finding his criminal activity did not pose a threat of future criminal conduct. But the dissenting judge noted the majority was inserting a new element into the Indiana statute that does not exist.

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Tax Court orders more proceedings on sale of racetrack and card club

The Indiana Department of State Revenue scored a partial victory in Tax Court on Wednesday when the court granted the agency’s motion for summary judgment regarding whether I.C. 6-3-2-2.2 applied in its taxing of a portion of the gain generated by a Las Vegas-based corporation’s sale of a horse racetrack and card club to an out-of-state company. But there are issues of genuine material fact as to whether the department correctly classified Pinnacle Entertainment’s gain as business income.

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Inconsistency by trial court leads to partial reversal

Because a trial court hearing a child support matter at first declined to impute the income of the stepfather to the child’s mother, but later treated their income as the same when it came to the cost of her child’s health insurance, the Indiana Court of Appeals partially reversed a Hamilton Superior Court’s 2014 ruling.

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