Opinions

Indiana Court of Appeals
In Re: the Matter of K.W., A Child Alleged to Be a Delinquent Child, C.A. (Mother) v. State of Indiana
23A-JV-2040
Juvenile. Reverses the Lawrence Circuit Court’s juvenile problem-solving court’s order placing C.A. on house arrest and ordering her to spend time in jail. Finds the statutes defining problem-solving courts do not give the JPSC the authority to deprive the mother of her liberty without following statutory process for holding her in indirect contempt of court. Also finds that while the mother could have waived her right to due process prior to deprivation of her liberty, the record before us does not demonstrate she knowingly waived her rights. Judge Nathan Nikirk, and Juvenile Referee Anah Gouty presided in the case. Attorney for appellant: Daniel Dixon. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Megan Smith.

Indiana Court of Appeals
James Emslander v. Jaclyn Baine
24A-DC-1138
Domestic relations with children. Reverses Kosciusko Superior Court Judge Karin McGrath’s order granting Jaclyn Baine’s petition to relocate her residence with her two minor children. Finds the appellate court agrees with James Emslander, the father, that, under the facts and circumstances of this case, his technical noncompliance with the statute is insufficient to support the relocation order. Also finds it is a fundamental tenet of family law that all matters of child custody, including relocation, turn on the best interests of the children. Attorney for appellant: Elizabeth Deckard. Attorney for appellee: Andrew Grossnickle.

7th Circuit Court of Appeals:
K.C., et al. v. Individual Members of the Medical Licensing Board of Indiana, et al.
23-2366
Civil. Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge James Hanlon. Reverses the district court’s order and vacates its injunction against Indiana law that prohibits physicians from providing gender affirming surgeries or medication to minors. Finds the appellees “must take their grievance to the people of Indiana -not the courts.” Also finds the district court erred by entering the preliminary injunction. Remands for further proceedings consistent with the opinion. Judge Candace Jackson-Akiwumi dissents with a separate opinion. The appellees’ attorneys: Kenneth Falk, Gavin Rose, Chase Strangio, Stevie Pactor, and Harper Samuel Seldin with the American Civil Liberties Union of Indiana. The appellants’ attorneys: Corrine Lorraine Youngs, James Barta and Katelyn Doering with the Office of the Attorney General.

Indiana Court of Appeals
Ronald E. Davidhizar v. City of Goshen, Indiana
23A-PL-2921
Civil plenary. Affirms Elkhart Circuit Court Judge Michael Christofeno’s order denying Ronald Davidhizar’s complaint for judicial review of the demolition order entered by the City of Goshen. Finds that Davidhizar’s complaint for judicial review was untimely filed. Appellant’s attorney: John William Davis, Jr.; Appellee’s attorney: Donald Shuler.

Indiana Court of Appeals 

In Re the Adoption of K.B. & H.F. (Minor Children), J.B. v. Ji.K. and Je.K.

23A-AD-2996

Adoption. Reverses Allen Superior Court Judge Lori Morgan’s determination that J.B.’s consent was not necessary for the adoption of K.B. and H.F. to Ji.K. and Je.K. Also reverses the grant of the foster parents’ petitions to adopt the children. Finds the trial court clearly erred. Appellant’s attorneys: Rex Patterson and Danielle Swan with Patterson Law LLC. Appellees’ attorney: Thomas Allen.

Indiana Court of Appeals
State of Indiana v. James W. Baker Jr. 

24A-CR-914

Criminal. Reverses Hamilton Superior Court Judge William J. Hughes’ grant of James Baker Jr.’s motion to suppress. Appeals court is not persuaded that Brown v State requires suppression of evidence in this case. Remands for proceedings consistent with the opinion. Judge Paul Mathias dissents in a separate opinion. Appellant’s attorneys: Indiana Attorney General Todd Rokita and Supervising Deputy Attorney General Caroline Templeton. Appellee’s attorney: James Crum with Coots, Henke & Wheeler P.C.

United States of America v. Charles House 

23-1950

Criminal. U.S. District Court for the Southern District of Indiana, Indianapolis division. Judge Sarah Evans Barker. Affirms the district court’s reliance on United States v. Tuggle in its denial of Charles House’s motion to suppress. Finds House did not present any reasons to reconsider Tuggle.

Appellee’s attorneys: Lindsay Karwoski and Bob Wood of the U.S. Attorney’s Office

Appellant’s attorneys: Vanessa Eisenmann and Michelle Jacobs with Biskupic & Jacobs S.C.

Indiana Court of Appeals
Casimir R. Starsiak, Jr., and Diane L. Hahn v. Janette T. Starsiak
24A-PL-724
Civil plenary. Affirms Marion Circuit Court Judge Amber Collins-Gebrehiwet’s order denying Casimir Starsiak and Diane Hahn’s motion to correct error. Finds Starsiak and Hahn have no present claim to their sister’s share of their mother’s estate and their request for relief is premature and based on speculation. Also finds the issue of the legal ownership of Janette Starsiak’s share of their mother’s estate has already been determined by a court of competent jurisdiction and the motion to correct error was correctly denied because it sought relief which was unavailable after final judgment and alleged no legal error. Attorney for appellant:  J. Alex Bruggenschmidt. No attorney for appellee listed in the opinion.

Indiana Supreme Court
State of Indiana v. Franciscan Alliance, Inc. f/k/a Sisters of St. Francis Health Services, Inc., et.al.
24S-PL-118
Civil plenary. Reverses a Johnson Superior Court jury verdict awarding $680,000 plus interest to Franciscan Alliance and $1,500,000 plus interest to SCP. Finds the trial court committed reversible error in admitting Franciscan’s and SCP’s evidence of damages related to the Fairview Road intersection closure, as that evidence led to the jury awarding both parties non-compensable damages.  Also finds that because each appraiser provided a different amount owed to Franciscan for its 0.632-acre strip of land, the court remands for proceedings to determine the just compensation owed to Franciscan for the land taken. Attorneys for appellant, State of Indiana: Attorney General Todd Rokita, Deputy Attorneys General Frances Barrow, Benjamin Jones. Attorneys for Appellee, Franciscan Alliance , Inc. Paul Vink, Seema Shah. Attorneys for Appellee SCP 2010 – C36 – 018 , LLC: Andrielle Metzel, Ryan Simatic.

7^th Circuit Court of Appeals
James Walters, on behalf of himself and others similarly situated, v. Professional Labor Group LLC
23-3346
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney. Affirms the district court’s granting of summary judgment to James Walters and similarly situated employees of Professional Labor Group LLC in their liability complaint against the company. Finds there is no genuine dispute as to any material fact that PLG violated the Fair Labor Standards Act by failing to compensate its employees for their time spent traveling to overnight assignments during normal working hours.

Indiana Court of Appeals
Taliyah Brooks v. USA Track & Field, Inc.
23A-PL-1685
Civil plenary. Affirms the Marion Superior Court’s June 2023 orders on summary judgment. Finds that Taliyah Brooks has not met her burden of showing that the trial court’s grant or denial of summary judgment was erroneous on the basis of her unconscionability and public policy argument. Reverses the trial court’s July 2023 order denying Brooks’ motion to amend her complaint. Finds the trial court abused its discretion by denying her motion to amend her complaint under Trial Rule 15(A). Remands for further proceedings.

Indiana Court of Appeals
Autovest LLC v. Julie Abner
24A-CC-1113
Civil collection. Reverses the Marion Superior Court’s dismissal of Autovest, LLC’s complaint to renew a judgment against Julie Abner. Finds Autovest acted not only within its rights but prudently by filing its December 2023 renewal complaint against Abner under a new cause number.  Also finds the trial court therefore erred as a matter of law when it dismissed Autovest’s renewal complaint

Indiana Supreme Court
Regina Geels v. Lindsay Flottemesch, Mackenzi Hatfield, and Stephanie Malinowski as Guardian for Marley Malinowski
24S-PL-362
Civil plenary. Grants transfer, vacating the Court of Appeals opinion and remands for the Allen Superior Court to apply the clear-and-convincing standard to the evidence. Finds Regina Geels’s burden-of-proof argument persuasive. Also finds creating a constructive trust requires a higher showing.

Indiana Court of Appeals
T.W. (Minor Child) v. Indiana Department of Child Services
24A-JC-780
Juvenile CHINS. Affirms the Delaware Circuit Court’s termination of the Indiana Department of Child Services’ wardship of T.W. and the court’s closure of T.W.’s CHINS case. Finds the court’s closure of the CHINS case is a proper dismissal for lack of subject matter jurisdiction. Also finds the court has statutory authority to reinstate its jurisdiction after the child’s release from the Indiana Department of Correction.

Indiana Court of Appeals
In the Matter of J.B. (Minor Child) K.C. and S.C. v. Indiana Department of Child Services
24A-JC-1124
Juvenile CHINS. Affirms the Wayne Superior Court’s denial of foster parents K.C. and S.C’s motion to intervene and petition for a preliminary injunction barring the placement of J.B. for adoption. Finds the trial court correctly determined that the foster parents had no right to participate in the CHINS proceeding as a party and were not entitled to a preliminary injunction.

Indiana Court of Appeals
Correct Roofing, Inc. v. Alfredo Vasquez
23A-CT-2535
Civil tort. Affirms the Elkhart Superior Court’s order granting Alfredo Vasquez’s motion for summary judgment and entering a judgment in favor of Vasquez for $23,040. Finds Correct Roofing waived its challenge on appeal to the trial court’s order granting Vasquez’s motion to strike by failing to provide a cogent argument as required by Indiana Appellate Rule 46. Also finds there is no dispute of material fact that Vasquez performed his obligations under the contract and Correct Roofing did not, that Vazquez’s damages were as the trial court determined, or that Correct Roofing violated the Home Improvement Contracts Act

Indiana Court of Appeals
Ivan Hernandez-Vargas v. State of Indiana
24A-CR-1306
Criminal. Reverses the Hamilton Superior Court’s order upon revocation of Ivan Hernandez-Vargas’s probation which included a civil judgment for probation user fees assessed at the time of original sentencing. Finds that trial courts are not statutorily constrained to leave in place probation fees such as the ones at issue here. Remands with instructions to reduce the amount of fees by $660.

Indiana Court of Appeals
State of Indiana v. Shianne Brooks-Brown
24A-CR-627
Criminal. Affirms the Carroll Circuit Court’s denial of the state’s motion to exclude Shianne Brooks-Brown’s proffered evidence with respect to her subjective state of mind at the time of the alleged offenses of being an accomplice to robbery and murder. Finds that as long as Brooks-Brown’s proffered evidence is admissible under the Indiana Rules of Evidence, her evidence is entirely consistent with Indiana law. Judge L. Mark Bailey concurs with separate opinion. Chief Judge Robert Altice dissents with separate opinion.