Opinions

Indiana Supreme Court
State of Indiana, Acting on Behalf of the Indiana Family & Social Services Administration
49S00-1605-OR-294
Original action. Concludes that the state is entitled to a change of judge. Removes Marion Superior Judge David Dreyer and orders the trial court to grant the change of judge motion. Vacates all orders Dreyer issued in the case on or after May 6, 2016, the date the Supreme Court’s order was certified, and prohibits Dreyer from exercising further jurisdiction except to effectuate the change of judge.

Indiana Court of Appeals
Richard J. McVey v. State of Indiana
73A04-1601-CR-12
Criminal. Affirms in part and reverses in part denial of McVey’s petitions to be removed from the lifetime sex-offender registry and to be exempted from the unlawful-entry statute. Finds the lifetime-registration requirement for sex offenders violates the Indiana Constitution’s prohibition against ex post facto laws as applied McVey, who was convicted of molesting his half-sister between 1998 and 2001. Holds the unlawful-entry statute, which makes it a crime for a person who is required to register as a sex offender and who is convicted of child molesting to enter school property, is not an ex post facto law as applied to him.

Indiana Court of Appeals
Keyaunna Hurley v. State of Indiana
49A05-1601-CR-108
Criminal. Rules Keyaunna Hurley’s inability to give a sufficient sample on a chemical breath test after she was suspected of driving under the influence was a refusal to take the test under section 2-4-2(b)(5) of Title 260 of the Indiana Administrative Code and the evidence was sufficient to sustain the refusal determination.

Indiana Court of Appeals
Anonymous M.D. and Anonymous Hospital v. Kenneth Lockridge, on behalf of Lily Lockridge, Rose Lockridge, and Kenneth Lockridge, Jr., Minors
39A01-1509-CT-1498
Civil tort. Affirms ruling that a medical malpractice suit filed by minor children Lily, Rose and Kenneth Lockridge Jr. can proceed due to an exception in the Medical Malpractice Act, and the Act includes derivative lawsuits because the General Assembly did not exclude them when it drafted the legislation.

Indiana Supreme Court
In the Matter of Charles P. White
49S00-1203-DI-156
Attorney discipline. Suspends the former Indiana Secretary of State for at least two years without automatic reinstatement. Finds that Charlie White’s felony convictions of perjury, voting outside a precinct of residence and theft are violations of Indiana Professional Conduct Rules.

Indiana Court of Appeals
BC Osaka, Inc. and City Inn, Inc. v. Kainan Investment Groups, Inc.
45A03-1510-CT-1587
Civil Tort. Reverses decision granting Kainan Investment’s cross-claim on summary judgment that BC Osaka indemnify them against a woman’s personal injury claims. Finds the lease agreement did not specify whether the indemnification extended to negligence by the landlord and the landlord controlled the parking lot where the injury happened. Remands for jury trial.

Indiana Court of Appeals
Willis G. Heck v. State of Indiana (mem. dec.)
84A01-1601-CR-126
Criminal. Affirms Willis Heck’s five-year sentence after he pleaded guilty to Level 5 felony burglary.

Indiana Court of Appeals
Trondo L. Humphrey v. State of Indiana
48A02-1508-PC-1238
Post conviction. Reverses and remands denial of Trondo Humphrey’s petition for post-conviction relief after the court found Humphrey’s counsel was ineffective for not objecting to the use of statement for impeachment only. Also finds that Humphrey’s appeal was not barred by laches.

Indiana Court of Appeals
Ricky E. Arion v. State of Indiana
08A02-1508-CR-1278
Criminal. Dismisses burglary, sexual battery and criminal confinement charges against Ricky Arion. COA rules the fact that the trial court never received a return of the arrest warrant did not absolve the trial court of following Arion’s motion for a speedy trial.

Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of N.C. (Minor Child) and A.C. (Father) v. The Indiana Department of Child Services
49A02-1510-JT-1711
Juvenile. Affirms termination of father’s parental rights after COA found the Americans with Disabilities Act cannot be used as a defense and the father waived his right to appeal on these grounds by not bringing up the issue at the trial court level.

Indiana Court of Appeals
Town of Cedar Lake v. Review Board of the Indiana Department of Workforce Development, and Nicole Hoekstra (mem. dec.)
93A02-1512-EX-2165
Agency action. Affirms the Department of Workforce Development Review Board’s ruling that Nicole Hoekstra was fired without just cause.

Indiana Court of Appeals
Richard C. Gallops and Patricia A. Gallops v. Shambaugh Kast Beck & Williams, LLP
02A03-1509-CT-1401
Civil tort. Dismisses Richard and Patricia Gallopses’ appeal of orders preceding their agreed judgment with Shambaugh Kast Beck & Williams on their legal malpractice suit because agreed judgments are not appealable.

Indiana Supreme Court
Thomas L. Hale v. State of Indiana
35S02-1601-CR-37
Criminal. Reverses conviction of dealing in methamphetamine, holding that the trial court abused its discretion by failing to grant Hale depositions of two state witnesses at public expense. Advises trial courts denying an indigent defendant’s motion to depose state witnesses at public expense should issue findings supporting the denial.

Indiana Court of Appeals
Northeastern Rural Electric Membership Corporation v. Wabash Valley Power Association, Inc.
49A02-1508-PL-1312
Civil plenary. Affirms summary judgment for Wabash Valley Power Association after Northeastern Rural Electric Membership Corp. challenged Wabash’s statute of limitations defense. Finds that the breach of contract would have happened in 2004, when Wabash switched regulations from state to federal and not 2008, when Wabash’s rates began to increase.

Indiana Court of Appeals
Gregory Schafer v. Kathryne Borchert d/b/a Southlake Realty.
56A04-1507-CP-977
Civil plenary. Affirms judgment for Kathryne Borchert after Gregory Schafer appealed the judgment on Schafer’s claims that a tax sale notice was sent to him one day late when Borchert filed for a quiet title. Schafer had filed on cross-appeal to have the tax deeds set aside. The Court of Appeals found the trial court misinterpreted Trial Rule 6(A), counting the number of days between the notice and sale incorrectly.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday.

Matthew D. Claussen, et al. v. Michael R. Pence, Governor of the State of Indiana, et al.
16-1003
United States District Court for the Northern District of Indiana, Hammond Division, Philip P. Simon, chief judge.
Civil. Affirms Indiana Code 3-5-9-5, which states that a government employee may not also hold an elected position in the municipality they work in, does not violate the First Amendment or the Equal Protection Clause of the 14th Amendment. The 7th Circuit held that the interest Indiana has in avoiding corruption or the appearance of corruption outweighs any First Amendment violations the plaintiffs’ may suffer by not being able to serve in elected office.
 

Indiana Court of Appeals
Timothy A. Williamson v. U.S. Bank National Association
49A05-1506-MF-521
Mortgage foreclosure. Affirms summary judgment for U.S. Bank after the court found a mistake in making the deed for the property didn’t mean Timothy Williamson did not own the property at the time of a modification agreement. Williamson’s name was not on the deed after it was accidentally included in the sheriff’s sale and sold to the bank but the bank rectified the issue.

Indiana Court of Appeals
Edwin Guzman v. State of Indiana (mem. dec.)
20A05-1509-CR-1548
Criminal. Affirms denial of Edwin Guzman’s motion to correct error following his conviction as a habitual traffic offender, a Level 6 felony.

7th Circuit Court of Appeals
Anastazia Schmid v. Steven McCauley, superintendent, Indiana Women’s Prison
14-2974
United States District Court for the Southern District of Indiana, Indianapolis Division, William T. Lawrence, judge.
Civil. Rules mentally ill woman appealing her murder conviction and sentence should have had an attorney appointed to her in District Court. Remands for court to appoint her one, as well as hold a possible evidentiary hearing.  

Indiana Court of Appeals
Otter Creek Trading Company Inc. and Daniel Pohle v. PCM Enviro PTY, LTD.
40A01-1509-MI-1432
Miscellaneous. Affirms $147,000 default judgment for PCM after COA found the trial court did not abuse its discretion when it ruled Otter Creek’s reply to the complaint was too short after PCM sued for breach of contract because Otter Creek did not send a smelter PCM paid for. Also finds it didn’t matter that PCM did not have a certificate of authority and was not a full business, Otter Creek still needed to fulfill its contractual obligations.