Opinions

Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of A.W. and G.S.: H.S. (Mother) v. The Indiana Department of Child Services
54A01-1604-JT-1090
Juvenile termination of parental rights. Reverses Montgomery Circuit Court’s order terminating H.S.’s rights to her children, A.W. and G.A.S. Finds that the trial court’s decision to terminate H.S.’s rights knowing she will be living with G.A.S. is incongruous with and antithetical to the finding that the conditions that resulted in the removal of A.W. and G.A.S. will not be remedied.

The following Indiana Tax Court opinion was posted after IL deadline Monday:
Indiana Department of State Revenue, Inheritance Tax Division v. The Estate of Orville J. Rauch
49T10-1207-TA-38
Tax. Affirms the Jasper Circuit Court’s order determining the inheritance liability of the Estate of Orville J. Rauch. Finds that Rauch had an in loco parentis relationship with Robert and Claudia Wandless

The following Indiana Tax Court opinion was posted after IL deadline Friday:
Monroe County Assessor v. SCP 2007-C-26-002, LLC a/k/a CVS 3195-02
49T10-1509-TA-29
Tax. Affirms Indiana Board of Tax Review’s finding that CVS’ appraisals of a Bloomington store location are more credible than the Monroe County Assessor’s assessments between 2009 and 2013. Holds that Tax Court rulings in previous similar cases were decided correctly.

Indiana Court of Appeals
Mickel Thacker v. State of Indiana
49A02-1510-CR-1563
Criminal. Affirms Mickel Thacker’s conviction of Level 6 felony auto theft and Class A misdemeanor resisting law enforcement. Finds that the evidence was sufficient to prove Thacker knowingly or intentionally exerted unauthorized control over a stolen vehicle and resisted law enforcement.

Indiana Court of Appeals
Momar, Inc. v. Watcon, Inc. (mem. dec.)
71A03-1603-PL-621
Civil plenary. Affirms St. Joseph Superior Court’s grant of a preliminary injunction enjoining Momar Inc. from aiding its employee, Michael Janowiak, in soliciting orders from customers of Watcon Inc., from accepting orders from Watcon customers whose business Momar had previously solicited with aid from Janowiak, and from using or divulging any of Watcon’s confidential information.

Indiana Court of Appeals
David McCollough v. Noblesville Schools and Jeff Bryant
29A02-1512-CT-2181
Civil tort. Affirms on interlocutory appeal the denial of summary judgment to Noblesville Schools and Jeff Bryant on ex-basketball coach David McCollough’s defamation claim. Affirms summary judgment in favor of the defendants on McCollough’s other claims of intentional infliction of emotional distress, negligence, breach of contract, and tortious interference with a contract/business relationship.

7th Circuit Court of Appeals
United States of America v. Deandre Armour
15-2170
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms Deandre Armour’s conviction for aiding and abetting using or carrying and/or brandishing a firearm during and in relation to a crime of violence but vacates the sentence on that count and remands for resentencing. Affirms the district court’s decision to sentence Armour as a career offender.

Indiana Court of Appeals
Justin S. Johnson v. State of Indiana
28A05-1602-CR-309
Criminal. Reverses Greene Superior Court decision to revoke Justin Johnson’s home detention and instead sentence him to seven years in the Department of Corrections. Remands with instructions to place Johnson in on work release.

Indiana Court of Appeals
Jennifer R. Quinn v. Daniel P. Quinn
49A02-1509-DR-1321
Domestic relation. Affirms Marion Superior Court order awarding custody of Jennifer and Daniel Quinn’s son to Daniel Quinn. Finds that the trial court did not abuse its discretion in calculating child support. Finds that the trial court abused its discretion in distributing the Quinn’s property because it did not include the value of all of the assets in the marital pot. Remands with instructions to the trial court to redistribute the Quinn’s property without a hearing.

7th Circuit Court of Appeals
Chance T. Kelham v. CSX Transportation, Inc.
16-1544
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Andrew P. Rodovich.
Civil. Affirms jury finding in favor of CSX Transportation Inc. Finds that Chance Kelham’s back pain existed before his on-the-job fall.

Indiana Supreme Court
F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers
02S05-1603-CT-114
Civil tort. Reverses summary judgment in favor of Angela Martin on the negligence claim brought by Michalik’s estate. Affirms summary judgment in favor of Martin on the Dram Shop Act claim.

Indiana Supreme Court
In the Matter of: Terry Lee Smith
91S00-1603-DI-136
Disciplinary. Enters judgment in favor of Terry Lee Smith. Finds that the Indiana Supreme Court Disciplinary Commission failed to meet its burden of proving by clear and convincing evidence that Smith violated Indiana Professional Conduct Rule 8.4(d).

Indiana Supreme Court
Mary K. Patchett v. Ashley N. Lee
29S04-1610-CT-549
Civil tort. Finds on interlocutory appeal that the ruling in Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009), permitting defendants in a personal injury lawsuit to introduce discounted reimbursements negotiated between the plaintiff’s medical providers and his private health insurer, so long as insurance is not referenced, also applies to reimbursements by government payers.

Indiana Court of Appeals
State of Indiana v. Tyson Timbs and a 2012 Land Rover LR2
27A04-1511-MI-1976
Miscellaneous/civil forfeiture. Majority affirms trial court ruling that the forfeiture of Tyson Timbs’ 2012 Land Rover was a constitutionally excessive fine when the state sought to seize the vehicle after he was charged with two counts of Class B felony dealing in a controlled substance and one count of Class D felony conspiracy to commit theft.  Dissenting Judge Michael Barnes would reverse the trial court and grant the State’s forfeiture request.

Indiana Court of Appeals
State of Indiana v. Charles Summers
09A02-1604-MI-933
Miscellaneous. Reverses Cass Superior Court’s order granting Charles Summers’ petition to remove his name from the sex-offender registry. Finds that because Summers was under a tolling requirement in Illinois, there is no punitive burden to maintaining that requirement across state lines and that there is no ex post facto violation. Remands for further proceedings.

Indiana Court of Appeals
State of Indiana ex rel. Indiana Department of Transportation v. Joshua Dehaven and FBi Buildings, Inc.
37A05-1603-CC-648
Civil collection. Affirms denial of the State of Indiana, ex rel. Indiana Department of Transportation’s motion for summary judgment in lawsuit against Joshua DeHaven and FBi Buildings, Inc. INDOT is not entitled to recover, as a matter of law, the actual cost incurred to repair the bridge after DeHaven struck it with his trailer.

Indiana Court of Appeals
Charles J. Davis Sr. v. Jay Phelps, Bartholomew County Clerk
03A01-1604-PL-928
Civil plenary. Reverses Bartholomew Circuit Court’s order dismissing Charles J. Davis Sr.’s complaint for failure to make a timely payment of fees. Finds that Davis should have been given 45 days to make the payment, but was only given 30 days. Remands with instructions for Davis to re-send the filing fee of $17.18 within 45 days.

Indiana Court of Appeals
Kent R. Blair, Sr. v. State of Indiana
02A05-1604-CR-832
Criminal. Affirms Kent Blair’s convictions of invasion of privacy as a Level 6 felony and criminal trespass as a Class A misdemeanor, and his sentence to 1 ½ years executed in the Indiana Department of Correction. Finds the evidence is sufficient to sustain Blair’s convictions, that the Allen Superior Court did not abuse its discretion in sentencing him and that his sentence is not inappropriate in light of the nature of the offenses and his character.

Indiana Court of Appeals
Danny Sims v. Andrew Pappas and Melissa Pappas
45A03-1509-CT-1424
Civil tort. Majority reverses jury award of $2 million in favor of the Pappases in a lawsuit following a crash caused by Sims, an intoxicated driver. The trial court erred in admitting Sims’ prior decades-old convictions for alcohol-related offenses that neither proved nor disproved any facts that were central to the questions the jury decided, and were therefore irrelevant and unfairly prejudicial. Judge Robert Altice dissents, arguing admission of the evidence of past convictions was for the sole purpose of establishing punitive damages and bear on the reprehensibility of his actions and state of mind.  

7th Circuit Court of Appeals
James Blasius v. Angel Automotive, Inc.
15-2994
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Joseph S. Van Bokkelen.
Civil. Reverses district court decision to grant summary judgment in favor of Angel Automotive Inc. after James Blasius accused the company of negligence. Finds that a genuine issue of material fact exists as to the proximate cause of the fire that consumed Blasius’ vehicle and that Blasius is entitled to rely on the doctrine of res ipsa loquitur. Remands for further proceedings.