Opinions

Indiana Court of Appeals
Fireman's Fund Insurance Company v. Matthew W. Ackerman and American Casualty Co.
82A01-1509-CT-1350
Civil tort. Reverses denial of the Fireman’s Fund’s motion for summary judgment regarding Ackerman’s claim for underinsured motorist coverage. Given Indiana Code 27-7-5-1.5(b), Fireman’s Fund was not required to provide UM/UIM coverage in the 2008 Evansville Marine policy. Fireman’s Fund was entitled to judgment as a matter of law and there were no genuine issues of material fact. Remands for further proceedings.

Indiana Court of Appeals
Noe Escamilla v. Shiel Sexton Company, Inc. (dissent on rehearing)
54A01-1506-CT-602
Civil tort. Denies Escamilla’s petition for rehearing. Judge Baker dissents with opinion, writing that knowledge of a party’s immigration status alone sheds no meaningful light on the question of whether that party will one day face deportation.

Indiana Supreme Court
Victor Roar v. State of Indiana
49S02-1607-CR-372
Criminal. Affirms Victor Roar’s Class A misdemeanor intimidation conviction. Grants transfer and incorporates by reference the portion of the Court of Appeals opinion on sufficiency of the evidence and affirms the trial court. Summarily affirms the COA opinion addressing the admission of other evidence.

Indiana Court of Appeals
Shawn M. Sobolewski v. State of Indiana (mem. dec.)
46A03-1511-CR-2011
Criminal. Affirms convictions of Class A felony aiding, inducing or causing burglary and Class B felony aiding, inducing or causing robbery.

Indiana Court of Appeals
Brad L. Sullivan v. State of Indiana
16A01-1512-CR-2175
Criminal. Reverses revocation of Sullivan’s community corrections placement. Based on the totality of the circumstances, including the nature of the violation – Sullivan’s commitment for mental health issues, and the sanction, an order he serve the sentence in the DOC – the trial court abused its discretion in finding his violation warranted revoking his community corrections placement. Remands for placement in community corrections.

Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of: K.B., Minor Child, and L.B., Father v. The Ind. Dept. of Child Services (mem. dec.)
54A05-1601-JT-55
Juvenile. Affirms involuntary termination of father’s parental rights.

Indiana Court of Appeals
James E. Rogers v. State of Indiana
49A02-1508-CR-1033
Criminal. Reverses the denial of Rogers’ motion to compel a woman who provided social services support to Rogers’ minor victim and her family to answer four questions during a deposition.

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.