Court of Appeals of Indiana
Christopher Meadows v. State of Indiana (mem. dec.)
23A-CR-974
Criminal. Affirms Christopher Meadows’ conviction for Class A operating a vehicle while intoxicated. Finds the Decatur Superior Court did not abuse its discretion in admitting evidence garnered from a search warrant affidavit that was not submitted in reckless disregard for the truth.
7th Circuit Court of Appeals
Thomas A. Russell, M.D., et.al. v. Zimmer, Inc.
22-2529
Appeal from the United States District Court for the Northern District of Indiana. Senior Judge Theresa L. Springmann.
Civil. Affirms the dismissal of Thomas Russell and other plaintiffs’ breach claim against Zimmer Inc., finding the plaintiffs had failed to state a viable claim for relief. Finds the complaint did not state a plausible claim that Zimmer failed to use commercially reasonable efforts to sell the earnout products. Also finds the district court did not abuse its discretion in denying the motion to amend the complaint a second time.
Court of Appeals of Indiana
Autumn B. Stahl v. State of Indiana
23A-CR-143
Criminal. Affirms Autumn Stahl’s conviction as guilty but mentally ill of Level 3 felony attempted aggravated battery, Level 5 felony battery with a deadly weapon, Level 6 felony neglect of a dependent and Level 6 felony domestic battery. Finds that based on the evidence presented at trial, it was possible for a jury to have made a reasonable inference that Stahl was mentally ill but still able to understand the wrongfulness of her conduct. Also finds there is sufficient evidence to support the Level 3 and Level 5 felony convictions.
Court of Appeals of Indiana
Charles Force v. New China Hy Buffet LLC
22A-CT-2759
Civil tort. Reverses the St. Joseph Superior Court’s grant of summary judgment in favor of New China Hy Buffet. Finds Charles Force’s designated evidence establishes a genuine dispute of material fact on the question of causation. Remands for further proceedings.
Court of Appeals of Indiana
Meleeka Clary-Ghosh, et al. v. Michael Ghosh (mem. dec.)
22A-PL-1411
Civil plenary. Affirms in part a trial court’s judgment in favor of Michael Ghosh. Reverses the trial court’s order that Meleeka Clary-Ghosh and another party pay Ghosh $31,000 in attorney fees. Finds the Hamilton Superior Court properly denied a joint motion to dismiss, and there was sufficient evidence to support the trial court’s denial. Also finds no error in the substance or the form of the trial court’s award of punitive damages; no error in a denial of a motion for change of venue; and no error in the trial court’s denial of a motion for summary judgment. Finally, the UFTA does not authorize the award of attorney fees.
Court of Appeals of Indiana
Kennisha J. Jackson v. State of Indiana (mem. dec.)
22A-CR-2305
Criminal. Affirms Kennisha Jackson’s conviction in Allen Superior Court of murder. Finds no abuse of the trial court’s discretion in either its handling of the evidence at Jackson’s trial or its denial of her motions for mistrial.
Court of Appeals of Indiana
In the Matter of the Civil Commitment of: M.T. v. Community Health Network
23A-MH-341
Mental health. Affirms M.T.’s temporary commitment. Finds the appeal is not moot because M.T. may face negative collateral consequences with respect to future involuntary civil commitment proceedings if the instant commitment order were invalid and left undisturbed. Also finds Community Health Network presented sufficient evidence to support M.T.’s temporary commitment.
Court of Appeals of Indiana
Ajay Kumar v. State of Indiana (mem. dec.)
22A-CR-2848
Criminal. Affirms the denial of Ajay Kumar’s motion to withdraw his guilty plea to two counts of Level 6 felony sexual battery, and the denial of his motion to alter the terms of his probation. Finds the Marion Superior Court did not abuse its discretion in denying Kumar’s motion to withdraw his guilty plea because Kumar failed to observe a statutory requirement for a verified request. Also finds the trial court did not abuse its discretion in refusing Kumar’s request to be allowed to have unapproved trips out of the state. Finally, finds the prohibition on Kumar having contact with children under 16 years old is reasonable.
7th Circuit Court of Appeals
Marcus Conner v. Dennis Reagle, Warden
22-1780
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Prisoner. Affirms the dismissal of Marcus Conner’s habeas petition. Finds the district court did not abuse its discretion in declining to equitably toll the limitations period governing Conner’s section 2254 petition.
Court of Appeals of Indiana
Joshua N. Pennington v. State of Indiana (mem. dec.)
23A-CR-374
Criminal. Affirms the denial of Joshua Pennington’s petition to file a belated appeal on his sentence of 14 years in the Indiana Department of Correction for sexual misconduct with a minor, a Level 4 felony, and possession of child pornography, a Level 6 felony. Finds the Tippecanoe Superior Court was correct to deny the petition without a hearing. Also finds Pennington is not eligible to appeal his sentence, due to a waiver provision in his plea agreement that plainly stated he was giving up the right to appeal his sentence.
Court of Appeals of Indiana
R.G. v. J.S. (mem. dec.)
22A-PO-2546
Protection order. Dismisses R.G.’s appeal because it is unable to address his arguments concerning Hendricks Superior Court’s orders denying his motions for relief from judgment and dismissing his combined motion to enforce settlement agreement and motion for breach of contract. Finds he waived the issues he attempted to raise because he failed to comply with the Rules of Appellate Procedure.
Court of Appeals of Indiana
Connie Ehrlich, et al. v. Moss Creek Solar, LLC, and the Pulaski County Council
22A-PL-1732
Civil plenary. Affirms the Pulaski Superior Court’s order confirming a resolution by the Pulaski County Council that created an Economic Revitalization Area and approved a tax abatement for a proposed commercial solar development by Moss Creek Solar. Finds the remonstrators have standing, but their argument under the applicable statute fails.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
A.B. and D.B., individually and as parents of C.B., a disabled minor v. Brownsburg Community School Corporation
22-1277
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Reverses the district court’s denial of attorney fees to A.B. and D.B. Finds A.B. and D.B. were the prevailing party in an administrative proceeding. Also finds attorney fees could be awarded. Remands for further consideration.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Karen R. Hirlston v. Costco Wholesale Corporation
22-2067
Civil. Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Affirms the district court’s judgment and the jury’s finding. Finds the district court did not abuse its discretion in allowing both plaintiff and defendant to introduce a few photographs of the workplace that had not been disclosed in discovery and sees no risk of unfair prejudice. Also finds Karen Hirlston forfeited her appellate challenge to the jury instruction by failing to make a timely objection.
Court of Appeals of Indiana
Santana J. Gray v. State of Indiana (mem. dec.)
22A-PC-1992
Post-conviction relief. Affirms the Marion Superior Court’s denial of Santana Gray’s post-conviction relief petition. Finds no error.
Court of Appeals of Indiana
On the Level Fence & Deck Inc. v. Indiana Bell Telephone Company d/b/a AT&T Indiana
22A-CT-3073
Civil tort. Reverses the denial of the motion for default judgment and remands the matter to the Lake Superior Court for further proceedings. Finds that On the Level Fence & Deck’s failure to answer the complaint was the result of excusable neglect. Judge Peter Foley dissents with a separate opinion.
Court of Appeals of Indiana
Tarah L. Weaver v. Samuel B. Weaver (mem. dec.)
22A-DC-2111
Domestic relations with children. Affirms the Kosciusko Superior Court’s order for Tarah Weaver to pay Samuel Weaver $2,250 in attorney fees, finding that Tarah had filed several untimely and defective motions. Finds no abuse of discretion by the trial court.
Tuesday opinions
Court of Appeals of Indiana
James K. McConnell v. Martha A. Doan; Marilyn S. Hall; David Fee; Jerome Henry, Jr.; Thomas B. Walsh; Tim Miller; and Nicolas Ciocca
23A-CT-145
Civil tort. Affirms a settlement agreement and appointment of a commercial court master. Finds the Allen Superior Court did not abuse its discretion in appointing a commercial court master pursuant to Commercial Court Rule 5 or Trial Rule 70. Also finds the settlement agreement does not contain an unenforceable “agreement to agree.”
Monday opinions
Court of Appeals of Indiana
James Andry v. Leo Thorbecke
22A-CT-2942
Civil tort. Reverses the trial court’s order granting Leo Thorbecke leave to file his untimely response and remands for further proceedings on the motion for summary judgment in which the trial court may not consider the late filings. Finds the trial court lacked authority to deviate from the bright-line rule requiring the timely filing of materials opposing summary judgment. Also finds Trial Rule 72(E) offers no relief to Thorbecke under the circumstances presented.
Friday opinions
Court of Appeals of Indiana
Jane C. Irby v. Michael A. Spear (mem. dec.)
22A-PL-2968
Civil plenary. Affirms the Clark Superior Court’s judgment that Jane Irby did not own certain property by adverse possession. Finds Irby did not meet her burden of proving the elements of adverse possession by clear and convincing evidence. Also finds the trial court was able to consider the recorded instruments, photographs and tax statements, as well as the parties’ thorough testimony, and the trial judge visited the site.