Opinions

Court of Appeals of Indiana
Richard Bojko, Patricia Gadzala, Katie Greenberg, Vernita Johnson-Macklin, Kurt Claussen, and Rachel Richardson v. Anonymous Physician and Anonymous Medical Practice, and Amy Beard, Commissioner of the Indiana Department of Insurance and G. Anthony Bertig, as Chairman of the Medical Review Panels
23A-CT-185
Civil tort. Affirms the Lake Superior Court’s grant of the petition filed by an anonymous physician and an anonymous medical practice asking the court to order plaintiffs Richard Bojko, Patricia Gadzala, Katie Greenberg, Vernita Johnson-Macklin, Kurt Claussen and Rachel Richardson to remove non-evidentiary allegations from their submissions to a medical review panel. Finds the trial court had subject-matter jurisdiction to grant the petition.

Court of Appeals of Indiana
Jason Walden v. State of Indiana
22A-CR-2363
Criminal. Affirms Jason Walden’s convictions of three counts of Level 1 felony child molesting and two counts of Level 4 felony child molesting but reverses his aggregate 102-year sentence. Finds the Clinton Circuit Court did not abuse its discretion when it replayed the victim’s entire testimony in response to a jury question. Also finds the trial court’s consideration of Walden’s prior acquittals was improper. Remands for resentencing. Judge Cale Bradford concurs in part and dissents in part with separate opinion.

Court of Appeals of Indiana
Mallory Stout v. Tanner Knotts
22A-PL-1216
Civil plenary. Reverses the Putnam Circuit Court’s denial of Mallory Stout’s motion to correct error. Finds the trial court erroneously denied Stout’s motion to correct error and failed to recuse. Remands for further proceedings, including the assignment of a new judge.

Court of Appeals of Indiana
Melinda Crowe v. Chris Allen Drenter
22A-CT-2815
Civil tort. Reverses the Jefferson Circuit Court’s preliminary injunction ordering that Melinda Crowe not use an easement to access the property where she resides. Finds Chris Drenter has not met his burden of showing a reasonable likelihood of success at trial as to the allegations in his complaint for trespass. Also finds that Crowe may not unreasonably interfere with Drenter’s use of the easement.

Court of Appeals of Indiana
Angela Santos v. Franciscan Health
22A-EX-2611
Agency action. Reverses the dismissal of Angela Santos’ application for adjustment of claim. Finds the full Worker’s Compensation Board of Indiana erred when it dismissed Santos’ claim. Remands for further proceedings.

Court of Appeals of Indiana

Patrick Hinton v. State of Indiana
23A-CR-107
Criminal. Reverses Patrick Hinton’s convictions for Level 6 possession of methamphetamine and Class C possession of paraphernalia in the Cass Superior Court. Finds nothing in the record demonstrates probable cause that an officer had plainly viewed evidence of a crime prior to his entry onto Hinton’s property.

Court of Appeals of Indiana
Bryan Priest v. State of Indiana
22A-MI-2845
Miscellaneous. Affirms judgment by the Hendricks Superior Court finding Bryan Priest guilty of operating a commercial vehicle with an alcohol concentration equivalent of 0.04 but less than 0.08. Finds evidence admitted at Priest’s bench trial did not constitute hearsay and complied with the Indiana Administrative Code.

Indiana Supreme Court
Hoosier Contractors, LLC v. Sean Gardner
22S-CT-381
Civil tort. Reverses the denial of Hoosier Contractors LLC’s motion for summary judgment but affirms the denial of Sean Gardner’s motion for partial summary judgment. Finds Gardner did not prove he sustained any injury that would afford him standing to pursue his counterclaim against Hoosier Contractors. Remands with instructions to dismiss the counterclaim for lack of standing. Justice Christopher Goff concurs in the judgment with separate opinion, joined by Chief Justice Loretta Rush.

Court of Appeals of Indiana
U.S. Bank National Association as Trustee for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1998-7 v. Mary Sue Spencer and Phillip L. Spencer
22A-MF-2184
Mortgage foreclosure. Reverses the Martin Circuit Court’s denial of U.S. Bank’s motion for summary judgment in a foreclosure action against Mary and Phillip Spencer. Finds the trial court erroneously denied U.S. Bank’s motion for summary judgment. Remands with instructions to vacate the judgment, enter partial summary judgment in favor of U.S. Bank and conduct further proceedings consistent with the opinion.

Court of Appeals of Indiana

Billy Gene Luke v. State of Indiana
23A-CR-50
Criminal. Affirms the Dearborn Circuit Court’s order prohibiting Billy Luke from proceeding pro se. Finds the trial court’s conclusion is supported by the record.

Court of Appeals of Indiana
Bret S. Booher v. Atlas Services, Inc. (mem. dec.)
22A-CC-2301
Civil collections. Affirms the Grant Superior Court’s judgment in favor of Atlas Services for $5,124. Finds Bret Booher’s wife had apparent authority to authorize work on a rental property that was titled only in Bret’s name.

Court of Appeals of Indiana
Heidi Marie Littlefield v. State of Indiana
22A-CR-2895
Criminal. Affirms Heidi Littlefield’s convictions of murder, Level 1 felony conspiracy to commit murder and Level 2 felony conspiracy to commit murder, as well as her 115-year aggregate sentence. Finds the evidence was sufficient to support Littlefield’s murder conviction. Also finds there is no double jeopardy violation as to Littlefield’s convictions for both murder and conspiracy to commit murder. Finally, find Littlefield’s sentence is not inappropriate in light of the nature of the offenses or her character.

Court of Appeals of Indiana
Piccadilly Management as Managing Agent for Piccadilly Properties II, LLC DBA Roland Manor v. Shenita Abney
22A-SC-01904
Small claims. Reverses the denial of Piccadilly Management’s request for post-judgment interest on an award of attorney fees. Finds Indiana Code § 24-4.6-1-101 indicates Piccadilly is entitled to post-judgment interest on attorney fees. Remands for the court to calculate the post-judgment interest due on the attorney fees and enter a new judgment and garnishment order.

Court of Appeals of Indiana
Brandi S. Bare v. State of Indiana (mem. dec.)
22A-CR-2879
Criminal. Affirms Brandi Bare’s convictions of operating a vehicle while intoxicated causing death and reckless homicide, and her 57-year aggregate sentence. Finds Bare waived her ability to directly appeal her convictions following a guilty plea. Also finds Bare has not met her burden to establish that her sentence is inappropriate.

Court of Appeals of Indiana
Jatinder K. Kansal, M.D., P.C. v. Taylor Krieter
22A-CT-2646
Civil tort. Affirms the Lake Superior Court’s denial of Dr. Jatinder Kansal’s motion to dismiss Taylor Krieter’s complaint alleging battery and intentional infliction of emotional distress. Finds that assuming sexual misconduct occurred as Krieter alleged, it was wholly unrelated to the provision of medical care, so she is not claiming medical malpractice, the Medical Malpractice Act doesn’t apply and the trial court has subject-matter jurisdiction.

Court of Appeals of Indiana
John Simpson and Monroe LLC v. Brown County Board of Commissioners; Chuck Braden, in his official capacity; Diana Biddle, in her official capacity; and Jerry Pittman, in his official capacity
22A-PL-3102
Civil plenary. Affirms the Bartholomew Circuit Court’s dismissal of John Simpson and Monroe LLC’s complaint against the Brown County Board of Commissioners and its members. Finds that Simpson’s claim sounding in tort is barred as a matter of law. Also finds the trial court did not err when it dismissed Simpson’s complaint pursuant to Indiana Trial Rule 12(B)(6).

Court of Appeals of Indiana
Red Lobster Restaurants LLC, and Progressive Flooring Services, Inc., and Dwayne Featheroff v. Abigail Fricke
22A-CT-2221
Civil tort. Affirms the Marion Superior Court’s denial of Red Lobster Restaurants LLC’s motion for summary judgment in a personal injury action filed against it by Abigail Fricke.  Finds the trial court did not abuse its discretion when it denied Red Lobster’s motion to strike Fricke’s affidavit. Also finds the trial court did not err when it denied Red Lobster’s motion for summary judgment because Fricke had standing to bring suit in her own name, and a genuine issue of material fact exists regarding whether Fricke intentionally concealed her personal injury lawsuit from the bankruptcy court.

Court of Appeals of Indiana

In the Matter of the Adoption of G.J., Minor Child, D.A. v. D.J. (mem. dec.)
22A-AD-2828
Adoption. Affirms LaGrange Circuit Court’s ruling that that the consent of D.J., father of G.J., was required for the adoption of the child by D.A., the child’s stepfather. Finds D.A. has not overcome the presumption that a trial court’s ruling in an adoption case is correct. Also, finds evidence in the record supporting the trial court’s conclusion.

Edwin Joseph Rigaud v. State of Indiana (mem. dec.)
22A-CR-2545
Criminal. Affirms Edwin Rigaud’s conviction for misdemeanor reckless driving. Finds the evidence presented of Riguad driving past a stationary school bus with an extended stop arm was sufficient to support the conviction. Judge Elizabeth Tavitas concurs in result without opinion.

Rene Martinez v. Kilolo Kijakazi, Acting Commissioner of Social Security
22-1820
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Robert Miller.
Civil. Vacates the district court’s denial of Rene Martinez’s application for supplemental security income. Finds the administrative law judge’s decision is not supported by substantial evidence. Remands for further consideration.