Steven D. Lemons v. State of Indiana (mem. dec.)
22A-CR-01994
Criminal. Affirms Steven Lemons’ conviction for Level 6 felony attempted residential entry. Finds the state presented sufficient evidence to support the conviction.
WEOC, Inc. d/b/a Wings, Etc. and Romo, LLC, d/b/a El Cantarito v. Leah Niebauer, as Special Representative of the Estate of Nathan Blount, Deceased
22A-CT-1869
Civil tort. Affirms the denial of Wings Etc. and El Cantarito’s motion to dismiss Count 3 of the wrongful death suit brought by Leah Niebauer, special representative of the Estate of Nathan Blount. Finds the estate’s claim for negligent furnishing of alcoholic beverage does state a claim upon which relief can be granted.
Court of Appeals of Indiana
United Farm Family Mutual Insurance Company v. Hudson Insurance Company
22A-PL-00544
Civil plenary. Reverses summary judgment in insurance claim case. Finds the Marion Superior Court erroneously granted summary judgment in favor of Hudson Insurance Company. Remands for further proceedings to assess the amount of “statutory interest and all legal fees and costs incurred in pursuing collection until the award is paid.”
A Shelbyville man who hid from police in an attic and pulled his arm away during an attempted arrest was properly found guilty of resisting law enforcement, the Court of Appeals of Indiana ruled in affirming a trial court’s decision.
The 7th Circuit Court of Appeals affirmed a robbery, drug and gun-related conviction, ruling there had been sufficient evidence provided at the district court.
Court of Appeals of Indiana
Gregory Wireman v. LaPorte Hospital Co., LLC
22A-CT-2639
Civil tort. Affirms summary judgment in favor of the LaPorte Hospital. Finds the LaPorte Circuit Court did not err by concluding that the doctrine of res ipsa loquitur does not apply to Gregory Wireman’s claims.
7th Circuit Court of Appeals
Kristie A. Alley v. Penguin Random House
21-3158
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Affirms the grant of summary judgment to Penguin Random House on Kristie Alley’s retaliation claim, and the earlier dismissal of her breach of contract claim. Finds a reasonable juror could not find that Alley’s demotion was due to her engagement in a protected activity. Also finds Penguin’s employee Code of Conduct did not convert Alley’s at will employment into a contractual relationship. Judge Candace Jackson-Akiwumi dissents with separate opinion.
Court of Appeals of Indiana
Indiana Office of Utility Consumer Counselor, Duke Industrial Group, and Citizens Action Coalition of Indiana, Inc. v. Duke Energy Indiana, LLC, and Indiana Utility Regulatory Commission
22A-EX-1685
Agency action. Affirms the Indiana Utility Regulatory Commission’s grant of Duke Energy Indiana LLC’s petition for approval of a six-year plan for transmission, distribution and storage system improvements pursuant to Indiana Code § 8-1-39-10(a). Finds the IURC neither misapplied the challenged section of the TDSIC statute nor failed to make necessary factual findings.
Court of Appeals of Indiana
In re the Paternity of C.R. Korey B. Ricciardi v. Christina Feiock (mem. dec.)
22A-JP-2255
Juvenile paternity. Reverses the Johnson Circuit Court’s order finding father Korey B. Ricciardi in contempt and any associated sanctions, including those related to makeup visits and that Ricciardi pay $1,500 to mother Christina Feiock’s attorney. Finds Ricciardi’s conclusion that Feiock was not entitled to midweek parenting time was not unreasonable. Also finds Ricciardi did not willfully disobey the court’s order. Finally, finds Ricciardi has demonstrated prima facie error.
Court of Appeals of Indiana
David Kelly v. Paul Goldberg and The Crown Hill Cemetery d/b/a Crown Hill Cemetery (mem. dec.)
22A-CT-2266
Civil tort. Reserves the Marion Superior Court’s order granting Paul Goldberg’s Verified Motion to Set Aside Default Judgment. Finds the trial court abused its discretion in granting Goldberg relief under Trial Rule 60(B). Remands with instructions to reinstate default judgment in favor of David Kelly.
Court of Appeals of Indiana
Raylu Enterprises, Inc. v. City of Noblesville, Indiana
22A-PL-2243
Civil plenary. Affirms the Hamilton Superior Court decision to grant the city of Noblesville’s motion to strike an inverse-condemnation claim made by Raylu Enterprises Inc. against the city. Finds the trial court did not abuse its discretion in striking Raylu’s inverse-condemnation counterclaim.
Court of Appeals of Indiana
Darin M. Haberkorn v. State of Indiana
22A-CR-2150
Criminal. Affirms Darin Haberkorn’s conviction of Class B misdemeanor harassment. Finds sufficient evidence supports Haberkorn’s harassment conviction. Also finds the Allen Superior Court did not commit fundamental error in instructing the jury.
Court of Appeals of Indiana
Matthew Joseph Frazier, Jr. v. State of Indiana (mem. dec.)
22A-CR-686
Criminal. Affirms Matthew Frazier’s conviction of attempted residential entry. Finds the state presented sufficient evidence in the Marion Superior Court to support Frazier’s conviction.
Court of Appeals of Indiana
Posterity Scholar House, LP v. FCCI Insurance Company
21A-PL-2731
Civil plenary. Affirms the Allen Superior Court’s grant of FCCI Insurance Company’s motion for partial summary judgment as to Posterity Scholar House’s tortious bad faith claim. Finds the relationship between a surety and its bond obligee does not reflect the “special relationship” on which the Indiana Supreme Court relied in Erie Ins. Co. v. Hickman, 622 N.E.2d 515 (Ind. 1993). Dismisses Posterity’s appeal of the trial court’s denial of its motion for partial summary judgment as to its breach of contract claim. Finds the Court of Appeals lacks jurisdiction over the breach of contract appeal.
Indiana Supreme Court
Charlie D. Leshore, Jr. v. State of Indiana
23S-CR-51
Criminal. Grants transfer and reverses the denial of Charlie Leshore’s post-conviction petition for permission to file a belated notice of appeal. Finds Leshore was not at fault in failing to file a timely notice of appeal. Also finds Leshore was diligent in pursuing his belated notice of appeal. Remands with instructions to let Leshore’s appeal proceed. Justice Christopher Goff dissents with separate opinion, joined by Justice Geoffrey Slaughter.
Court of Appeals of Indiana
Benjamin Michael Veach v. State of Indiana
22A-CR-1431
Criminal. Affirms Benjamin Veach’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the state proved the offense beyond a reasonable doubt. Also finds the Huntington Superior Court did not err in denying Veach’s motion for judgment on the evidence. Finally, finds the trial court did not abuse its discretion in instructing the jury.
Court of Appeals of Indiana
Jennifer Lynn Goetz v. James Lawrence Franklin Goetz (mem. dec.)
22A-DC-1135
Domestic relations with children. Affirms the Hendricks Superior Court’s decree of dissolution of marriage, child custody, parenting time and child support order and order dividing the marital estate of Jennifer and James Goetz. Finds the trial court did not abuse its discretion by excluding the military pension from the martial pot, allocating marital assets or awarding parenting time.
Court of Appeals of Indiana
Timothy Stark v. State of Indiana
21A-PL-805
Civil plenary. Affirms the Marion Superior Court’s judgment against Timothy Stark in an action brought by the state of Indiana against Wildlife in Need and Wildlife in Deed Inc. Finds the trial court’s conclusion that Stark is personally liable for funds and assets misappropriated from WIN is not clearly erroneous.
Court of Appeals of Indiana
April L. Chauncy v. State of Indiana
22A-CR-907
Criminal. Affirms the Shelby Superior Court’s denial of April Chauncy’s motion to suppress evidence found during an automobile she was a passenger in. Finds the trial court did not err in determining the police had reasonable suspicion to stop the vehicle.
Court of Appeals of Indiana
Indiana Office of Utility Consumer Counselor, et al. v. Duke Energy Indiana, LLC, and Indiana Utility Regulatory Commission
21A-EX-2702
Agency action. Reverses the Indiana Utility Regulatory Commission’s order concluding that Duke Energy Indiana LLC’s coal-ash-related compliance costs were recoverable under the Federal Mandate Statute. Finds that in so far as the commission granted Duke’s recovery of costs incurred before the date of the commission’s order, the commission failed to follow the prospective strictures of the statute.