Opinions

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.

Court of Appeals of Indiana
Jennifer L. Tutt v. Evansville Police Department
22A-MI-1723
Miscellaneous. Reverses the entry of summary judgment for the Evansville Police Department on Jennifer L. Tutt’s complaint alleging the department violated the Indiana Access to Public Records Act. Finds Title 9 of Indiana Code allows a fee to inspect an accident report, but it does not authorize a fee to inspect the report. Remands for the Vanderburgh Superior Court to enter summary judgment for Tutt.

Court of Appeals of Indiana
James D. Smiley v. State of Indiana (mem. dec.)
22A-CR-2269
Criminal. Affirms James Smiley’s advisory sentence of three years for Level 5 felony possession of methamphetamine. Finds the Parke Circuit Court did not err in considering mitigators.

Court of Appeals of Indiana
Timothy Marcus Mayberry v. Indiana Department of Corrections, et al. (mem. dec.)
22A-CT-2482
Civil tort. Affirms and reverses in part the denial of Timothy Marcus Mayberry’s complaint against the Indiana Department of Correction and four unnamed prison officials/employees, and the denial as moot of his motion for appointment of counsel. Finds the Sullivan Circuit Court erred in dismissing Mayberry’s tort claim against DOC. Also finds the trial court did not err in dismissing Mayberry’s claims against the unnamed DOC employees in their individual capacities. Finally, finds the trial court must consider Mayberry’s motion for appointment of counsel on remand.

Court of Appeals of Indiana
R.M. v. Indiana Department of Child Services
22A-XP-1661
Expungement petition. Affirms the denial of R.M.’s motion to correct error, filed after the Sullivan Circuit Court denied her petition to expunge the child in need of services and Department of Child Services records concerning her 2013 involvement with DCS. Finds the trial court did not abuse its discretion because R.M. did not show that the records had insufficient current probative value to justify their retention by DCS for future reference.

Court of Appeals of Indiana
Darleana Johnson v. Housing Authority of South Bend
22A-EV-1751
Eviction. Reverses the order evicting Darleana Johnson. Finds the ejectment statute does not apply to the instant matter. Also finds Johnson was deprived of her constitutional right to due process. Remands for further proceedings.

Court of Appeals of Indiana
Penny Chappey and Gregory Chappey v. Joseph Paul Storey and Complete Auto & Tire, LLC
22A-CT-979
Civil tort. Reverses summary judgment for the defendants on Penny Chappey’s negligence complaint. Finds the Carroll Circuit Court judge was biased. Also finds there is a genuine issue of material fact that precludes the entry of summary judgment. Remands with instructions that the plaintiffs are entitled to a new judge.

Court of Appeals of Indiana
Tyson Eminger v. State of Indiana
22A-CR-1077
Criminal. Reverses the Noble Superior Court’s order granting the state’s motion for relief from judgment under Trial Rule 60(B)(8). Finds the trial court erred. Remands with instructions.

Court of Appeals of Indiana
Richard D. Talbott v. State of Indiana
21A-CR-2625
Criminal. Affirms Richard Talbott’s convictions of Level 3 felony criminal confinement, Level 3 felony aggravated battery, Level 6 felony strangulation and Class A misdemeanor domestic battery. Finds the Jefferson Circuit Court did not err in denying Talbott’s motion for discharge under Criminal Rule 4(B). Also finds Talbott’s right to a speedy trial was not violated. Finally, finds the criminal information alleging Talbott committed criminal confinement adequately informed him of the charge, and the state presented sufficient evidence.

Court of Appeals of Indiana
Chad A. Keister v. State of Indiana
22A-CR-1531
Criminal. Reverses in part Chad Keister’s conviction of two counts of child molesting, one as a Class C felony and one as a Level 4 felony. Finds the Warrick Circuit Court gave a jury instruction that was not supported by the evidence, which prejudiced Keister’s substantial rights. Remands with instructions to vacate Keister’s conviction of Count II and issue a new sentencing order on Count I only.

Court of Appeals of Indiana
Toni Knowles v. State of Indiana
22A-CR-2133
Criminal. Reverses the Noble Circuit Court’s declaration that the 28 days Toni Knowles had spent in jail would not be attributable to her seven-year sentence but instead would be counted as day spent in contempt of court. Finds the trial court’s finding of contempt is not sustainable under a theory of direct or indirect contempt. Remands with instructions to award Knowles 28 days along with good-time credit to which she may be entitled for those day as credit toward her seven-year sentence.

Court of Appeals of Indiana
Trevor Kentrell Bowie v. State of Indiana
22A-CR-1149
Criminal. Affirms Trevor Bowie’s convictions of Level 1 felony attempted murder, Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 6 felony resisting law enforcement, Level 6 felony theft of a firearm, Class A misdemeanor possession of marijuana and Class B misdemeanor disobeying a declaration of a disaster emergency, and the jury’s verdicts that he is a habitual offender and was eligible for a firearm enhancement. Finds Bowie knowingly, intelligently and voluntarily waived his right to counsel. Also finds Bowie has failed to establish that the defective attempted murder charge merits reversal.