Court of Appeals of Indiana
Steven Anthony Thomas v. State of Indiana (mem. dec.)
22A-CR-637
Criminal. Affirms Steven Anthony Thomas’ conviction of Level 5 felony domestic battery. Finds the state’s evidence was sufficient to rebut Thomas’ self-defense claim.
7th Circuit Court of Appeals
United States of America v. Travis Gates
21-3314
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Criminal. Affirms Travis Gates’ four-year sentence for his conviction of being a felon in possession of a firearm. Finds Gates’ sentence was procedurally sound and substantively reasonable.
Court of Appeals of Indiana
Eric S. Cullum v. State of Indiana (mem. dec.)
22A-CR-210
Criminal. Affirms Eric Cullum’s convictions of two counts of Level 2 felony dealing in methamphetamine and his aggregate 28-year sentence, with 24 years executed and four years suspended to probation. Finds Cullum has waived review of the admission of evidence obtained from the search of his home. Also finds the Greene Circuit Court did not abuse its discretion by denying Cullum’s motion for continuance or by denying the defense motion for mistrial. Finally, finds Cullum has not demonstrated that his sentence was an abuse of discretion, inappropriate or disproportionate.
Court of Appeals of Indiana
Z.T. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
22A-EX-1360
Agency action. Affirms the Review Board of the Indiana Department of Workforce Development’s dismissal of Z.T.’s appeal of an administrative law judge’s denial of her unemployment claim on the basis that she left employment without good cause in connection with the work. Finds Z.T. filed her appeal with the review board well beyond 15 days following notification of the ALJ’s decision, so the board had no jurisdiction to review that decision and thus properly dismissed Z.T.’s untimely appeal.
Court of Appeals of Indiana
James Stephens v. The Honorable Peggy Ryan Hart, Magistrate
22A-MI-1301
Miscellaneous. Affirms the dismissal of James Stephens’ claims against Marion Superior Magistrate Judge Peggy Hart regarding his denial of petition for post-conviction relief. Finds the claims were subject to dismissal based on absolute judicial immunity. Also finds Stephens’ waived argument that the trial court magistrate judge lacked authority to dismiss his complaint is not well-taken. Finally, finds Stephens has waived any constitutional challenge to the statute granting magistrate judges the authority to enter final appealable orders.
Court of Appeals of Indiana
Shane E. Ehr v. State of Indiana (mem. dec.)
22A-CR-496
Criminal. Affirms Shane E. Ehr’s conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds the Jay Superior Court did not err when it denied Ehr’s motion to dismiss because lost photographs from the incident were not materially exculpatory. Also finds the photographs might have been potentially useful, but Ehr made no showing the state destroyed them in bad faith.
Court of Appeals of Indiana
Megan Perry and Jonathon Perry v. Indiana Department of Child Services and Linzy Derucki
22A-CT-605
Civil tort. Affirms and reserves in part the dismissal of Megan and Jonathon Perry’s amended complaint against the Indiana Department of Child Services and Linzy Derucki for failure to state a claim upon which relief could be granted. Finds the Perrys’ federal civil rights violation and state-law defamation claims against Derucki were properly dismissed. Also finds the Perrys’ state-law negligence and defamation claims against DCS were improperly dismissed. Remands for further proceedings.
Court of Appeals of Indiana
Gene DeVane and Gladys DeVane, Husband and Wife v. Arch Wood Protection, Inc., a Lonza Company, Osmose, Inc., n/k/a Koppers Performance Chemicals Inc., Chemical Specialties, Inc., n/k/a Venator Materials PLC
22A-CT-233
Civil tort. Affirms the dismissal with prejudice of Gene and Gladys DeVane’s complaint against Arch Wood Protection Inc., Koppers Performance Chemicals Inc. and Venator Materials PLC seeking the replacement of their decks. Finds the Monroe Circuit Court erred by dismissing the complaint based on the product-liability statute of repose because the DeVanes have alleged no past or existing physical harm. Also finds the DeVanes have not established that “equitable remediation” is a valid cause of action, nor have they identified any other statutory or common-law cause of action that might be viable here.
Court of Appeals of Indiana
Robert Deshon Coleman v. State of Indiana
21A-PC-1260
Post-conviction. Affirms the denial of Robert Coleman’s petition for post-conviction relief, in which he alleged that he had received ineffective assistance of trial and appellate counsel. Finds Coleman has failed to meet his burden of showing that the Clay Superior Court erred by denying relief. Remands to the post-conviction court to correct its typographical error.
Court of Appeals of Indiana
Z.D. v. Community Health Network, Inc.
22A-CT-644
Civil tort. Affirms and reverses in part the grant of summary judgment to Community Health Network Inc. on Z.D.’s complaint seeking damages for pecuniary losses, emotional distress and loss of privacy. Finds Z.D.’s complaint pleads a claim for invasion of privacy based on public disclosure of private facts, and a genuine issue of material fact exists regarding the tort’s publicity requirement. Also finds Z.D. may not recover emotional distress damages under a negligence theory. Finally, finds Z.D. is entitled to trial on her claims for pecuniary damages resulting from Community’s alleged negligence. Remands for further proceedings. Judge Nancy Vaidik concurs in result without separate opinion.
Court of Appeals of Indiana
A.R. v. State of Indiana
22A-JV-156
Juvenile. Affirms the Henry Circuit Court’s order that A.R. register pursuant to the Indiana Sex and Violent Offender Registration Act. Finds the juvenile court had jurisdiction to consider the issue and the determination was supported by clear and convincing evidence. Also finds A.R.’s constitutional claims are waived. Judge Patricia Riley dissents with separate opinion.
Court of Appeals of Indiana
Carla Tinsley-Williamson, as Guardian of Ethan M. Tinsley v. A.R. Mays Construction, Inc., American Multi-Cinema, Inc., and Largo Theater Construction, Inc.
21A-CT-2230
Civil tort. Affirms the Hendricks Superior Court’s entry of partial summary judgment for A.R. Mays Construction Inc. on Ethan Tinsley’s complaint alleging negligence. Finds A.R. Mays’ designated evidence affirmatively negates an element of Tinsley’s negligence claim, namely, whether A.R. Mays owed Tinsley a duty of care.
7th Circuit Court of Appeals
Estate of Eric Jack Logan v. City of South Bend, Indiana, and Ryan O’Neill
21-2922
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms the U.S. District Court of the Northern District of Indiana’s grant of summary judgment in favor of former South Bend officer Ryan O’Neill. Finds the record compels a decision for O’Neill.
Court of Appeals of Indiana
Jennifer R. Holmgren v. State of Indiana
21A-CR-2756
Criminal. Affirms and reverses in part Jennifer Holmgren’s sentence to an aggregate of 47 years in the Department of Correction, with five years suspended to probation, for her convictions of child molesting as a Level 1 felony, child molesting as a Level 4 felony and inappropriate communication with a child as a Class A misdemeanor. Finds the Tippecanoe Superior Court did not err by classifying Holmgren as a credit restricted felon. Also finds the trial court erred by sentencing Holmgren for Count II under Indiana Code § 35-50-2-4(c), violating her Sixth Amendment rights. Remands for resentencing on Count II.
Court of Appeals of Indiana
Jerry C. Coleman v. State of Indiana
21A-CR-2877
Criminal. Affirms Jerry C. Coleman’s convictions of resisting law enforcement and unlawful possession or use of a legend drug as level 6 felonies. Finds Sgt. Chad Dick’s order to stop wasn’t unlawful or that Coleman’s Fourth Amendment rights were violated. Concludes that evidence of probative value was presented from which a reasonable jury could find Coleman was guilty beyond a reasonable doubt of resisting law enforcement as a level 6 felony.
Court of Appeals of Indiana
Residential Warranty Services, Inc. and P. Nathan Thornberry v. L.M. Henderson and Company, LLP
22A-PL-408
Civil plenary. Affirms the grant of judgment on the pleadings to L.M. Henderson and Company LLP in a dispute with Residential Warranty Services and Nathan Thornberry. Finds it was unnecessary to convert the motion for judgment on the pleadings to a motion for summary judgment. Also finds the Hamilton Superior Court applied the correct statute of limitations.
Court of Appeals of Indiana
Jason Morehouse and Sarah Morehouse v. Dux North LLC
22A-PL-664
Civil plenary. Reverses summary judgment granted to Dux North on an easement of prior use over real property owned by Jason Morehouse and Sarah Morehouse. Also reverses the denial of the Morehouses’ motion for partial summary judgment on the alleged easement of necessity. Finds Dux North was required to designate evidence to show that an access road is absolutely necessary to access Parcel 3, which it did not do. Finds the designated evidence also does not show whether the access road either was or was not in use at the time that Parcel 3 was severed from the Morehouse property in April 1991. Remands for further proceedings.
Court of Appeals of Indiana
Indianapolis Power & Light Company (d/b/a AES Indiana) v. The Home Insurance Co., et al.
22A-PL-1211
Civil plenary. Affirms the order granting The Home Insurance Co.’s motion to dismiss AES Indiana’s request for a declaratory judgment seeking a declaration of its rights and its insurance carrier’s coverage obligation under an excess liability insurance policy. Finds the trial court properly dismissed AES Indiana’s complaint, according full faith and credit to an out-of-state liquidation order pursuant to Indiana Code §§ 27-9-4-3(c) and 27-9-3-12(b).
Court of Appeals of Indiana
Jay T. Cast v. State of Indiana (mem. dec.)
22A-CR-278
Criminal. Affirms Jay Cast’s 16-year sentence for conviction of Level 4 felony operating a vehicle while intoxicated and Level 5 felony causing serious bodily injury while operating a vehicle while intoxicated. Finds the Hamilton Superior Court did not abuse its discretion in the finding of mitigating and aggravating factors. Finds Cast’s sentence is not inappropriate in light of the nature of the offenses and his character.
Court of Appeals of Indiana
In Re: Petition to Docket Trust of Mary Ruth Moeder Susan Moeder v. Robert W. York, Temporary Successor Trustee of the Irrevocable Trust of Mary Ruth Moeder
21A-TR-2522
Trust. Affirms the Marion Superior Court’s imposition of attorney fees on Susan Moeder and a finding that her latest request for trust information violated an agreement between the parties that she refrain from such conduct. Finds the trial court did not erroneously limit Susan’s access to trust information. Also finds Susan’s arguments attacking the judgment are frivolous and reflect her continuing bad faith. Finally, finds Susan has offered no non-frivolous grounds for setting aside the attorney fees award. Remands for a determination of the trust’s appellate attorney fees to be paid by Susan.