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.
Court of Appeals of Indiana
S.D. v. G.D.
22A-PO-521
Protective order. Reverses the Starke Circuit Court’s order of protection against S.D. in favor of G.D. Finds insufficient evidence to establish that S.D. represents a present, credible threat to G.D.’s safety or the safety of their child, H.D. Also finds the trial court erred in not balancing any need for protection against the burden imposed by the protective order. Judge Robert Altice dissents with separate opinion.
Court of Appeals of Indiana
Karl W. Morgan v. State of Indiana (mem. dec.)
21A-CR-2864
Criminal. Affirms Karl W. Morgan’s two counts of Level 4 felony child molesting and his aggregate 20-year sentence. Finds the Adams Circuit Court neither erred in finding Morgan to be a sexually violent predator nor abused its discretion in denying his motion to correct erroneous sentence.
Court of Appeals of Indiana
Performance Services, Inc. v. Randolph Eastern School Corporation
22A-CP-361
Civil plenary. Reverses the Randolph Circuit Court’s entry of summary judgment for the Randolph Eastern School Corporation against Performance Services Inc. Holds that the trial court erred when it granted the School Corporation’s motion for summary judgment and denied Performance’s motion for summary judgment. Remands with instructions to enter summary judgment for Performance and to hold a hearing on Performance’s damages. Judge Elaine Brown dissents with a separate opinion.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
Daudi M. Mwangangi v. Taylor Nielsen, et al., and City of Lebanon, Indiana
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
21-1576, 21-1577 & 21-1971
Civil. Affirms entry of partial summary judgment for Daudi Mwangangi against officer Blayne Root as to the false arrest and against officer Frank Noland as to the second pat-down search. Reverses partial summary judgment for Mwangangi as to the challenge to Root’s pat-down and as to the alleged false arrest by officer Taylor Nielsen, Noland and Sgt. Ben Phelps. Vacates partial summary judgment for Mwangangi against Nielsen and Noland based on their alleged failures to intervene. Remands. Judge Frank Easterbrook concurs and Judge Thomas Kirsch dissents in part with separate opinions.
Court of Appeals of Indiana
Tracey Wheeler v. Wendy Knight and Jay Hall (mem. dec.)
21A-SC-2211
Small claims. Affirms the small claims judgment in favor of Wendy Knight and Jay Hall in a dispute with Tracey Wheeler. Finds Wheeler is not entitled to a new trial based on his argument that he was informed of the trial date one day before trial, because he was offered a continuance and declined, he did not object to appearing by telephone or show that his appearance by telephone prevented him from testifying as to any matter, and the record demonstrates that the Madison Circuit Court provided adequate opportunity for him to present his testimony and argument and to respond to the defendants’ arguments. Also finds the evidence and small claims court do not reach opposite conclusions.
Court of Appeals of Indiana
Jose L. Izaguirre v. State of Indiana
21A-CR-2258
Criminal. Affirms Jose L. Izaguirre’s convictions of two counts of Level 1 felony child molesting committed against his stepdaughter and his sentence to an aggregate of 40 years, with five years suspended to probation. Finds Izaguirre waived his arguments regarding Indiana Code § 35-40-5-13 by failing to make cogent arguments or cite relevant authority. Waiver notwithstanding, finds Izaguirre cannot demonstrate that he was prejudiced by the presence of the comfort animal when he confessed to two of the crimes of which the jury found him guilty.
Court of Appeals of Indiana
Robert Charles Sisk v. State of Indiana (mem. dec.)
22A-CR-619
Criminal. Affirms Robert Sisk’s convictions of Level 4 felony stalking, Level 5 felony stalking, Level 6 felony intimidation, Class A misdemeanor domestic battery and Class B misdemeanor criminal mischief. Finds the Hamilton Superior Court did not abuse its discretion in admitting evidence. Also finds there was sufficient evidence to support Sisk’s conviction of Level 4 felony stalking.
Court of Appeals of Indiana
Travis Armes, Eric Settles, and Debra Pennington v. State of Indiana
21A-CR-2384
Criminal. Affirms opinion in Armes v. State, 191 N.E.3d 942 (Ind. Ct. App. 2022) which reversed the Marion Superior Court denial of the motions to dismiss the charging information against Travis Armes, Eric Settles and Debra Pennington. Finds LSA Document N. 20-516(E) which is the emergency rule that designated MDMB-4en-PINACA as a Schedule I controlled substance did not provide the chemical composition so a person of ordinary intelligence would not be able to determine through appropriate testing whether a material contained it.