Articles

Opinions June 14, 2022

Court of Appeals of Indiana
Trent Michael Weaver v. State of Indiana  
21A-CR-2424
Criminal. Affirms Trent Weaver’s aggregate eight-year sentence following his convictions of dealing in a narcotic drug and reckless homicide, both as a Level 5 felony. Finds the Pulaski Superior Court did not abuse its discretion when it imposed separate sentences for Weaver’s dealing and reckless homicide convictions, when it imposed consecutive sentences for those convictions or when it imposed enhanced consecutive sentences. Also finds the trial court’s sentencing statement is adequate. Finally, finds the trial court did not abuse its discretion when it sentenced Weaver.

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Opinions June 13, 2022

Court of Appeals of Indiana
Charles T. Ramey, III and Jordan McHenry v. Ashley D. Ping  

21A-CT-2103
Civil tort. Affirms the denial of father Charles Ramey and Jordan McHenry’s joint motion for judgment on the evidence and motion to correct error, filed after a jury ruled in favor of mother Ashley Ping and awarded her damages on her complaint alleging Ramey and McHenry filed a false report of child abuse against her. Finds the Johnson Superior Court did not err when it interpreted the false reporting statute and, as such, did not err when it instructed the jury. Also finds Ping presented sufficient evidence to negate the statutory presumption of good faith and qualified immunity and to support the jury’s award of punitive damages. Finally, finds Ping was not precluded from bringing the instant lawsuit under either the principle of res judicata or under the terms of a release agreement. 

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Opinions June 10, 2022

Court of Appeals of Indiana

In the Matter of R.A.M.O, Child in Need of Services, D.F., Mother, v. Indiana Department of Child Services
21A-JC-1873
Juvenile CHINS. Affirms the Johnson Circuit Court’s determination that R.A.M.O is a child in need of services. Finds the trial court did not abuse its discretion by resetting the factfinding hearing beyond the 120-day time limit established in Indiana Code section 31-34-11-1(b). Rejects mother’s claims that the juvenile court’s decision to continue the matter violated her right to due process and that she was denied the effective assistance of counsel.

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Opinions June 9, 2022

Thursday’s opinions

Court of Appeals of Indiana 

Five Star Roofing Systems, Inc. D/B/A Five Star Commercial Roofing Systems Inc. v. Armored Guard Window & Door Group, Inc. D/B/A Pendleton Enterprises, Inc.
21A-PL-1964
Civil plenary. Affirms the grant of summary judgment, damages, and attorney fees in favor of Armored Guard Window & Door Group, Inc., doing business as Pendleton Enterprises, Inc. against Five Star Roofing Systems, Inc. Reverses the award of prejudgment interest with respect to the date the prejudgment interest began to accrue. Remands with instructions for the court to determine the appropriate amount of interest from Feb. 9, 2016.

 

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Opinions June 8, 2022

Court of Appeals of Indiana
Geist Lake Forest Property Owners’ Association, Inc. v. Taso’s Toys, LLC; Taso’s Toys, LLC v. Geist Lake Forest Property Owners’ Association, Inc., and RREF II RB-IN VM, LLC
21A-PL-2021
Civil Plenary. Affirms the Hamilton Superior Court’s finding that 2007 declaration of covenants, conditions and restrictions of Geist Lake Forest Subdivision was valid. Finds the Geist Lake Forest Property Owners’ Association and RREF II RB-IN VM LLC, were entitled to summary judgment as a matter of law that the association was validly formed. Holds the first amendment to the declaration did not exempt the lot owned by TT, an Indiana limited liability company, from the declaration’s requirements and that the non-residential building on TT’s property violated the declaration.

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Opinions June 7, 2022

Court of Appeals of Indiana
Jermaine D. Marshall v. State of Indiana (mem. dec.)

21A-CR-1557
Criminal. Affirms Jermaine Marshall’s aggregate three-year sentence with one year suspended to probation for conviction of Level 5 felony attempted robbery and his admittance to being a habitual offender. Concludes that Marshall’s waiver of a jury trial was knowing, voluntary, and intelligent.

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Opinions June 6, 2022

Court of Appeals of Indiana
Charles C. Hadden v. State of Indiana (mem. dec.)

21A-IF-2846
Infraction. Affirms Charles Hadden’s traffic citation for speeding in a worksite while workers were not present. Finds that Hadden’s traffic citation was enforceable and that Hadden was not prejudiced by a deputy prosecutor’s failure to file an appearance.

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Opinions June 3, 2022

Court of Appeals of Indiana
Jacqueline Kristen Dennis (Darbo) v. Gary Clyde Dennis
22A-DR-345
Domestic relations. Reverses the denial of the petition filed by Jacqueline Dennis (Darbo) asking the dissolution court to appoint a commissioner to execute a quitclaim deed or to declare the judgment lien her ex-husband held on the marital home to be satisfied and released. Finds the Hamilton Superior Court “understandably but mistakenly” relied on “the termination rule” and opinions describing the rule to conclude it lacked jurisdiction in this case. Finds the trial court does not lack jurisdiction to rule on Darbo’s petition. Remands.

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Opinions June 1, 2022

Court of Appeals of Indiana
Timothy DeWayne Forshee v. State of Indiana (mem. dec.)
21A-CR-2228
Criminal. Affirms Timothy DeWayne Forshee’s sentence to an aggregate of five years executed for his convictions of three counts of Level 5 felony sexual misconduct with a minor. Finds the Madison Circuit Court did not abuse its discretion in sentencing Forshee. Also finds Forshee’s sentence is not inappropriate.

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Opinions May 31, 2022

Court of Appeals of Indiana
Elizabeth Hollrah and Janice Stacy, Individually and as Personal Representatives of the Estate of Laura E. Barker v. Lisa Barker and Connie Barker
21A-ES-2432
Estate, supervised. Reverses the Decatur Circuit Court’s order that the Estate of Laura E. Barker pay Lisa Barker and Connie Barker’s attorney fees. Finds the attorney fees incurred by Lisa and Connie did not constitute expenses of administration of Laura’s estate.

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Opinions May 27, 2022

Court of Appeals of Indiana
Mark Dickinson v. State of Indiana (mem. dec.)
21A-CR-1615
Criminal. Affirms Mark Dickinson’s convictions for Level 4 felony criminal confinement, Class A misdemeanor domestic battery, Level 6 felony intimidation and Level 6 felony strangulation. Finds Dickinson’s trial counsel did not render ineffective assistance by failing to object to the prosecutor’s questions.

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Opinions May 26, 2022

Court of Appeals of Indiana
B.A. v. D.D. and C.D.
22A-AD-147
Adoption. Affirms and reverses in part the grant of summary judgment in favor of adoptive parents D.D. and C.D. on their claim that father B.A.’s consent to the adoption of P.A. was not required. Finds B.A. has not met his burden on appeal to demonstrate that the court erred when it ordered him to submit to a DNA test. Also finds evidence that a man is not a child’s biological father, without more, is not dispositive of whether he is the child’s legal father and does not obviate the need for his consent to an adoption. Finally, finds the adoptive parents failed to designate evidence that would exclude B.A. as P.A.’s legal father such that B.A.’s consent would not be required under Indiana Code § 31-19-9-1(a)(2). Remands for further proceedings.

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Opinions May 25, 2022

Court of Appeals of Indiana
Alan Jones v. State of Indiana
21A-CR-2809
Criminal. Affirms the Shelby Circuit Court’s denial of Alan Jones’ motion for reduction of bail. Finds Jones has failed to show that the decision declining to reduce bond was clearly against the logic and effect of the circumstances before the trial court.

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Opinions May 24, 2022

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:

Lamone Lauderdale-El v. Indiana Parole Board 
21-1242
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Patrick Hanlon.
Civil. Affirms the dismissal without prejudice of Lamone Lauderdale-El’s habeas corpus petition for failure to exhaust state remedies. Finds the dismissal was a final, appealable judgment. Overrules the contrary jurisdictional holdings of Gacho v. Butler, 792 F.3d 732 (7th Cir. 2015), and Moore v. Mote, 368 F.3d 754 (7th Cir. 2004). Also finds the appeal is not moot. Finally, finds Lauderdale-El could have pursued his good-time credit restoration claim in state court.

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Opinions May 23, 2022

Court of Appeals of Indiana
Tyler A. Smith v. State of Indiana
21A-CR-2799
Criminal. Affirms the denial of Tyler Smith’s motion to dismiss pursuant to Indiana Criminal Rule 4(B). Finds the Fulton Superior Court did not violate the rule which requires a jury trial be held within 70 days of a speedy trial motion being filed. Holds Fulton County was still reporting a high COVID-19 infection rate and the courthouse did not have adequate facilities to safely conduct a jury trial. Rules the 35-year sentence for attempted murder is not inappropriate. Notes Smith’s criminal history is a “testament to a disturbing evolution” form minor misdemeanors to carrying a handgun with a license to crime of violence which culminating in shooting a rifle and hitting the victim several times.

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Opinions — May 20, 2022

Court of Appeals of Indiana
The City of Bloomington, Indiana, et al. v. Andrew Guenther, et al.  
21A-MI-2600
Miscellaneous. Reverses the Monroe Circuit Court’s determination that Andrew Guenther was entitled to the vacant citizen member seat on the City of Bloomington’s Plan Commission and its order for Christopher Cockerham to vacate the seat. Finds the trial court’s decision was clearly erroneous. Also finds Cockerham was validly appointed to the commission and may continue his service.

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Opinions May 19, 2022

Court of Appeals of Indiana
Yergy’s State Road BBQ, LLC v. Wells County Health Department; Eric Holcomb, in his official capacity of Governor of the State of Indiana; and State of Indiana
21A-PL-2593
Civil plenary. Affirms the dismissal of Yergy’s State Road BBQ LLC’s complaint against the state of Indiana, Gov. Eric Holcomb and the Wells County Health Department related to public health emergency orders issued concerning restaurant closures during the COVID-19 pandemic. Finds the Wells Circuit Court did not err in concluding Yergy’s complaint requesting relief was moot. Declines to apply the public interest exception or to issue an advisory opinion.

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Opinions May 18, 2022

Court of Appeals of Indiana
Charles Grays v. State of Indiana (mem. dec.)
21A-CR-2471
Criminal. Affirms Charles Grays’ convictions of Level 2 felony dealing in cocaine, Level 4 felony unlawful possession of a firearm by a serious violent felon, Class A misdemeanor resisting law enforcement and Class A misdemeanor operating while suspended, and his sentence of 33 years, with 25 years executed and eight years suspended to probation. Finds the Elkhart Circuit Court didn’t err when it denied Grays’ motions to suppress evidence, or in instructing the jury. Also finds his sentence isn’t inappropriate. 

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Opinions May 17, 2022

Court of Appeals of Indiana
Darren Woodcox and Elizabeth Woodcox, as Personal Representatives of the Estate of Dylan Woodcox v. Anonymous Hospital, Anonymous M.D., and Anonymous N.P.  
21A-CT-1565
Civil tort. Affirms the Marion Superior Court’s denial of Darren and Elizabeth Woodcox’s motion for summary judgment and declaratory judgment in their case against Anonymous Hospital, Anonymous M.D., and Anonymous N.P. following the death of their infant son. Finds the trial court did not err in denying the Woodcoxes’ motion for summary judgment and declaratory judgment. Finds the trial court did not err in dismissing the Woodcoxes’ claims on the merits. Expresses no opinion on the merits of the Woodcoxes’ claims but concludes that the review panel’s process must proceed to its conclusion before the trial court may adjudicate those claims.

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