Court of Appeals of Indiana
Nathan C. Albrecht v. State of Indiana
21A-CR-1560
Criminal. Affirms Nathan C. Albrecht’s 10 counts of Level 5 felony possession of child pornography and 21-year sentencing. Finds Dubois Circuit Court didn’t err in admitting evidence taken off a hard drive in Albrecht’s home. Concludes his convictions are supported by the evidence. Judge Terry A. Crone concurs in part and dissents in part in separate opinion.
Indiana Supreme Court
Elizabeth Roetter v. Michael P. Roetter, Jr.
21S-DC-568
Domestic relation with children. Affirms the Hendricks Superior Court’s award of spousal maintenance to Elizabeth Roetter and the division of property between her and ex-husband Michael P. Roetter Jr. Finds the trial court didn’t err in its spousal maintenance award and that Elizabeth’s request is for rehabilitative maintenance. Also finds the trial court didn’t err in its division of property and that it was not required to follow a rigid, technical formula.
Indiana Supreme Court
Service Steel Warehouse Co., L.P. v. United States Steel Corp.
21S-CC-408
Civil collections. Reverses the Lake Superior Court’s entry of summary judgment for United States Steel Corp. after Service Steel Warehouse Co. L.P. sued to foreclose on a mechanic’s lien. Finds Service Steel, as a supplier, could have a lien because it furnished materials for a project, which is all the mechanic’s lien statute required. Remands for reconsideration of Service Steel’s summary judgment motion.
7th Circuit Court of Appeals
United States of America v. Mark Price
20-3191
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms Mark Price’s conviction of unlawfully possessing firearms and ammunition as a felon, as well as his enhanced sentence. Rejects Price’s “stalking horse” theory on first impression and finds the parole search wasn’t a violation of Price’s Fourth Amendment rights. Also finds Price’s terms as a parolee lessened his privacy status. Finally, finds the district court didn’t err as to the sufficiency of the evidence or in giving Price three sentencing enhancements.
Indiana Supreme Court
Solarize Indiana, Inc. v. Southern Indiana Gas and Electric Co., d/b/a Vectren Energy Delivery of Indiana, Inc., et al.
21S-EX-236
Agency action. Dismisses Solarize Indiana Inc.’s appeal seeking judicial review of the Indiana Utility Regulatory Commission’s order approving two filings submitted by Vectren Energy Delivery of Indiana Inc. under an expedited process known as the Thirty-Day Rule. Finds Solarize has not shown that it was adversely affected by the IURC order, so it lacks standing. Justice Geoffrey Slaughter concurs in part and in the judgment with separate opinion.
Court of Appeals of Indiana
Perise L. Fowler v. State of Indiana
21A-CR-1596
Criminal. Affirms Perise L. Fowler’s conviction for murder. Finds no error in the Marion Superior Court’s denial of Fowler’s oral motion to reconsider his guilty verdict and to enter judgment of conviction on the lesser included offense of voluntary manslaughter that was not argued at trial.
Court of Appeals of Indiana
Michael Bedtelyon v. State of Indiana
21A-CR-1952
Criminal. Reverses the revocation of four years of Michael Bedtelyon’s suspended sentence after his probation officer found Bedtelyon had violated his probation by watching sexually suggestive anime cartoons. Finds the Elkhart Superior Court abused its discretion. Also finds the state failed to prove by a preponderance of the evidence that Bedtelyon violated his probation because it produced no evidence that he had accessed or viewed obscene videos depicting or describing sexual conduct in a patently offensive manner.
Court of Appeals of Indiana
In the Matter of the Marriage of: Kristi M. McClendon v. Richard L. Triplett
21A-DR-1852
Domestic relations. Affirms the modification of custody of K.T. and D.T. in favor of father Richard Triplett. Finds mother Kristi McClendon failed to demonstrate that she was prejudiced by the denial of her motion to continue, that the Adams Circuit Court abused its discretion by allowing K.T. to testify without her parents in the courtroom, that the trial court’s denial of her motion to exclude testimony of three witnesses was erroneous or that the trial court erred by granting Triplett’s motion for modification of physical and legal custody.
Court of Appeals of Indiana
Rhonda R. Parkevich v. State of Indiana (mem. dec.)
21A-CR-1385
Criminal. Affirms and reverses in part the order for Rhonda R. Parkevich to pay restitution upon her conviction of Level 6 felony theft. Finds Parkevich waived her right to dispute her ability to pay her ordered restitution, and the Cass Superior Court didn’t err by determining she had the ability to pay. Also finds the trial court abused its discretion by failing to fix the manner of payment and by awarding restitution for a loss that is not the direct and immediate result of the offense in this case. Remands with instructions to impose restitution in the amount of $36,632, determine a payment schedule and fix the amount of the payments.
Court of Appeals of Indiana
REO Holdings Series 3, LLC v. Angela Trowbridge and Mark Trowbridge, and Elizabeth Klapper and Stephen R. Klapper (mem. dec.)
21A-PL-1165
Civil plenary. Affirms Angela and Mark Trowbridge’s granted motion to dismiss a lawsuit filed by REO Holdings Series 3, LLC alleging breach of contract when the Trowbridges proceeded to attempt to convey their property to Elizabeth and Stephen Klapper when an REO representative failed to appear during closing. Finds that REO failed to allege any grounds in its complaint upon which it could prevail and that the trial court did not err in granting the Trowbidges’ motion to dismiss.
Court of Appeals of Indiana
James Louis Warren v. State of Indiana
21A-CR-247
Criminal. Affirms James Warren’s convictions for level 2 felony dealing in methamphetamine, Level 6 felony possession of a controlled substance while in possession of a firearm and Level 6 felony maintaining a common nuisance but vacates the Howard Superior Court’s sentencing order. Finds any error in the admission of evidence was harmless. Also finds the trial court erred by denying Warren’s request to exercise his right to be physically present during his sentencing hearing. Remands with instructions for the trial court to hold a sentencing hearing where Warren is physically present.
Court of Appeals of Indiana
Robert D. Willis and Cindy L. Willis v. Dilden Brothers, Inc.
21A-CT-378
Civil tort. Affirms and reverses in part the Tippecanoe Superior Court’s various rulings in a dispute between Robert D. and Cindy L. Willis and Dilden Brothers Inc. Summarily affirms the verdict and final damages award on Count 1, as Dilden does not challenge them. Finds the trial court did not abuse its discretion in denying Dilden’s motion to correct error as to Count 2 or in awarding damages for an incurable deceptive act as to Robert on Count 3, but did abuse its discretion in awarding damages for an uncured deceptive act as to Cindy. Also finds the trial court abused its discretion in impeaching the jury’s verdict on Count 4 based on a juror’s comment about attorney fees but did not abuse its discretion in reducing the award to $15,000. Finally, finds the trial court did not abuse its discretion in denying the Willises’ motion for recusal or in determining the amount of the attorney fees award. Judge L. Mark Bailey concurs and dissents in part with separate opinion.
Court of Appeals of Indiana
Vichitra Tyagi v. Vinita Singh Tyagi
21A-DC-1392
Domestic relations with children. Affirms the dissolution of Vichitra Tyagi’s marriage to Vinita Singh Tyagi. Finds the Boone Superior Court did not err in several instances, including when it found that a note payable existed and allocated it as an asset to Husband; when it found Husband’s weekly income to be $5,000 for child support; when it relied on Wife’s evidence about the U.S. dollars and Indian rupees conversion rate; and when it unequally divided the marital estate.
7th Circuit Court of Appeals
In Re: Donald Wayne Harshaw, Elizabeth Anne Harshaw v. Donald Wayne Harshaw
21-1423
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Holly A. Brady.
Civil. Affirms the district court’s ruling allowing Donald Harshaw to discharge an arbitrator’s award in a bankruptcy action. Finds the award was for a money judgment and thus subject to discharge.
Court of Appeals of Indiana
David L. Arnett, Individually, and d/b/a Auto Annex, Inc. v. The Estate of Joel S. Beavins, By Its Personal Representative, Jill E. Beavins, and Stewart Properties, LLC
21A-EU-1484
Estate, unsupervised. Affirms the order in favor of the Estate of Joel S. Beavins, by its personal representative Jill E. Beavins, and Stewart Properties LLC granting in part motions to strike evidence submitted by David L. Arnett, individually and d/b/a Auto Annex Inc., and the order granting partial summary judgment in favor of the estate on the issue of whether Arnett is a member of Stewart Properties. Finds the Johnson Superior Court did not abuse its discretion in striking portions of Arnett’s designated evidence, including his affidavit and Charles Ryder’s affidavit and supplemental affidavit. Also finds the trial court did not err in granting partial summary judgment in favor of the estate regarding the ownership of Stewart Properties.
Court of Appeals of Indiana
Bhaktavatsala R. Apuri, M.D. v. Parkview Health System, Inc., Parkview Hospital, Inc., and Roy Robertson, M.D.
21A-PL-591
Civil plenary. Affirms the grant of summary judgment to Parkview Health System Inc., Parkview Hospital Inc. and Dr. Roy Robertson on a complaint for breach of contract, intentional interference with a business relationship and intentional interference with a contract brought by Dr. Bhaktavatsala Apuri. Finds Apuri did not designate evidence of a material factual dispute over whether he can overcome the presumption of adequate notice and hearing procedures, and the Allen Superior Court correctly determined the adequate notice and hearing procedures requirement was deemed satisfied. Also finds the appellees were immune from suit for Apuri’s claims, so the trial court correctly concluded they were entitled to judgment as a matter of law.
Court of Appeals of Indiana
L.M. v. Review Board of the Indiana Department of Workforce Development
21A-EX-990
Agency action. Reverses the Review Board of the Indiana Department of Workforce Development’s decision to affirm an administrative law judge’s ruling that L.M. did not timely file an appeal regarding her denial of pandemic unemployment assistance benefits. Finds a denial sent electronically is sent the same day it was received, so L.M.’s appeal was timely. Remands for further proceedings.
Court of Appeals of Indiana
Contrell J. Scruggs v. State of Indiana (mem. dec.)
21A-CR-1426
Criminal. Affirms Contrell Scruggs’ conviction of Level 5 felony possession of methamphetamine. Finds the state presented sufficient evidence to support Scruggs’ possession of meth conviction.
Court of Appeals of Indiana
In the Matter of the Paternity of J.K.: Moussa Henry Kante v. Carrie E. Long
21A-JP-1470
Juvenile paternity. Affirms the Johnson Circuit Court’s order modifying parenting time for Carrie E. Long to have her son J.K. with her during most of the summer to accommodate his basketball schedule rather than in Texas with his father, Moussa Kante. Finds the parenting time award was both consistent with the Indiana Parenting Time Guidelines and was reasonable. Also finds the trial court explained, in writing, why the deviation from the guidelines was appropriate, and it did not abuse its discretion. Finally, finds the trial court was not required to make the factual finding contemplated by Indiana Code § 31-14-14-1.
Court of Appeals of Indiana
Amanda Henry v. Community Healthcare System Community Hospital
21A-CT-2150
Civil tort. Affirms the Lake Superior Court’s order granting summary judgment in favor of Community Healthcare System Community Hospital on Amanda Henry’s complaint alleging invasion of privacy by intrusion into emotional seclusion, invasion of privacy by public disclosure of private facts and negligent retention. Holds the trial court correctly granted summary judgment in favor of Community on Henry’s negligent retention claim. Finds invasion of privacy by intrusion into emotional seclusion or solace is not recognized in Indiana and therefore the trial court did not err. Finds similarly for the invasion of privacy PDPF claim.