Court of Appeals of Indiana
M.B. v. J.D. (mem. dec.)
21A-PO-00524
Protective order. Affirms the protective ordered issued for J.D. against ex-boyfriend M.B. Finds M.B. forfeited his original appeal and has not identified any basis to set the order aside under Indiana Trial Rule 60(B). Finds the Grant Superior Court did not abuse its discretion by leaving the protective order in place.
Court of Appeals of Indiana
Anthony Padgett v. State of Indiana (mem.dec.)
21A-CR-00519
Criminal. Reverses and remands the Sullivan Superior Court’s order granting the State of Indiana’s motion for summary disposition in Anthony Padgett’s case. Finds genuine issues of material fact remain regarding whether Padgett received adequate due process at his parole revocation hearing. Remands for further proceedings consistent with the COA’s opinion.
Court of Appeals of Indiana
Tracey Wheeler v. State of Indiana and Indiana Department of Corrections
21A-MI-1175
Miscellaneous. Reverses the Perry Circuit Court’s dismissal of a negligence complaint by prisoner Tracey Wheeler against the Indiana Department of Correction and remands for further proceedings. Finds Wheeler adequately stated a cause for negligence and the DOC appeared to concede as much by abandoning their challenge to the sufficiency of the allegations. Also finds Wheeler was not required to plead exhaustion of remedies to state a claim for relief. Affirms the dismissal of any other putative claims contained in the complaint by Wheeler.
Indiana Court of Appeals
In Re the Matter of: Paternity of W.M.T., Elizabeth Jackson v. Sharon Thomas
21A-JP-57
Juvenile paternity. Affirms the Hancock Superior Court’s order awarding custody of W.M.T. to Sharon Thomas, the order for Elizabeth Jackson to pay child support to Thomas and the denial of Jackson’s request for attorney fees. Finds the trial court did not abuse its discretion when it admitted certain challenged evidence, nor did it err when it determined that Thomas was W.M.T.’s de facto custodian and that modification of W.M.T.’s custody was in the child’s best interests. Also finds the trial court didn’t err when it excluded W.M.T.’s survivor benefits from the child support calculation. Finally, finds the trial court didn’t abuse its discretion when it denied Jackson’s request for attorney fees.
Indiana Court of Appeals
Aberdeen Apartments II LLC v. Jessica Miller
21A-CT-1263
Civil tort. Affirms the award of judgment to Jessica Miller against Aberdeen Apartments II and the denial of Aberdeen’s motions to correct error and for relief from judgment after Miller injured herself following a slip-and-fall accident. Finds Aberdeen did not negate the breach element of Miller’s negligence claim, and the Hendricks Superior Court did not err when it denied Aberdeen’s summary judgment motion. Also finds the trial court did not abuse its discretion when it denied Aberdeen’s Trial Rule 60(B)(3) motion to set aside the judgment, or when it denied Aberdeen’s motion to correct error.
Court of Appeals of Indiana
Benjamin Coplan, M.D., Laxeshkumar Patel, M.D., John Schiltz, M.D., Christine Tran, M.D., Community Health Network, Inc., d/b/a Community Hospital Howard Regional Health Hospital and Community Howard Behavioral Health, Community Physicians of Indiana, Inc., d/b/a Community Physician Network, Community Howard Regional Health, Inc., Timothy Held, P.A., and Medical Associates LLP v. Betty Miller, Individually and as Personal Representative of the Estate of John Allen Miller
21A-CT-406
Civil tort.
Affirms the denial of summary judgment to Drs. Benjamin Coplan, Laxeshkumar Patel, John Schiltz and Christine Tran, Community Hospital Howard Regional Health Hospital and Community Howard Behavioral Health, Community Physician Network, Community Howard Regional Health Inc., Timothy Held and Medical Associates LLP in a dispute with Betty Miller, individually and as personal representative of the estate of John Allen Miller. Finds that the imminent danger prong in Indiana Code § 34-30-16-1 allows consideration of all Zachary Miller’s conduct and statements during the month leading up to John’s murder. Also finds the providers are not entitled to summary judgment because the providers do not dispute that the totality of Zachary’s conduct and statements over that period could lead a reasonable trier of fact to find an imminent danger existed. Finally, finds physician assistants are not mental health service providers and thus are not entitled to the protections of I.C. 34-30-16-1.
Court of Appeals of Indiana
Lydia A. Duncan and Donald E. Frederick v. John J. Yocum, Jr.
20A-GU-2299
Guardianship. Affirms and reverses in part the dismissal of Lydia A. Duncan and Donald E. Frederick’s petition to establish guardianship over John Yocum Jr. and awarding attorney fees. Finds the guardianship petition was properly dismissed. Also finds the Gibson Circuit Court erred when it awarded attorney fees to John. Remands for proceedings. Judge Elizabeth Tavitas concurs in part and dissents in part with separate opinion.
Indiana Court of Appeals
Financial Center First Credit Union v. Miguel Rivera
21A-CC-845
Civil collection. Affirms the Marion Superior Court’s denial of Financial Center First Credit Union’s motion to compel arbitration and to stay proceedings. Finds the credit union introduced ambiguity on appeal as to whether it sought to compel arbitration of just Miguel Rivera’s underlying individual claim or of the amended counterclaim as a whole, including the class action allegations. Also finds the credit union cannot arbitrate Rivera’s individual claim because it had already answered the claim and then filed for summary judgment. Finally, finds the credit union cannot arbitrate Rivera’s class action claim because the plain language of the contract states class action claims cannot be arbitrated.
Court of Appeals of Indiana
James Lewis Washington v. State of Indiana
21A-PC-385
Post-conviction relief. Reverses James Lewis Washington’s conviction for murder and robbery. Finds the post-conviction court erred when it concluded that Washington was not prejudiced by his trial counsel’s deficient performance. Vacates Washington’s convictions and remands for a new trial on the state’s charges.
7th Circuit Court of Appeals
USA v. Timothy Kurzynowski
20-3491
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms the denial of Timothy Kurzynowski’s motion for compassionate release from his 96-month sentence for conviction for distribution of child pornography pursuant to § 603 of the First Step Act of 2018, 18 U.S.C. § 3582(c)(1)(A)(i). Finds the Southern District Court properly exercised its discretion in denying Kurzynowski’s motion. Also finds that under United States v. Broadfield, 5 F.4th 801 (7th Cir. 2021), the fact that Kurzynowski is vaccinated precludes a finding that the COVID-19 pandemic presents extraordinary and compelling reasons for his release.
Indiana Court of Appeals of Indiana
Alphonso L. James, III v. State of Indiana
21A-CR-148
Criminal. Reverses Alphonso L. James III’s sentence to 63 years for the murder of Jaren Minies when James was 13 years old. Finds a six-decade sentence reserved for the worst adult offenders is not appropriate for a 13-year-old child in light of the nature of his offense and his character. Also finds the Elkhart Circuit Court was justified in rejecting the most lenient approach available when sentencing James, alternative juvenile sentencing. Finally, finds the trial court did not erroneously consider unadjudicated or unadmitted allegations of juvenile offenses as aggravating circumstances, and any error would have been harmless. Remands for the entry of a 55-year sentence.
Indiana Court of Appeals
Christopher Allen Duncan; Patel’s Palace LLC, d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators, LLC, Rupal Patel, and Christopher Zorman v. Barton’s Discounts, LLC
21A-PL-211
Civil plenary. Affirms on interlocutory appeal an order from the Marion Superior Court granting Barton’s Discounts LLC’s motion to compel in part documents from Christopher Allen Duncan, Patel’s Palace LLC d/b/a Indy Surplus Liquidators, Midwest Surplus Liquidators LLC, Rupal Patel and Christopher Zorman. Also affirms its order for the appellants to produce all responsive, unredacted documents requested by Barton’s discovery request. Finds no abuse of the trial court’s discretion.
Indiana Court of Appeals
CT102 LLC d/b/a Metro Motors and Herman Jeffrey Baker v. Automotive Finance Corporation
21A-CC-904
Civil collection. Reverses the amount in damages awarded to Automotive Finance Corporation, finding the Marion Superior Court erred by double counting. Affirms the finding that Metro Motors did not commit conversion, finding the trial court did not err. Remands with instructions to award AFC $123,666.66, plus 15% interest from May 30, 2018, and $32,618.75 in attorney fees and expenses.
Indiana Court of Appeals
Terrance Trabain Miller v. State of Indiana
20A-CR-2315
Criminal. Reverses Terrance Trabain Miller’s convictions of one count of Level 2 felony dealing in methamphetamine, one count of Level 2 felony dealing in heroin, a narcotic drug, and one count of Class A misdemeanor resisting law enforcement. Finds the Cass Circuit Court committed fundamental error when it gave a preliminary instruction on a charge of unlawful possession of a firearm by a serious violent felony, a count that was dismissed after the jury returned a guilty verdict. Remands.
Indiana Court of Appeals
Broadway Logistics Complex, LLC, and Thomas Wisniewski v. Peggy Holinga Katona, as Lake County Treasurer, and John Petalas, as Lake County Auditor
21A-PL-738
Civil plenary. Affirms the denial of Broadway Logistics Complex LLC and Thomas Wisniewski’s request for injunctive relief and the declaration that tax sale certificates they acquired were forfeitable by the Lake County treasurer. Finds the Lake Circuit Court did not err.
Indiana Court of Appeals
Zolo A. Azania v. Kenneth R. Edwards, Tracy Edwards, and Krete Properties, LLC (mem. dec.)
20A-PL-2142
Civil plenary. Affirms the order of eviction and immediate possession in favor of Kenneth R. Edwards, Tracy Edwards and Krete Properties LLC, landlords to Zolo A. Azania, for nonpayment of rent. Finds the landlords’ equitable action for eviction and immediate possession was properly triable by the Lake Superior Court. Also finds Azania waived his review of his claim that his eviction was not permitted due to the COVID-19 eviction moratorium. Finally, finds Azania was subject to eviction for nonpayment of rent in violation of his lease.
Indiana Court of Appeals
Benjamin Bertucci, Individually and Next Best Friend of Ayana Bertucci, a Minor v. Donald Bertucci and Anita Remijas
21A-CT-360
Civil tort. Affirms partial summary judgement and a cross-motion for attorney fees and costs to Donald Bertucci. Finds Bertucci wasn’t at fault for his granddaughter being bitten by a dog on his jointly owned home in Long Beach. Also finds the LaPorte Superior Court didn’t abuse its discretion. Judge L. Mark Bailey concurs in part and dissents in part with separate opinion.
Indiana Court of Appeals
Jason Gay v. Monroe County Community School Corporation (mem. dec.)
21A-PL-185
Civil plenary. Affirms the Monroe Circuit Court’s grant of summary judgment to the Monroe County Community School Corporation over its removal of trees near Jason Gay’s property. Finds the designated evidence indicates that no genuine issue of material fact existed and that MCCSC is entitled to judgment as a matter of law regarding its boundary dispute with Gay. Also finds the trial court properly entered summary judgment for MCCSC.
Indiana Court of Appeals
Jason C. Baldauf v. State of Indiana (mem. dec.)
21A-CR-699
Criminal. Affirms Jason C. Baldauf’s conviction of Level 6 felony intimidation. Finds the state presented sufficient evidence to support Baldauf’s conviction.
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Thursday:
United States of America v. Henry E. Wood
20-2974
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Criminal. Affirms the United States District Court for the Northern District of Indiana’s denial of Henry Wood’s motion to suppress data from his cellphone taken by parole agents without a warrant. Finds Wood’s Fourth Amendment rights weren’t violated. Also finds Riley v. California, 573 U.S. 373 (2014) doesn’t apply to Woods, but United States v. Knights, 534 U.S. 112 (2001), and Samson v. California, 547 U.S. 843 (2006) do. Finally, finds the state’s interests outweigh Wood’s privacy expectation as a parolee.