Opinions

Indiana Court of Appeals
Sydney Renner v. Trevor J. Shepard-Bazant
19A-CT-02745
Civil tort. Reverses the Lake Superior Court’s denial of Sydney Renner’s motion to correct error, in which she asked for an increased damages award stemming from a car crash involving Trevor Shepard-Bazant. Finds the trial court’s treatment of Renner’s prior two concussions as separate incidents, rather than as contributing to Renner’s injuries and damages arising from the auto accident, was against the logic and effect of the facts and circumstances before the court and resulted in error in the calculation of damages. Remands for a retrial.

Indiana Supreme Court
In the Matter of the Termination of the Parent-Child Relationship of K.R., J.T.R, J.L.R., & E.R. (Minor Children); A.B. (Mother) and J.R. (Father) v. Indiana Department of Child Services
20S-JT-63
Juvenile termination. Affirms Steuben Circuit Court’s decision to admit drug test results, finding the results fit the records of a regularly conducted activity exception pursuant to Indiana Evidence Rule 803(6). Held Forensic Fluid Laboratories which conducted the tests on the parents does depend on the records to operate. Also, determined the records met the other indicia for reliability including they are subject to review, audit or internal check; the precision engendered by the repetition; and the fact that the person furnishing the information has a duty to do it correctly.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday.
Common Cause Indiana et al. v. Connie Lawson et al.
20-2911
Appeal from the United States District Court fort the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Reverses an injunction enjoining enforcement of Indiana law requiring the absentee ballots be received by election officials by noon on Election Day for those votes to be counted. Grants the state’s motion for a stay of the injunction, finding that “(a)s long as it is possible to vote in person, the rules for absentee ballots are constitutionally valid if they are supported by a rational basis and do not discriminate based on a forbidden characteristic such as race or sex.”

Indiana Court of Appeals
Clay Kelley v. Kristy Kelley, Deceased, b/n/f Kenneth Todd Scales
20A-MI-679
Miscellaneous. Dismisses Clay Kelly’s appeal of the Warrick Superior Court’s denial of his motions to quash a nonparty subpoena, for contempt and for sanctions, finding Clay was neither a named party nor an intervenor in the trial court and therefore lacked standing to bring the appeal. Denies on cross-appeal Kristy Kelley b/n/f Todd Scales’ request for appellate attorney fees.

Indiana Court of Appeals
James L. Dodson, Jr. v. State of Indiana (mem. dec.)
20A-CR-89
Criminal. Affirms James L. Dodson Jr.’s conviction and aggregate sentence of more than 87 years for his conviction in Allen Superior Court of murder and criminal recklessness and an enhancement for using a firearm in the crime. Finds his sentence was not inappropriate and Dodson waived arguments or requested the court to impermissibly reweigh the evidence.

Indiana Supreme Court
Steven Glover, As Personal Representative of the Estate of Shelina M. Glover v. Allstate Property and Casualty Insurance Company
20S-CT-23
Civil tort. Vacates the Marion Superior court’s judgment and remands with instructions to grant the estate of Shelina Glover Robinson’s cross-motion for summary judgment. Holds that Shelina was an “insured person” under the policy and qualified as a “resident relative” because she lived with her parents, and her parents did not need to notify Allstate of her status because she was not an “operator” living within their household. Also finds that the policy’s anti-stacking provision does not limit an insured’s ability to recover under multiple UIM policies and that the policy’s offset provision reduces only the payments made on behalf of those persons directly liable for the injury.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Indiana Vote by Mail, Inc. v. Paul Okeson
20-2605
Appeal from the United States District Court for the Southern District of Indiana, Judge James P. Hanlon.
Civil Plenary. Affirms the district court’s order denying an injunction against an Indiana election law, which would permit “no-excuse” absentee voting in the Nov. 3 general election. Finds Indiana’s absentee voting limitation do not violate the Equal Protection Clause or the 26th Amendment. Senior Judge Kenneth Ripple concurs.

The following 7^th Circuit opinion was posted after IL deadline Monday:
Lorraine Beeler v. Andrew M. Saul
19-2099
Appeal from the United States District Court for the Southern Division of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the decision of the U.S. District Court for the Southern District of Indiana upholding the application of the windfall elimination provision by the Social Security Administration to Lorraine Beeler and the court’s grant of summary judgment to the agency. Finds the agency correctly ruled that plaintiffs’ Canadian employment was noncovered under the Social Security Act, and thus the provision applied to reduce their Social Security benefits. Circuit Judge Amy St. Eve dissents with opinion.

The following Indiana Supreme Court opinion was posted after IL deadline Friday.
Dawn Riddle and Matthew Riddle v. Dennis Cress, Haley Wilkerson, and Helen Cress
20S-PL-573
Civil plenary. Grants transfer and affirms the trial court’s decision to set aside the default judgment for Dennis and Helen Cress and the Cresses’ granddaughter, Haley Wilkerson. Finds that “the trial court’s assessments of the parties’ credibility and demeanor are the type of fact-sensitive judgments that may not be second-guessed under the deferential standard of appellate review and, here, are sufficient to establish at least ‘slight evidence’ of excusable neglect.” Remands to Johnson Superior Court for further proceedings consistent with the opinion. Justice Geoffrey Slaughter dissents, believing transfer should be denied.

Indiana Court of Appeals
Carl Lee Hill v. State of Indiana
19A-CR-02083
Criminal. Affirms Carl Hill’s 14-year sentence for convictions in Marion Superior Court of two counts of Level 5 felony reckless homicide and his adjudication as a habitual offender. Finds his convictions are not double jeopardy. Rejects Hill’s challenge to his sentence but remands to correct his sentence to attach the habitual offender sentence to one of his reckless homicide sentences rather than as a separate offense.

The following Indiana Tax Court opinion was posted after IL deadline Wednesday:

Grant County Assessor v. Randy & Sara Ballinger
19T-TA-19
Tax. Affirms the Indiana Board of Tax Review’s final determination that reduced the assessment of Randy and Sara Ballinger’s golf course land for the 2018 tax year. Finds that the Ballingers’ evidence best reflected the market value-in-use of their Walnut Creek golf course land. Thus, finds no basis for reversing the Indiana Board’s conclusion.

Indiana Court of Appeals
Gilley’s Antique Mall, et al. v. Doug Sarver  
20A-EX-00396
Agency. Reverses the Indiana Worker’s Compensation Board’s ruling that Gilley’s Antique Mall and co-owner Jeff Hines were secondarily responsible for Doug Sarver’s injuries sustained during a construction accident. Concludes that the Board’s decision to add Gilley’s and Hines as defendants outside the two-year statute of limitations period was erroneous and contrary to the Indiana Worker’s Compensation Act.

The following Indiana Supreme Court opinion was posted after IL deadline on Monday:
Brian W. Kinman v. State of Indiana
20S-CR-569
Criminal. Grants transfer to Brian Kinman’s petition and summarily affirms the portion of the Indiana Court of Appeals opinion finding that Kinman’s oral motion to withdraw his guilty plea was procedurally defective. Finds the Fayette Circuit Court did not abuse its discretion in denying Kinman’s motion. However, also finds the trial court failed to include in its summary order any findings or conclusions on the issues Kinman raised in his de facto petition for post-conviction relief. Remands for entry of a revised order that complies with Indiana’s Post-Conviction Rules, including Rule 1(6).

Indiana Court of Appeals
M.A. v. Review Board of the Indiana Department of Workforce Development
20A-EX-160
Agency. Affirms the decision of the review board of the Indiana Department of Workforce Development affirming the decision of an administrative law judge that M.A. had insufficient wage credits to meet the statutory requirements to establish a claim for unemployment benefits. Finds the board did not err when it affirmed the ALJ’s decision denying M.A. unemployment benefits.

Indiana Court of Appeals
In the Matter of the Supervised Estate of Donald L. Moster, Sr., Deceased; Lisa Voltz, Successor Personal Representative, and Donald L. Moster, Jr. v. Rose M. Deschand (mem. dec.)
20A-ES-938
Estate. Affirms on interlocutory appeal the Hamilton Superior Court order denying Lisa Voltz’s and Donald L. Moster Jr.’s motion to void the marriage between Donald L. Moster Sr. and Rose M. Deschand. The trial court found insufficient evidence of a lack mental of physical and mental capacity for Donald Sr., and the trial court did not err in denying the motion.

Indiana Court of Appeals
Joel Barrozo v. State of Indiana
19A-CR-2037
Criminal. Vacates one of Joel Barrozo’s reckless driving convictions due to double jeopardy grounds. Remands to St. Joseph Superior Court with instructions to vacate one of those convictions and to resentence accordingly. However, affirms his remaining convictions for three counts of Level 5 felony reckless homicide, Class A misdemeanor reckless driving, and one count of Class A misdemeanor leaving the scene of an accident.

Indiana Court of Appeals
Bryan L. Flowers v. State of Indiana
19A-CR-322
Criminal. Affirms Bryan Flowers’ aggregate 85-year sentence for conviction of murder. Finds the Allen Superior Court did not abuse its discretion and that the sentence is not inappropriate based on the nature of the offense and Flowers’ character.

7^th Circuit Court of Appeals
Bruce Webster v. T. Watson
19-2683
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Affirms the Southern District Court’s decision vacating Bruce Webster’s death sentence based on a finding that he is intellectually disabled. Finds the district court’s findings contain no clear error.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Christopher Andre Vialva v. T. J. Watson, Warden, United States Penitentiary, Terre Haute
20-2710
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the denial of petition for writ of habeas corpus sought by Christopher Andre Vialva, thereby denying his request for a stay of execution. Finds Vialva has not established even a better-than-negligible chance of prevailing in his quest for another round of collateral review.

Indiana Court of Appeals
Michaele Schon and Neal Schon v. Mike Frantz, ESG Security, Inc., Allen County War Memorial Coliseum, and Live Nation Worldwide, Inc.
20A-CT-741
Civil tort. Affirms the grant of summary judgment in Allen Superior Court in favor of Allen County War Memorial Coliseum against claims brought by Michaele and Neal Schon for an alleged injury Michaele sustained during a Journey concert. Finds the trial court did not deprive the Schons of an opportunity to conduct additional discovery, that the coliseum is a political subdivision under the Indiana Tort Claims Act and is immune from liability under the ITCA.