Opinions

Indiana Court of Appeals
John P. Hampton v. Audie Barber
20A-MI-143
Miscellaneous. Affirms the Delaware Circuit Court’s order granting Audie Barber’s request for a permanent injunction following his complaint for ouster of an unlawful office holder in which the court concluded that Muncie City Councilman John P. Hampton is ineligible to hold a seat on the council under Indiana Code Section 3-5-8-1(e). Finds the evidence supports the trial court’s finding that Barber has a special interest in the city council seat, and that finding supports the court’s conclusion that Barber had standing to file the complaint against Hampton. Also finds that Hampton has waived for review the issue of whether Indiana Code Section 3-8-1- 5(e)(3) violates Article 1, Section 23 of the Indiana Constitution as applied to him.

Indiana Court of Appeals
Judy Reece v. Tyson Fresh Meats, Inc., et al.
20A-CT-214
Civil tort. Majority affirms the grant of summary judgment in favor of Tyson Fresh Meats Inc. and Tyson Foods Inc. in a lawsuit alleging that tall grass on its property obstructed the view of an intersection before a crash in which a motorcyclist sustained catastrophic brain injuries. Finds Tyson negated the element of duty in Reece’s negligence claim. Senior Judge John Baker dissents, finding multiple issues of fact rendering summary judgment inappropriate, and would consequently reverse and remand for proceedings. Unanimously affirms the trial court’s evidentiary rulings.

The following Supreme Court opinions were posted after IL deadline Tuesday:
Jordan B. Wadle v. State of Indiana
19S-CR-340
Criminal. Affirms and reverses in part Jordan Wadle’s convictions of Level 3 felony leaving the scene of an accident, Level 5 felony operating a vehicle while intoxicated causing serious bodily injury and Level 6 felony counts of OWI endangering a person and OWI with a blood-alcohol concentration of 0.08 or more, and his 16-year sentence with two years suspended to probation. Overrules the Richardson v. State constitutional tests in resolving claims of substantive double jeopardy and instead adopts an analytical framework that applies the statutory rules of double jeopardy. Finds the statutory offenses charged against Wadle were alternative sanctions, so his multiple convictions violate the statutory rules of substantive double jeopardy. Also finds Wadle’s conviction of Level 3 felony leaving the scene of an accident justifies his sentence. Remands for Fayette Superior Court to vacate all but one of Wadle’s convictions, Level 3 felony leaving the scene of the accident, and to leave his sentence in place.

Indiana Court of Appeals
Victoria V. Arrowood v. State of Indiana
20A-CR-667
Criminal. Affirms the revocation of Victoria Arrowood’s placement in community corrections home detention and the order that she serve the remainder of her sentence in the Department of Correction. Finds that because the revocation of probation or placement in community corrections is civil, not criminal, in nature, Article 1, Section 13 of the Indiana Constitution is inapplicable. Also finds Arrowood was not denied her right to counsel.

Indiana Court of Appeals
Judy Vigus, as Administratrix of the Estate of Ruth C. Vigus and the Estate of Eugene Vigus v. Dinner Theater of Indiana, L.P.
19A-CT-1365
Civil tort. Affirms the Marion Superior Court’s judgment for Dinner Theater of Indiana L.P. following a jury trial on Judy Vigus’s complaint alleging negligence as administratrix of the Estates of Ruth C. Vigus and Eugene Vigus. Finds the trial court did not abuse its discretion when it revoked its pretrial order on a judicial admission or when it excluded evidence of communications between the theater’s owners that they would seek a variance in the riser’s height rather than reduce that height. Also finds Vigus has not preserved for review her contention on appeal that the trial court erred when it did not instruct the jury that the theater had made a judicial admission of a building code violation.

Indiana Court of Appeals
Kenneth Lavar Lancaster v. State of Indiana
19A-CR-02970
Criminal. Affirms Kenneth Lancaster’s convictions of three counts of murder. Finds the Marion Superior Court did not err by finding that the statement of Lancaster’s brother was admissible as an adoptive admission. Neither did it err in adding the second statement made by Lancaster, which it found to be plainly admissible. Also finds sufficient evidence to support the convictions. Lastly, finds that the trial court did not err in the sentencing process.

Indiana Court of Appeals
Tyson Daishan Lamonte King v. State of Indiana
20A-CR-6
Criminal. Reverses Tyson King’s conviction in Marshall Superior Court of Class A misdemeanor driving while suspended. Finds in deciding an issue of first impression that King’s driver’s license was not suspended when he was pulled over at approximately 11:30 a.m. on Oct. 24, 2018, because his suspension expired at 12:01 a.m. that same day.

Indiana Court of Appeals
Culver Community Teachers Association, et al. v. Indiana Education Employment Relations Board
19A-PL-2989
Civil plenary. Reverses the Marion Superior Court’s denial of the Culver Community Teachers Association, Decatur County Education Association, Smith-Green Community Schools Classroom Teachers Association, and West Clark Teachers Association’s joint verified petition for judicial review of the Indiana Education Employment Relations Board’s final decisions regarding their respective collective bargaining agreements. Finds the trial court erred in denying the Teachers Associations’ petition for judicial review. Remands to the IEERB with instructions to adopt the ratified contracts. Judge Patricia Riley dissents with a separate opinion.

Indiana Court of Appeals
Susan Mwangi and Joe Mwangi v. Nicholas Bobelinski and Classic Seamless Gutter, Inc. (mem. dec.)
20A-CT-528
Civil tort. Affirms the entry of summary judgment in favor of Nicholas Bobelinski and Classic Seamless Gutter, Inc. against Susan and Joe Mwangi. Finds no abuse of discretion in the St. Joseph Superior Court’s denial of Susan’s requests to continue the trial to secure counsel. Also finds that Susan was not denied her day in court and that the trial court did not clearly err in dismissing the action.

Indiana Court of Appeals
Shannon Murphy v. Indiana State University and Nick D. Pledger
20A-CT-313
Civil tort. Affirms the Vigo Superior Court’s entry of summary judgment in favor of Indiana State University related to a former student Shannon Murphy’s lawsuit seeking damages over a campus locker room voyeurism case. Finds that Murphy did not substantially comply with the notice requirements of the Indiana Tort Claims Act and that the trial court properly granted ISU’s motion for summary judgment.

Indiana Court of Appeals
Larry Tabb v. State of Indiana (mem. dec.)
18A-PC-1364
Post conviction. Affirms the denial of Larry Tab’s petition for post-conviction relief. Finds a majority of Tabb’s issues are waived because he did not make cogent arguments on appeal. Finds Tabb has not demonstrated the Porter Superior Court erred by denying his petition for post-conviction relief.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Karen Vaughn v. Jennifer Walthall
19-1244
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus‐Stinson.
Civil. Reverses a grant of summary judgment and an injunction in favor of Karen Vaughn that required the state of Indiana to pay the costs of her necessary around-the-clock home-based health care not reimbursed by Medicaid. Finds Vaughn is entitled to care only to the extent that, working with the state, she can craft a program that complies with federal and state law and does not deprive Indiana of the ability to receive its share of federal reimbursement through the Medicaid program for services provided. Remands for proceedings.

The following 7^th Circuit Court of Appeals opinion was posted after IL Deadline Tuesday:
John Myers v. Ron Neal
19-3158
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Reverses the order granting John Myers’ petition for a writ of habeas corpus and reinstates his murder conviction in the 2000 death of Indiana University student Jill Behrman. Finds that the district court correctly held that Myers’ counsel was deficient, but determines that deficiency was not prejudicial in light of the strength of the state’s case against Myers separate and apart from those errors.

Indiana Supreme Court
State of Indiana v. Samuel E. Vande Brake
20S-CR-499
Criminal. Affirms the Tippecanoe Superior Court’s dismissal of the State of Indiana’s firearm enhancement sought against Samuel Vande Brake. Finds the state failed to meet its burden to show that the trial court’s implied finding of waiver and subsequent sua sponte dismissal of the firearm enhancement were contrary to law.

7^th Circuit Court of Appeals
In re: RYZE Claims Solutions, LLC
19-2930
Petition for writ of mandamus from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Grants RYZE Claims Solutions LLC’s petition for a writ of mandamus directing the Indiana Southern District Court to request that the Eastern District of California transfer RYZE’s action back to the Southern District of Indiana. Finds the district court deviated substantially from the methodological course of decision‐making mandated by the Supreme Court of the United States. Also finds this is not the exceptional or unusual case that would justify giving controlling weight to factors other than the forum‐selection clause.

Indiana Court of Appeals
Shawn G. Willet v. State of Indiana
19A-CR-2699
Criminal. Affirms the Elkhart Superior Court’s denial of Shawn Willet’s pro se “motion to dismiss sentence time served,” finding that Willet’s sentence for conviction of three counts of Class B felony sexual misconduct with a minor has not expired. Majority judges Margret Robb and Melissa May hold that Willet’s motion is treated as a petition for writ of habeas corpus. Judge Nancy Vaidik concurs in result with a separate opinion, but holds that the petition should be treated as a petition for post-conviction relief.

Indiana Court of Appeals
Michael Scott Parker v. State of Indiana
20A-CR-315
Criminal. Affirms Michael Parker’s conviction for Level 3 felony dealing in methamphetamine and Class C misdemeanor operating a motor vehicle without ever receiving a license. Finds the Tippecanoe Superior Court did not abuse its discretion in admitting certain Facebook messages.

Indiana Court of Appeals
In the Adoption of K.H., D.R. v. M.M. and C.M.
20A-AD-337
Affirms the Vanderburgh Superior Court’s adoption decree. Holds that biological father D.R. has not met his burden to overcome the presumption the trial court’s decision is correct or that the evidence leads to but one conclusion and the trial court reached the opposite conclusion.

Indiana Court of Appeals
Sanders Kennels, Inc. v. Gary Lane
20A-CC-675
Civil collection. Affirms the Marion Superior Court’s denial of Sanders Kennels Inc.’s motion for relief from judgment against Gary Lane, who sued Sanders Kennels for breach of contract, fraud, theft and conversion. Concludes that the trial court had specific personal jurisdiction over Sanders Kennels as matter of law, and therefore Sanders Kennels has failed to establish that the trial court erred in denying its motion to dismiss. Also finds that the trial court did not abuse its discretion in denying his motion to correct error.

Indiana Court of Appeals
ShermansTravel Media, LLC v. Gen3Ventures, LLC
19A-PL-3024
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment in favor of Gen3Ventures, LLC against ShermansTravel Media, LLC. Finds the question of whether Shermans substantially performed its obligations under the parties’ settlement agreement is a disputed issue of material fact. Remands for further proceedings. Judge Elaine Brown concurs with a separate opinion. Judge Terry Crone dissents with a separate opinion.