Opinions January 23, 2023 – The Indiana Lawyer

Indiana Court of Appeals
Megan M. Smith v. Indiana State (Mem. Dec.)
Criminal. Upholds Megan M. Smith’s Class A misdemeanor domestic misdemeanor and Class A privacy violation convictions. Finds Smith did not maintain her argument that the Knox Superior Court could not, nor did, consider the record of the protective order proceedings fundamental error on this issue. The state also finds sufficient evidence presented.

Evan B. Jackson, as Personal Representative of Spencer A. Jackson’s Estate v. SPC Leasing, Sam Pierce, Sam Pierce Chevrolet, Inc., a Domestic For-Profit Corp., Talco Aviation Corporation d/b/a Rajay Turbo Products (mem . dec.)
civil offence. Overturns the dismissal of the Estate of Spencer A. Jackson’s amended complaint under Indiana Trial Rule 12(B)(6) and the subsequent denial of the Estate’s motion to vacate the dismissal/motion to correct the error. Finds that the Delaware Circuit Court erred in filing the estate’s second amended complaint, which was filed in time when the court dismissed its first amended complaint. Also notes that the Estate timely filed their claims under the Adult Wrongful Death Statute. Finally, in its second amendment action, the estate finds the estate’s claims under the Survival Act not statute-barred. Pre-trial detention for further proceedings.

State of Indiana and Indiana Department of Transportation v. Estate of Joseph W. Quick, Sr., Cathleen Quick, Joseph Quick and Jason Quick (mem. dec.)
civil offence. Overturns the denials of the State of Indiana and the Indiana Department of Transportation’s motion for summary judgment. Finds that the St. Joseph Circuit Court erred in denying the state’s motion for summary judgment because the state was not legally liable. Pre-trial detention with instructions to grant the state application.

Leroy D. Garham, Jr. v. Indiana State (mem. dec.)
Criminal. Confirms the attempted murder conviction of Leroy D. Graham Jr. and his sentence to 38 years in the Correctional Facility. Notes that Graham didn’t keep his Batson Challenged for appellate review, but the state also provided racially neutral grounds for hitting would-be Juror 47. Also notes that the state has presented sufficient evidence to refute Graham’s claim of self-defense. Finally, Graham’s sentence does not find inappropriate.

Jamee M. Ferro vs. Ryan Ronald Beheyt (mem. dec.)
teenage fatherhood. Confirms order to transfer custody of child from mother Jamee Ferro to father Ryan Ronald Beheyt. Notes that St. Joseph Superior Court held an evidentiary hearing and the records support the court’s ruling.