Indiana Supreme Courtroom
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
Juvenile termination. Affirms Steuben Circuit Courtroom’s choice to confess drug check outcomes, discovering the outcomes match the information of a frequently carried out exercise exception pursuant to Indiana Proof Rule 803(6). Held Forensic Fluid Laboratories which carried out the checks on the mother and father does depend upon the information to function. Additionally, decided the information met the opposite indicia for reliability together with they’re topic to evaluation, audit or inside examine; the precision engendered by the repetition; and the truth that the individual furnishing the knowledge has an obligation to do it accurately.
Indiana Courtroom of Appeals
Erika Butler v. Symmergy Clinic
Civil assortment. Affirms the Marion Superior Courtroom’s order granting abstract judgment for Symmergy Clinic on Erika Butler’s breach of fiduciary obligation declare, however reverses the trial court docket’s order granting abstract judgment for Symmergy on its declare towards Butler and Butler’s counterclaims for fraud, unfair commerce observe and breach of contract. Finds real points of fabric truth exist relating to whether or not Symmergy fraudulently hid its inside workplace coverage of not billing the medical insurance carriers of bodily harm sufferers. Nevertheless, holds a fiduciary relationship didn’t exist between Butler and Symmergy on the time Butler contracted with Symmergy for remedy. Remands the matter for additional proceedings in step with the opinion.
Civil tort. Reverses the Marion Superior Courtroom’s grant of abstract judgment to Southside Animal Shelter, discovering it erred as a result of Southside had an obligation to tell the Browns of their adopted canine’s previous chew historical past and since there are points of fabric truth relating to whether or not Southside breached that obligation or proximately prompted Brooke Brown’s accidents. Remands for proceedings in step with the opinion.
Tommy Lee Weir v. State of Indiana (mem. dec.)
Prison. Affirms Tommy Weir’s conviction of Degree 5 felony home battery leading to bodily harm to a pregnant lady. Concludes that the admission of Rule 404(b) proof, most of which was struck by the Howard Superior Courtroom, didn’t deprive Weir of a good trial and any error was innocent.
D L v. State of Indiana (mem. dec.)
Juvenile. Affirms D.L.’s placement within the Division of Correction after his adjudication as a delinquent for committing acts that, if dedicated by an grownup, could be Degree 6 felony auto theft and Degree 6 felony resisting regulation enforcement. Finds the proof helps the Allen Superior Courtroom’s choice that the DOC was the very best obtainable placement for D.L. and that the trial court docket didn’t abuse its discretion when it positioned him within the DOC.