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Wednesday, February 04, 2015

Ind. Decisions - Court of Appeals issues 3 opinion today (and 5 NFP memorandum decisions)

For publication opinions today (3):

In Community Anesthesia & Pain Treatment, L.L.C., v. St. Mary Medical Center, Inc., a 24-page opinion, Judge Brown writes:

Community Anesthesia & Pain Treatment, LLC, (“CAPT”) appeals the trial court’s order entering summary judgment in favor of St. Mary Medical Center, Inc., (“SMMC”) with respect to Count I of SMMC’s complaint and Counts II and III of CAPT’s counterclaim. CAPT raises three issues which we consolidate and restate as whether the trial court erred in entering summary judgment in favor of SMMC. We affirm. * * *

Because we conclude that the trial court did not err in entering summary judgment in favor of SMMC on the reconciliation issue and locum tenens issue, we conclude that the provision in the Termination Agreement in which CAPT agreed to release Dr. Seshadri in exchange for SMMC paying CAPT $100,000 is enforceable.5 Thus, we cannot say that the trial court erred in granting summary judgment to SMMC on this issue.

In Loren H. Fry v. State of Indiana, a 23-page opinion, Sr. Judge Sharpnack writes
A jury determined that Loren H. Fry shot and killed his neighbor David Schroder. Fry appeals his conviction of murder, a felony. Ind. Code § 35-42-1-1 (2007). He challenges the trial court’s evidentiary rulings, the prosecutor’s conduct during trial, the denial of his motions for directed verdict, and the court’s rejection of one of his proposed jury instructions. We affirm.
In Chad A. Madden v. State of Indiana, an 18-page, 2-1 opinion, Judge Mathias writes:
Chad A. Madden (“Madden”) appeals the order of the Jefferson Superior Court denying his motion to correct error which claimed that the trial court had improperly delegated to the Community Corrections program the authority to decide whether Madden should be subject to electronic monitoring. * * *

The trial court’s order modifying Madden’s sentence and imposing conditions of probation did not improperly delegate the trial court’s authority to Community Corrections, nor did the trial court’s order deprive Madden of procedural due process. Affirmed.

Crone, J., concurs.
Riley, J., dissents with opinion. [ which begins on p. 13] I disagree with the majority that the trial court did not improperly delegate its authority to Community Corrections to determine whether, and for what duration, Madden should be subject to electronic monitoring—i.e., home detention—as a condition of his probation. Therefore, I respectfully dissent.

NFP civil decisions today (0):

NFP criminal decisions today (5):

George Layton v. State of Indiana (mem. dec.)

Glenn Beard v. State of Indiana (mem. dec.)

Jason E. Morales v. State of Indiana (mem. dec.)

Elwin Hart v. State of Indiana (mem. dec.)

Jerome Sumlin v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on February 4, 2015 01:28 PM
Posted to Ind. App.Ct. Decisions