Monday, February 09, 2015
Ind. Decisions - Court of Appeals issues 3 opinion today (and 7 NFP memorandum decisions)
For publication opinions today (3):
In In Re: The Marriage of: Meleeka Clary-Ghosh v. Michael Ghosh, a 16-page opinion, Judge Barnes writes:
Meleeka Clary-Ghosh appeals the trial court’s modification of parenting time and child support, the award of attorney fees to her ex-husband, Michael Ghosh, as a sanction for contempt, and the denial of her request for the appointment of a parenting time coordinator. * * *In Jamie Thomson v. Saint Joseph Regional Medical Center and Michael Borkowski, M.D., a 14-page opinion, Judge Baker writes:
Meleeka has not established that the trial court abused its discretion by modifying her parenting time, by imputing income to her, by finding her in contempt and requiring her to pay a portion of Michael’s attorney fees, or by denying her request to appoint a parenting time coordinator. We affirm.
Jamie Thomson appeals the entry of summary judgment in favor of defendants St. Joseph Regional Medical Center and Michael Borkowski. Thomson claims to have suffered an injury to the nerves in her shoulder and arm when a board supporting her arm became detached during surgery, leaving her arm dangling towards the floor for an unknown period of time. A medical review panel determined that neither defendant failed to meet the applicable standard of care and that neither defendants’ actions were the proximate cause of Thomson’s injury. We find that, given the nature of this case, Thomson was not required to present expert testimony to rebut the panel’s conclusion as to either defendant’s failure to meet the standard of care. We also find that the expert testimony Thomson presented was sufficient to rebut the panel’s conclusion as to causation. Accordingly, we reverse and remand for further proceedings.In Shane L. Keller v. State of Indiana, a 26-page opinion, Judge Kirsch writes:
Shane L. Keller was convicted following a jury trial of two counts of Class B felony burglary, one count of Class C felony burglary, three counts of Class D felony theft, and two counts of Class D felony receiving stolen property. The trial court sentenced Keller to maximum sentences on each of the eight convictions to run concurrently with one another, for an aggregate of twenty years executed. After Keller admitted to being a habitual offender, the trial court imposed a thirty-year enhancement to Count I, a Class B felony burglary conviction, for a total executed sentence of fifty years. Keller appeals his convictions and his sentence raising the following reordered and restated issues:NFP civil decisions today (2):
I. Whether the trial court abused its discretion when it admitted and excluded certain evidence;
II. Whether the trial court abused its discretion in instructing the jury regarding the definition of “dwelling” for the purpose of convicting Keller of Class B felony burglary; and
III. Whether Keller’s convictions and sentences for theft and receiving stolen property violate the prohibition against double jeopardy.
We affirm in part, reverse in part, and remand for resentencing.
NFP criminal decisions today (5):
Posted by Marcia Oddi on February 9, 2015 10:16 AM
Posted to Ind. App.Ct. Decisions