Brent Carey sued his physical therapist for malpractice arising out of his treatment after an auto accident. The trial court granted summary judgment for the therapist, and we affirm because Carey did not designate evidence the therapy was a proximate cause of his injury.1... FACTS AND PROCEDURAL HISTORY... Carey was injured in an automobile accident, for which he received settlement monies from the original tortfeasor.2 Due to his injuries, his doctor referred him to Stephen Connelly, a...  

Case Summary... Francisco J. Ramirez appeals his conviction for Class A misdemeanor operating a vehicle while intoxicated. Ramirez was arrested for drunk driving and failed a chemical breath test. At trial, the State introduced Ramirez's breath test results as well as a certificate of compliance verifying routine inspection of the breath test equipment. The official who had inspected the equipment and prepared the inspection certificate did not testify. Ramirez argues that the admission of the...  

STATEMENT OF THE CASE... Robert L. Gosha appeals the trial court's denial of his motion to correct error. Gosha presents a single issue for our review, namely, whether he was denied the right to due process when his participation in a Drug Court Program was terminated without the court first affording him notice of a hearing and the right to present evidence and cross-examine witnesses at that hearing. The State concedes that Gosha was denied his right to due process and requests that we remand...  

The Worker's Compensation Act provides that if an employee has received worker's compensation benefits and then recovers damages from a third party for the same injury, the employee is to reimburse the amount of benefits. The trial court held that under the instructions in this case the jury had already deducted the amount of worker's compensation payments from its award and there was therefore no recovery for injuries previously covered by worker's compensation. The Court of Appeals reversed,...  

Donald T. Shell ("Shell") was convicted in Madison Superior Court of Class B felony possession of a firearm by a serious violent felon, Class D felony possession of marijuana, Class D felony maintaining a common nuisance, and two counts of Class D felony possession of a controlled substance, and sentenced to an aggregate term of eighteen years. Shell appeals and presents three issues, which we restate as:... I. Whether the trial court erred in admitting evidence obtained as a result of...  

Contrasting opinions of the Court of Appeals have disagreed about the manner and extent of consideration to be given to the suspended portion of a sentence upon appellate review. To resolve this conflict, we granted transfer and hold that appellate review under Indiana Appellate... ... ... Rule 7 may include consideration of the totality of the penal consequences found in a trial court's sentence... The defendant was convicted of Auto Theft, a class D felony, and Resisting Law Enforcement, a...  

Susan Kozlowski appeals the denial of her motion for summary judgment regarding her claims against Dordija and Lana Dordieski (the "Dordieskis"), Jon and Liberty Bruskoski (the "Bruskoskis," and the Dordieskis and the Bruskoskis together, the "Owners"), and the Lake County Plan Commission (the "Commission"). Kozlowski raises one issue, which we revise and restate as whether the trial court erred in denying her motion for summary judgment. The Owners raise the...  

We hold that a trial court has no authority to grant an extension of time to file the record in a petition for review of an administrative agency action under the Indiana Administrative... ... ... Orders and Procedures Act if the record is not filed within the required statutory period or any authorized extension of this period... Facts and Procedural History1... After her husband's death in 2001, Alice Meyer formed the Alice V. Meyer Trust for the benefit of her descendents and gave the Trust...  

Case Summary... Spencer Wiggins appeals the trial court's denial of his motion to remove his status as a sexually violent predator. We affirm... Issue... Wiggins raises four issues, which we consolidate and restate as whether the trial court properly denied his motion to remove his status as a sexually violent predator... Facts... In 1995, the State charged Wiggins with several offenses. On January 6, 1996, a jury found Wiggins guilty of attempted murder as a Class A felony, rape as a Class A...  

Case Summary... Stuart Clampitt appeals his status as a sexually violent predator ("SVP"). We affirm... Issue... Clampitt raises one issue, which we restate as whether the trial court properly denied his motion to remove his SVP status... Facts1... In 1995, then twenty-two-year-old Clampitt engaged in a sexual relationship with fifteen-year-old M.M. As a result of this relationship, in 1996, Clampitt was convicted of Class C felony child molesting in Hendricks County, Class C felony...  

STATEMENT OF THE CASE... Appellant-Respondent, Jerry J. Alexander (Jerry) appeals the trial court`s amended disposition decree issued pursuant to the dissolution of his marriage to AppelleeP-etitioner, Susan C. Alexander (Susan), and Susan cross-appeals... We affirm in part, and remand for further proceedings... ISSUES... Jerry presents three issues for our review, which we restate as the following issue: Whether the trial court abused its discretion or committed clear error when valuing the...  

Appellant-Defendant Samantha Light was convicted, pursuant to a guilty plea, of three counts of Class A felony Child Molesting1 for which she received an aggregate sentence of 125 years in the Department of Correction. Upon appeal Light contends that her sentence is inappropriate in light of her character and the nature of her offenses. Concluding that Light's 125-year term does not fall outside a reasonable sentencing range and that enhanced consecutive sentences are not inappropriate under...  

The State of Indiana appeals the trial court's grant of a motion to suppress filed by James Sitts. The State raises one issue, which we revise and restate as whether the trial court erred by granting Sitts's motion to suppress evidence obtained pursuant to a traffic stop of Sitts's car. We affirm... The facts most favorable to the trial court's ruling follow. On June 4, 2008, Officer Dennis McCann of the Fort Wayne Police Department heard a dispatch that "a female was following a pick-up...  

STATEMENT OF THE CASE... Appellant-Respondent, Porter County Board of Zoning Appeals (BZA or Board), appeals the trial court's grant of Appellee-Petitioner's, SBA Towers II, LLC (SBA), Verified Petition for a Writ of Certiorari requesting the trial court to award it a Special Exception for the construction of a wireless communications tower and accompanying equipment cabinets... We affirm... ISSUE... The BZA raises one issue on appeal which we restate as: Whether the trial court erred in...  

We hold that a defendant's statements made to a victim or to the court in an effort to gain acceptance of a plea agreement by the court are statements in connection with a plea agreement and therefore are not admissible in evidence pursuant to Evidence Rule 410. In this case the defendant's letter of apology to a victim was admitted at his trial after a plea agreement was rejected. This was error but under the facts of this case the error was harmless... ... ... Facts and Procedural History......  

Case Summary... In the fourth appeal in this case, Bonita G. Hilliard, in her capacity as Trustee of the H. David and Bonita G. Hilliard Living Trust, appeals the trial court's dismissal of Timothy E. Jacobs' counterclaim, which was the last pending claim in litigation involving two insurance policies on the life of Hilliard's husband David worth a total of $2.5 million. Finding that the trial court did not abuse its discretion by denying her leave to file a third amended complaint, striking...  

At the outset of riverboat gambling in this state, the Indiana Gaming Commission issued a license for operation of a boat at East Chicago. It incorporated as a condition of this license the terms of a local economic development agreement between the operator and the City of East Chicago, with the result that certain gaming revenue flowed from the operator to several local entities. During its 2007 session, the Indiana General Assembly enacted a provision declaring that if the license at East...  

Appellant/Plaintiff Bruce Adkins appeals the trial court's order granting summary judgment in favor of Appellee/Defendant Vigilant Insurance Company ("Vigilant"). On appeal, Adkins asserts that the trial court erred in granting summary judgment in favor of Vigilant. Concluding that the trial court did not err in granting summary judgment in favor of Vigilant, we affirm... I. FACTS AND PROCEDURAL HISTORY1... On February 15, 2005, Bruce Adkins was operating a 1991 Kubota tractor along...  

Following a jury trial, Jeffery L. Sloan was convicted of two counts of child molesting, one as a Class A felony1 and the other as a Class C felony.2 On appeal, he raises three issues; however, we find the following two restated issues to be dispositive:... I. Whether the trial court abused its discretion when it denied Sloan's pretrial motion to dismiss the Class C felony child molesting charge because it was filed beyond the applicable five-year statute of limitations; and... II. Whether the...  

Case Summary and Issues... Helen Kay Hudson, as guardian of Donna Phillips, appeals the trial court's orders denying her petition to revoke the Ollie H. Phillips and Donna K. Phillips Joint Revocable Living Trust (the "Joint Trust") and ordering the guardianship to pay the attorney fees of trustee Elizabeth Shoemaker. For our review, Hudson raises two issues: 1) whether the trial court erred by denying Hudson's petition to revoke the Joint Trust; and 2) whether the trial court abused...