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Opinions February 21, 2022 – The Indiana Advocate

Indiana Court of Appeals
Bhaktavatsala R. Apuri, MD v Parkview Health System, Inc., Parkview Hospital, Inc. and Roy Robertson, MD
21A-PL-591
Civil Plenary. Affirms the grant of summary judgment to Parkview Health System Inc., Parkview Hospital Inc. and Dr. Roy Robertson on a claim for breach of contract, willful interference with a business relationship and willful interference with a contract filed by the Dr Bhaktavatsala Apuri. Finds Apuri failed to point to evidence of a material factual dispute over whether he can overcome the presumption of adequate notice and hearing procedures, and the Allen Superior Court correctly determined that the requirement for proper notice and hearing procedures was deemed satisfied. Also finds that the respondents were immune from suit for Apuri’s claims, so the trial court correctly concluded that they were entitled to a judgment at law.

Josh Weathersby v. State of Indiana (dec. memorial)
21A-CR-1464
Criminal. Upholds and reverses in part the imposition of charges against Josh Weathersby following his conviction for breaking and entering a residence as a felony level 6, criminal trespassing as a misdemeanor class A, interfering with the reporting of a felony as a Class A Misdemeanor and invasion of privacy as a Class A Misdemeanor. Finds that the Marion Superior Court inquired about Weathersby’s indigence during the sentencing hearing , but returns to clarify the sliding scale of community correction fees.

Lawrence E. Kellogg c. Mary C. Reynard (dec. thesis)
21A-DN-1466
Domestic relations, no children. Confirms division of marital property following dissolution of Lawrence E. Kellogg’s marriage to Mary C. Reynard. Finds that the Jay Circuit Court did not abuse its discretion in finding that Kellogg failed to rebut the presumption of equal division of matrimonial property.

William Dean Robinson v. State of Indiana (dec. memorial)
21A-CR-1819
Criminal. Confirms William Dean Robinson’s convictions for rape and sexual assault and his sentence to a total of 18 years. Finds there was enough evidence to support Robinson’s convictions. Also finds that the sentence is not inappropriate given the nature of the offenses and Robinson’s personality.

Adam Lee Howard v. Indiana State (dec. brief)
21A-CR-1804
Criminal. Confirms the revocation of Adam Lee Howard’s probation. Finds the state presented sufficient evidence that Howard violated his probation. Also finds that the Decatur Superior Court did not abuse its discretion in revoking Howard’s probation.