Opinions

Opinions Sept. 6, 2016

September 6, 2016
Indiana Court of Appeals
Brian W. Ellison v. State of Indiana (mem. dec.)
92A05-1604-CR-964
Criminal. Affirms Ellison’s designation as a credit-restricted felon. Finds sufficient evidence to support the trial court’s determination that Ellison molested A.E. on or after July 1, 2008, the effective date of the credit-restricted felon statute.
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Opinions Sept. 2, 2016

September 2, 2016
Indiana Court of Appeals
In the Matter of the Commitment of H.F. v. Eskenazi Health/Midtown Clinic (mem. dec.)
49A02-1602-MH-335
Mental health. Affirms order for temporary involuntary civil commitment, not to exceed 90 days. 
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Opinions Sept. 1, 2016

September 1, 2016
Indiana Supreme Court
In the Matter of: Harold E. Bean
49S00-1601-DI-2
Discipline. Disbars Bean for engaging in attorney misconduct while the elected clerk-treasurer of the town of Warren Park. He pleaded guilty to theft and official misconduct as Class D felonies after writing dozens of checks to himself from town funds.
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Opinions Aug. 31, 2016

August 31, 2016
Indiana Court of Appeals
George P. Broadbent, and Plainfield Village, LP v. Fifth Third Bank
32A01-1602-MF-345
Mortgage foreclosure. Affirms summary judgment for the bank. The trial court properly interpreted the guaranties of the contract and applied the guaranties’ terms to calculate Broadbent’s liability.
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Opinions Aug. 30, 2016

August 30, 2016
Indiana Court of Appeals
In re the Paternity of: L.S., Chen Su v. James Lowe (mem. dec.)
49A02-1512-JP-2196
Juvenile. Affirms order modifying custody of L.S. to sole legal custody of father, parenting time and child support.
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Opinions Aug. 29, 2016

August 29, 2016
Indiana Supreme Court
Michael Day v. State of Indiana
24S05-1606-CR-358
Criminal. Affirms Day’s disorderly conduct conviction. Concludes that the “fighting” subsection of the disorderly conduct statute does not contain a public disturbance element but does require a physical altercation. His intentional spitting provided sufficient evidence of a physical altercation.
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Opinions Aug. 26, 2016

August 26, 2016
Indiana Court of Appeals
Dorothy Williams v. State of Indiana
46A03-1511-CR-1913
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct. Finds the state’s impairment of Williams’ speech was constitutional because it was rational and her speech was politically ambiguous for purposes of an Article I, Section 9 affirmative defense.
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Opinions Aug. 25, 2016

August 25, 2016
Indiana Court of Appeals
In re the Scott David Hurwich 1986 Irrevocable Trust Scott D. Hurwich v. Stacey R. MacDonald
71A03-1602-TR-301
Trust. Reverses the probate court’s order dismissing Hurwich’s complaint. Hurwich’s appeal was timely filed and dismissal of his complaint was not appropriate. Specific factual support is not required under Indiana Trial Rule 8(A) as factual specifics may not be available until discovery is made.
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Opinions Aug. 24, 2016

August 24, 2016
Indiana Court of Appeals
Christopher Compton v. State of Indiana
82A01-1511-CR-1997
Criminal. Affirms conviction of three counts of felony murder and the finding that Compton is a habitual offender. The trial court did not deprive Compton of due process when it allowed the media to tweet live updates of his trial from the courtroom, nor did it err in admitting evidence of Compton’s incriminatory statements. Calls for guidance on social media use during criminal trials.
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Opinions Aug. 23, 2016

August 23, 2016

Indiana Supreme Court
Kristy Burnell v. State of Indiana
29S02-1512-CR-707
Criminal. Affirms trial court decision to not terminate license suspension. Holds a refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test. Burnell has the burden of demonstrating the evidence shows her license suspension by the BMV should be overturned, and she did not carry this burden.

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Opinions Aug. 22, 2016

August 22, 2016
Indiana Court of Appeals
Douglas M. Curtis v. State of Indiana
49A02-1512-CR-2293
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. Because the apartment complex where Curtis had been living with his father provided him a 48-hour grace period to remove his property and Curtis was arrested while in the process of gathering his personal belongings, there was insufficient evidence to support the conviction.
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Opinions Aug. 19, 2016

August 19, 2016
Indiana Court of Appeals
Amir Basic and Gerard Arthus v. Numan A. Amouri, Mohamad H. Mohajeri, Mohammad Aslam Chaudhry, Adnan Khan, Imdad Zackariya, Mohammad Sirajuddin, Sarah Shaikh, Aijaz Shaikh, Ismail Al-Ani, et al.
71A03-1510-PL-1820
Civil plenary. Affirms trial court findings that it lacked subject matter jurisdiction, appellants lacked standing and its decision to quash certain subpoenas in a dispute brought against the imam of the Islamic Society of Michiana Inc., by a Amir Basic, a member of the board of directors and trustees, after he was removed. Finds Basic and Gerard Arthus acted in procedural bad faith. Grants appellees’ request for damages and remands to the trial court for a determination of those damages.
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Opinions Aug. 18, 2016

August 18, 2016
Indiana Court of Appeals
J.B. Hunt Transport, Inc., and Terry L. Brown, Jr. v. The Guardianship of Kristen Zak
45A03-1506-CT-670
Civil tort. Affirms jury verdict in favor of the guardianship of Kristen Zak on the guardianship’s negligence claim. Zak’s vehicle slid on snowy conditions on I-65 and crashed into a J.B. Hunt semi that had jackknifed an hour prior. Finds there were multiple questions of fact that needed to be answered by a jury and there is no basis on which to second-guess the jury. There are also no questions of law warranting reversal.
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Opinions Aug. 17, 2016

August 17, 2016
Indiana Court of Appeals
Robert Weathers v. State of Indiana
49A04-1601-CR-3
Criminal. Affirms Level 5 felony possession of a handgun without a license conviction. The trial court did not abuse its discretion in admitting the handgun at trial, which was found after a warrantless inventory search of Weathers’ vehicle after he was stopped and arrested for driving without a license.
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Opinions Aug. 16, 2016

August 16, 2016
Indiana Supreme Court
In Re the Involuntary Termination of the Parent-Child Relationship of R.S., (Minor Child), and R.S. (Father) v. Marion County Department of Child Services and Child Advocates, Inc.
49S04-1606-JT-350
Juvenile. Reverses termination of father’s parental rights. The trial court’s findings do not clearly and convincingly support its conclusion that termination of father’s parental rights is in the best interests of the son.
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Opinions Aug. 15, 2016

August 15, 2016
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Darrell L. Duncan
15-3485
Appeal from U.S. District Court, Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Holds that a conviction for robbery under the Indiana statute qualifies under the still-valid elements clause of the Armed Career Criminal Act definition of violent felony. Robbery by placing a person in fear of bodily injury under Indiana law involves an explicit or implicit threat of physical force and therefore qualifies as a violent felony under 18 U.S.C. Section 924(e)(2)(B)(i.)
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Opinions Aug. 12, 2016

August 12, 2016
Indiana Court of Appeals
Bryan Modglin v. State of Indiana (mem. dec.)
18A02-1512-CR-2113
Criminal. Affirms convictions of Class A felony attempted murder, Class C felony battery resulting in serious bodily injury, Class D felony battery resulting in bodily injury and Class A misdemeanor battery.
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Opinions Aug. 11, 2016

August 11, 2016
The following opinions were posted after IL deadline Wednesday:
7th Circuit Court of Appeals

Alphonse D. Owens v. LVNV Funding, LLC; Joshua Birtchman v. LVNV Funding LLC, et al.
15-2044, 15-2082, 15-2109
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms in the three cases the District Court’s grant of the defendant debt collector’s motion to dismiss lawsuits alleging that the act of filing a proof of claim on a stale debt violates the Fair Debt Collection Practices Act. The plaintiffs had not stated claims for relief under the Act. Chief Judge Diane Wood dissents.
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Opinions Aug. 10, 2016

August 10, 2016
Indiana Court of Appeals
Peter Aghimien and Mable Aghimien v. Mark Fox (mem. dec.)
71A03-1602-CT-291
Civil tort. Affirms denial of the Aghimiens’ motion for summary judgment and the grant of Fox’s motion for summary judgment on the Aghimiens’ lawsuit claiming defamation, tortious interference with a business relationship, intentional infliction of emotional distress and loss of consortium.
 

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Opinions Aug. 9, 2016

August 9, 2016
Indiana Court of Appeals
Edgardo A. Henriquez v. State of Indiana
20A04-1510-CR-1841
Criminal. Majority affirms Edgardo A. Henriquez’s conviction and 30-year executed sentence for Class A felony child molesting, finding that he was not harmed by the trial court’s failure to advise him of his earliest and latest possible release dates pursuant to Indiana Code 35-38-1-1(b).Urges the Legislature to revisit the statute which the panel found imposes an impracticable burden on trial courts. Judge John Baker dissents and would affirm the conviction and remand to the trial court to include the statutorily required advisement in a new sentencing order.
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Opinions Aug. 5, 2016

August 5, 2016
Indiana Court of Appeals
Jason Dean Hubbell v. State of Indiana
03A01-1511-PC-1927
Post conviction. Reverses denial of a petition for post-conviction relief. Hubbell was deprived a certified copy of the court record from which to question his former counsel on his claim of ineffective assistance of counsel in his murder conviction. Remands to the post-conviction court with orders to obtain the direct appeal record and permit Hubbell to question witnesses and present arguments with the benefit of a certified Record of Proceedings.
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Opinions Aug. 4, 2016

August 4, 2016
7th Circuit Court of Appeals
Glenn Patrick Bradford v. Richard Brown, superintendent
15-3706
Appeal from U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge Jane Magnus-Stinson.
Civil. Denies Glenn Bradford’s request for a new trial on 1992 murder and arson charges. Bradford had his chance and failed to present reliable evidence that would establish his innocence of the arson and murder. Judge Hamilton dissents with separate opinion, believing the court should order a new trial to test all the relevant evidence.
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Opinions Aug. 3, 2016

August 3, 2016
Indiana Court of Appeals
Lynn K.C. Sines v. State of Indiana (mem. dec.)
91A05-1603-CR-544
Criminal. Affirms denial of Sines’ motion to modify his 10-year sentence.
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Opinions Aug. 2, 2016

August 2, 2016
Indiana Court of Appeals
State of Indiana v. Wallace Irvin Smith, III
45A05-1507-CR-945
Criminal. Affirms grant of Smith’s petition for alternative misdemeanor sentencing. Indiana Code 35-50-2-7(d) (2014) permits the trial court to modify his sentence and the language in Smith’s plea agreement did not preclude it.
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Opinions July 29, 2016

July 29, 2016
Indiana Court of Appeals
William H. Ellis, Sr. v. State of Indiana
02A03-1602-CR-376
Criminal. Reverses denial of petition for credit time not previously awarded by the Department of Correction. The court denied Ellis’ petition without considering whether he had exhausted his administrative remedies. Remands for the post-conviction court to determine this, and if so, to address his petition on the merits.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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