Opinions April 19, 2017

April 19, 2017
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Matthew L. Johnson v. State of Indiana
Criminal. Reverses the Hendricks Superior Court order overruling Matthew L. Johnson’s objections to the habitual offender enhancement charges. Finds that “convictions from which the offender was released more than 10 years before the current offense do not count for habitual offender purposes under Section 8(d).” Remands for review.

Wendy Burnett v. State of Indiana
Criminal. Reverses Wendy Burnett’s conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Vacates the judgment of the trial court as to the fees owed by Burnett. Remands for further proceedings and with instructions to vacate Burnett’s Class A misdemeanor conviction and to enter judgment for Class C misdemeanor operation a vehicle while intoxicated and for further proceedings on the issue of fees. Finds there is insufficient evidence to support Burnett’s Class A misdemeanor conviction. Also finds because the Marion Superior Court did not impose any probation fees or costs on Burnett, it was erroneous to accept the imposition of these fees without a petition from the probation department and a showing that Burnett’s financial situation has changed since the sentencing hearing.  

Constantinos P. Angelopoulos v. Theodore P. Angelopoulos, Neptunia Inc., Transmar Corp., Didiac Establishment, Beta Steel Corp., and Top Gun Investment Corp. II
Civil plenary. Affirms the Porter Superior Court’s order denying Constantinos P. Angelopoulos’ motion to modify a protective order. Finds the trial court did not abuse its discretion when it found Theodore P. Angelopoulos had met his burden of establishing, by clear and convincing evidence, that the portions of his deposition previously designated as confidential, but submitted in court, should be part of the public record. Also finds the trial court did not abuse its discretion when it denied Constantino Angelopoulos’ motion to modify the protective order to permit him to use, in Greek litigation, the discovery materials designate as confidential discovery in the Indiana action.

Citizens Action Coalition of Indiana, Inc. v. Northern Indiana Public Service Company; NIPSCO Industrial Group; and United States Steel Corporation
Agency. Affirms the Indiana Utility Regulatory Commission’s approval of a settlement agreement between Northern Indiana Public Service Company, NIPSCO Industrial Group and United States Steel Corp. Finds there is substantial evidence to support the IURC’s order and that the IURC did not err.

Philip R. Davis v. State of Indiana
Infraction. Affirms the judgment against Philip Davis for the civil infraction of speeding. Finds the Allen Superior Court did not commit reversible error.

Aaron Smith v. State of Indiana (mem. dec.)
Criminal. Affirms Aaron Smith’s conviction of felony murder. Finds the warrant executed during Smith’s hospitalization was supported by probable cause. Also finds the admission of two text messages from an alleged co-conspirator to Smith was harmless error.

Jeffrey Lambert v. Jill Fox (mem. dec.)
Domestic relation. Affirms a ruling by the Hendricks Superior Court which ordered Jeffrey Lambert and his ex-wife, Jill Fox, to split two-thirds of their children’s college expenses. Finds Lambert has waived his claims relating to the issues presented on appeal by failing to provide the Indiana Court of Appeals with a cogent argument or citations to authority sufficient to review his claims.

In the Matter of A.A. (Minor Child) Child in Need of Services, C.A. v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Reverses the adjudication of A.A. as a child in need of services. Finds C.A.’s due process rights were violated when the Miami Circuit Court allowed her counsel to withdraw, without notice, and conducted a fact-finding hearing in her absence.

Tony David Mitchell v. State of Indiana (mem. dec.)
Criminal. Affirms Tony Mitchell’s convictions of Class B felony attempted aggravated battery and Class B felony aggravated battery and his sentence to an aggregate of 10 years. Finds there was sufficient evidence to support Mitchell’s convictions and that his sentence is not inappropriate.

Alicia Patrice Cleveland v. State of Indiana (mem. dec.)
Criminal. Affirms Alicia Cleveland’s convictions of criminal mischief as a Class B misdemeanor and pointing a firearm as a Class A misdemeanor. Finds the testimony introduced against Cleveland at trial was not incredibly dubious.

Bryan Tate v. State of Indiana (mem. dec.)
Criminal. Affirms Bryan Tate’s sentence to an aggregate of 14 years for Level 5 felony robbery. Finds the Hendricks Superior Court did not err in sentencing him.

Michael Francis and Carmen Jay Francis v. EMC Mortgage, LLC, successor by merger to EMC Mortgage Corporation (mem. dec.)
Mortgage foreclosure. Affirms the Marion Superior Court’s grant of summary judgment to EMC Mortgage LLC, order of the sale of Michael and Carmen Jay Francis’ property and denial of the Francises’ counterclaims. Finds the Francises’ appellate claims lack merit.

Debra L. Myer v. Michael A. Myer (mem. dec.)
Domestic relation. Affirms the St. Joseph Circuit Court’s division of marital property in the dissolution of Debra L. Myer’s marriage to Michael A. Myer. Finds the trial court did not abuse its discretion.

Darion Cook v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Darian Cook’s probation and his placement in community corrections. Finds the Marion Superior Court did not abuse its discretion in admitting evidence.

Rohrman Automotive Group v. Paul Pratico and Joy DenHouter (mem. dec.)
Small claims. Affirms the judgment in favor of Paul Pratico and Joy DenHouter in the amount of $6,000. Finds the evidence before the small claims court supports its award of treble damages and attorney fees under the Crime Victims Relief Act. Also finds Pratico and DenHouter are not entitled to an additional amount under the CVRA, Indiana Appellate Rules 66(E) or 67 or Indiana Code 34-52-1-1 for appellate attorney fees.

Carlos D. Staten v. State of Indiana (mem. dec.)
Criminal. Affirms Carlos D. Staten’s conviction of Level 5 felony battery and the finding that he is a habitual offender. Finds the state presented sufficient evidence to sustain his conviction and to rebut his claim of self-defense.

Madison County Board of Commissioners and Madison County Highway Department v. American Federation of State County and Municipal Employees Local 3609 (mem. dec.)
Civil plenary. Affirms the Henry Circuit Court’s award of attorney fees. Finds the award of trial attorney fees is authorized by the statute under which American Federation of State County and Municipal Employees Local 3609 proceeded. Awards the union attorney fees for defending the present appeal and remands to the trial court for a calculation of appellate attorney fees.

David Garden v. State of Indiana (mem. dec.)
Criminal. Affirms six of David Garden’s convictions for Class C felony forgery. Finds the evidence is sufficient to sustain the challenged convictions.


Sponsored by
Subscribe to Indiana Lawyer
  1. It's an appreciable step taken by the government to curb the child abuse that are happening in the schools. Employees in the schools those are selected without background check can not be trusted. A thorough background check on the teachers or any other other new employees must be performed to choose the best and quality people. Those who are already employed in the past should also be checked for best precaution. The future of kids can be saved through this simple process. However, the checking process should be conducted by the help of a trusted background checking agency(

  2. Almost everything connects to internet these days. From your computers and Smartphones to wearable gadgets and smart refrigerators in your home, everything is linked to the Internet. Although this convenience empowers usto access our personal devices from anywhere in the world such as an IP camera, it also deprives control of our online privacy. Cyber criminals, hackers, spies and everyone else has realized that we don’t have complete control on who can access our personal data. We have to take steps to to protect it like keeping Senseless password. Dont leave privacy unprotected. Check out this article for more ways:

  3. You need to look into Celadon not paying sign on bonuses. We call get the run

  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.